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Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002)


Proceedings of the Office of the Ombud for Financial Services Providers Amendment Rules, 2004

9. Case fees, costs and interest


(a) The Ombud may, when accepting a complaint in terms of section 27(5) of the Act, require the respondent to pay a case fee to the Office not exceeding R1 000.00.
(b) The case fee referred to in paragraph (a) is non-refundable irrespective of the outcome of the matter.
(c) Payment of a case fee, raised in terms of paragraph (a), may be enforced by the Office as a final determination by the Ombud.
(d) When making a final determination in terms of section 28 of the Act, the Ombud may grant costs against the respondent or, in the circumstances contemplated by section 28(2)(b)(iii), against the complainant, in either case in favour of the other party to the complaint or in favour of the Office.
(e) Any costs award by the Ombud must be quantified by the Ombud with due regard to the nature of the complaint, the time spent on the complaint, the expense and inconvenience caused to a party, the conduct of a party in resolving the complaint and any other factor deemed by the Ombud to be appropriate.
(f) Any award of interest and costs forms part of the relevant final determination of the Ombud.