| (b) |
attempted, or conspired with, aided, abetted, induced, incited or procured another person to contravene a financial sector law in so far as it relates to ombud schemes. |
| (2) |
A debarment order prohibits the person, for a specified period, as specified in the order, from performing a specified role in relation to an ombud scheme. |
| (3) |
Before making a debarment order in respect of a person, the Ombud Council must— |
| (a) |
give a draft of the order to the person and to the financial sector regulators, along with reasons for and other relevant information about, the proposed debarment; and |
| (b) |
invite the person to make submissions on the matter, and give the person a reasonable period to do so. |
| (4) |
The period in terms of subsection (3)(b) must be at least one month. |
| (5) |
In deciding whether or not to make a debarment order in respect of a person, the Ombud Council must take into account at least— |
| (a) |
any submission made by, or made for, the person; and |
| (b) |
any advice from a financial sector regulator. |
| (6) |
A debarment order takes effect from— |
| (a) |
the date on which it is served on the person; or |
| (b) |
if the order specifies a later date, the later date. |
| (7) |
A copy of a debarment order in respect of a person must also be given to each ombud scheme. |
(8)
| (a) |
A person who is subject to a debarment order may not engage in conduct that directly, or indirectly, contravenes the order. |
| (b) |
Without limiting paragraph (a), a person contravenes that paragraph if the person enters into an arrangement with another person to engage in the conduct for or on behalf of, or in accordance with the directions, instructions or wishes of, the person. |
| (9) |
An ombud scheme that becomes aware that a debarment order has been made in respect of a person employed or engaged by the ombud scheme must take all reasonable steps to ensure that the order is given effect to. |
[Section 205 to take effect on 1 April 2020, per Notice No. 1130 of 2019, GG 42677, dated 30 August 2019]
South African Institute for Drug Free Sport Act, 1997
