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Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 14 : Ombuds

Part 4 : General provisions

217. Reporting

 

(1) An ombud scheme must—
(a) within six months after the end of each financial year, submit to the Ombud Council, in the form and with the content required by the Ombud Council, a report on the operation of the ombud scheme during the financial year, including in relation to—
(i) compliance with the financial sector laws in so far as they relate to ombud schemes;
(ii) the complaints that the ombud scheme is dealing with, and how they are being dealt with; and
(iii) the conduct of financial institutions that is giving rise to complaints; and
(b) comply with any request by the Ombud Council at any time for information about the operation of the ombud scheme, trends in and implications of the conduct of financial institutions observed by the ombud scheme, and any other relevant information.

 

(2) Each of the following must, on request by the Financial Sector Conduct Authority, and may at any time, provide information and reports to the Financial Sector Conduct Authority about the operation of ombud schemes and trends in and implications of the conduct of financial institutions observed by it:
(a) The Ombud Council;

 

(3) If, in dealing with a complaint, an ombud becomes aware that there has or may have been—
(a) a contravention of a financial sector law in a material way by a financial institution; or
(b) an activity or action by a financial institution that has an effect on financial customers other than the complainant,

the ombud must report the details of the matter, including the identity of the financial institution concerned, to the Financial Sector Conduct Authority.

 

(4)

(a) The Ombud Council must provide the Minister of Finance and the National Treasury with information, returns, documents, explanations and motivations that may be prescribed by Regulation for this section or information that the Minister of Finance or the National Treasury may request.
(b) Paragraph (a) does not require or permit the provision of information about persons identifiable from the information.

 

[Section 217 to take effect on 1 April 2020, per Notice No. 1130 of 2019, GG 42677, dated 30 August 2019]