| (1) |
The Ombud must in any case where a matter has not been settled or a recommendation referred to in section 17K(2)(d) has not been accepted by all parties concerned, make a final determination, which may include— |
| (a) |
the dismissal of the complaint; or |
| (b) |
the upholding of the complaint, wholly or partially, in which case— |
| (i) |
the complainant may be awarded an amount as fair compen-sation for any financial prejudice or damage suffered; and |
| (ii) |
a direction may be issued that the other party concerned take such steps in relation to the complaint as the Ombud deems appropriate and just. |
| (2) |
To make a considered monetary award the Ombud may— |
| (a) |
require full disclosure of contractual terms as well as financial dealings between the contractual parties; |
| (b) |
determine the appropriate monetary award as contemplated in subsection (1)(b)(i); and |
| (c) |
determine the amount payable to bear interest at a rate, and as from a date, determined by the Ombud. |
| (3) |
The Minister may by regulation determine— |
| (a) |
the maximum monetary award for a particular kind of financial prejudice or damage; |
| (b) |
different maximum monetary awards for different categories of complaints; or |
| (c) |
the granting of costs, including costs against either party in favour of the Office or the other party if in the opinion of the Ombud— |
| (i) |
the party’s conduct was improper or unreasonable; or |
| (ii) |
the party was responsible for an unreasonable delay in the finalisation of the relevant investigation: Provided that an amount payable under a cost award bears interest at a rate and as from a date determined by the Ombud. |
| (4) |
Any award of interest by the Ombud in terms of subsection (2) may not exceed the rate which a Court would have been entitled to award, had the matter been heard by a Court. |
| (5) |
The Office must reduce a determination to writing, including the reasons therefor, sign the determination, and send copies thereof to all parties concerned with the complaint and to the clerk or registrar of the Court which would have had jurisdiction in the matter had it been heard by a Court. |
| (6) |
A determination of the Ombud finalised according to subsection (5) may only be taken up on review specifically on the following grounds: |
| (b) |
procedural unfairness; or |
| (7) |
A determination is regarded as a civil judgment of a Court, had the matter in question been heard by a Court, and must be so noted by the clerk or registrar, as the case may be, of that Court. |
| (a) |
A writ of execution may, in the case of a determination amounting to a monetary award, be issued by the clerk or the registrar referred to in subsection (5) and may be executed by the sheriff of such Court after expiration of a period of two weeks after the date of the determination. |
| (b) |
Any other determination must be given effect to in accordance with the applicable procedures of a Court after expiration of a period of two weeks after the date of the determination. |
Section 17M inserted by section 5 of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024]
Protection of Businesses Act, 1978
