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The Determination Process

What happens once my matter has been referred for determination?

Once your matter has been referred to the Adjudication department for determination, it is allocated to an Adjudicator.

The Adjudicator considers the entire case and the supporting documentation before making a decision. The Adjudicator may call for additional information/documents from both parties. At first, the Adjudicator may send a recommendation to both parties for the purposes of achieving an early resolution of the matter. A party who does not accept the recommendation must submit their reasons for refusing to accept such recommendation within the stipulated time. Only if the matter remains unresolved after all attempts to settle it, will the Ombud determine the complaint.

time-clock

Each case is dealt with on its merits; therefore a strict timeframe cannot be observed.

Once ready, the determination will be signed-off by the Ombud and all parties will be notified of the outcome. The determination may however be appealed within one month of the date of signing.

To appeal a determination, you will need to provide written reasons for the appeal. The Ombud will then consider the reasons and either grant or deny your application for leave to appeal.

In the event your application for leave to appeal has been denied by the Ombud, you may approach the Financial Sector Tribunal (Tribunal) to apply for a reconsideration of the decision of this Office.

The test applied in deciding whether to grant or refuse an application for leave to appeal is two-fold:

  • Whether there is likelihood that the Tribunal will reach a different conclusion on the matter; and/or
  • Whether the matter is complex.

APPLICATIONS FOR LEAVE TO RECONSIDER RESULTING FROM DECISIONS MADE BY THE OFFICE OF THE FAIS OMBUD

47. The right to apply to the Tribunal for leave to reconsider a decision by the FAIS Ombud is derived from section 28(5)(b)(ii) of the Financial Advisory and
Intermediary Services Act 37 of 2002.

48. An application for leave to reconsider must contain:
a. a copy of the original application submitted to the Ombud;
b. the decision letter;
c. full particulars of the grounds (stated succinctly) on which the application is based and, if necessary, must deal with the aspect of condonation should the
application be filed out of time; and
d. to be valid, must be lodged with the secretariat AND all other parties to the decision.

49. All documents submitted must be relevant to the decision, properly marked, collated and cross-referenced.

50. The Tribunal does not accept applications lodged piecemeal.

51. The application will be decided by the Chairperson on the papers.

52. If the application is granted by the Chairperson, the applicant may proceed to lodge an application for reconsideration in accordance with section 230 of the Act (refer to paragraphs 7 to 13 above).

53. Any decision by the Chairperson is final and not open to reconsideration by the Tribunal.