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

Rules on proceedings of the office of the ombud for financial services providers, 2003

12. Appeals



a) A party against whom the Ombud has made a determination may apply to the Ombud for leave to appeal against the determination.
b) Such application must be in writing, must be submitted to the Ombud within one month of the date of the determination, and must set out the grounds on which the application is made.
c) In weighing the application the Ombud must consider the factors set out in section 28(5)(b) of the Act, and may request and consider submissions by any other party to the complaint concerning the merits of the application.
d) If the Ombud refuses leave to appeal, the applicant must be advised in writing and given reasons for such refusal.
e) The applicant may within one month of such refusal apply to the chairperson of the board of appeal for leave to appeal against the determination, and advise the Ombud in writing accordingly.
f) The application referred to in paragraph (e) must be submitted to the secretary of the board of appeal and must thereafter be dealt with as directed by the chairperson of that board.
g) On receipt of the written advice referred to in paragraph (e), the Ombud must transmit to the secretary of the board of appeal all the records concerning the complaint together with a copy of the determination and the Ombud’s reasons therefor, and the Ombud’s reasons for refusing leave to appeal.
h) If the Ombud grants leave to appeal, the applicant must be advised accordingly and the provisions of paragraph (9) apply with the necessary amendments, in which case the Ombud must also transmit the reasons for granting leave to appeal (if any).
i) When granting or refusing leave to appeal, the Ombud must advise the other party to the proceedings of the outcome of the application for leave to appeal.
j) If the board of appeal becomes seized with the appeal, the appeal must be dealt with in terms of the rules applicable to that board, with the necessary amendments, and, unless requested by the board of appeal, the Ombud shall not take part in the appeal proceedings and the appeal will continue between the parties to the complaint.
k) On receipt of the final decision of the board of appeal the Ombud must forward the decision to the clerk or registrar of the court as contemplated in section 28(4) of the Act.