For the purposes of this Chapter—
"decision"
means each of the following:
| (a) |
A decision by a financial sector regulator or the Ombud Council in terms of a financial sector law in relation to a specific person; |
| (c) |
a decision in relation to a specific person by a market infrastructure, being a decision in terms of rules of the market infrastructure contemplated by the Financial Markets Act, or a decision contemplated in section 105 of the Financial Markets Act; |
| (d) |
a decision of a statutory ombud in terms of a financial sector law in relation to a specific complaint by a person; |
| (e) |
a decision of a kind prescribed by Regulation for the purposes of this paragraph, |
and includes—
| (f) |
an omission to take such a decision within the period prescribed or specified in a financial sector law, rules, or other requirements pertaining to the decision-maker; |
| (g) |
an omission to take such a decision within a reasonable period, if the applicable financial sector law, or rules of, or other requirements pertaining to, the decision-maker require the decision to be taken but without prescribing or specifying a period; |
| (h) |
an action taken as a result of such a decision; and |
| (i) |
an omission to take action as a result of such a decision within the prescribed or a reasonable period, if the applicable financial sector law requires the action to be taken but does not prescribe a period, |
but does not include—
| (j) |
a decision of a financial sector regulator that the financial sector regulator is directed to take in terms of section 18(2) or 30(1); |
| (k) |
a decision to conduct a supervisory on-site inspection or an investigation; |
| (l) |
an assessment of a levy issued to a specific person; or |
| (m) |
a decision prescribed by Regulations made for this paragraph; |
"decision-maker"
means—
| (a) |
in relation to a decision by a financial sector regulator, the financial sector regulator; |
| (b) |
in relation to a decision by the Ombud Council, the Ombud Council; |
| (c) |
in relation to a decision referred to in paragraph (b) of the definition of "decision" in this section, the authorised financial services provider; |
| (d) |
in relation to a decision referred to in paragraph (c) of the definition of "decision" in this section, the market infrastructure; |
| (e) |
in relation to a decision by a statutory ombud, the statutory ombud; and |
| (f) |
in relation to a decision referred to in paragraph (e) of the definition of "decision" in this section, the person identified in the Regulations as the decision-maker. |
Public Service Commission Act, 1997
