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

Chapter 15 : Financial Services Tribunal

Part 4 : Reconsideration of decisions

234. Tribunal orders

 

(1) In proceedings on an application for reconsideration of a decision the Tribunal may, by order—
(a) set the decision aside and remit the matter to the decision-maker for further consideration;
(b) in the case of a decision of any of the following kinds, also make an order setting aside the decision and substituting the decision of the Tribunal:
(i) A decision in terms of Chapter 13;
(ii) a decision referred to in paragraph (b) or (c) of the definition of "decision" in section 218; and
(iii) a decision of a kind prescribed by Regulation for the purposes of this section; or
(c) dismiss the application.

 

(2) The Tribunal may, in exceptional circumstances, make an order that a party to proceedings on an application for reconsideration of a decision pay some or all of the costs reasonably and properly incurred by the other party in connection with the proceedings.

 

(3) Subsections (1) and (2) are subject to any provision of a financial sector law that excludes, restricts or qualifies the orders that the Tribunal may make in proceedings for reconsideration of a decision.

 

(4) The Tribunal may, by order, summarily dismiss an application for reconsideration of a decision if the application is frivolous, vexatious or trivial.

 

(5) This section does not affect any other right that a person may have.