WHAT IS A COMPLAINT?
A complaint is a specific grievance relating to authorised financial services.
WHAT COMPLAINTS CAN BE BROUGHT TO THE OFS?
Retirement / Pension / Provident Fund complaint.
Short term / Long term insurance complaint.
Medical aid scheme complaint.
Savings and/or Credit complaint.
Investments / Securities complaint.
TYPES OF COMPLAINTS
The types of Complaints that can be lodged at the Office of the Ombudsman include, but are not limited to:-
(1) A Retirement Fund Complaint
relates to the way your fund is being run; the investment of fund assets; or application of fund rules or the payment of benefits. Additionally, your complaint may be
(a) that the fund has made a decision it did not have the power to make;
(b) that you have suffered loss as a result of maladministration by the fund. Maladministration includes, but is not limited to, instances where the fund –
¨ took too long to perform an action, without good reason;
¨ did not take an action that it should have;
¨ did not follow its own rules or the law;
¨ broke its promises;
¨ gave wrong or misleading information;
¨ did not make a decision in the correct way; or did not disclose information that it should have disclosed to the complainant.
(c) that a dispute of fact or law has arisen in relation to a fund between the fund and any person or the fund and the complainant; or
(d) that an employer who participates in the fund has not fulfilled its duties in terms of the rules of the fund or the law.
(2) An Insurance Complaint
Relates to the way any person involved in insurance business and/or the application and interpretation of the terms and conditions of a policy. You may complain when you believe
(a) that a disagreement about insurance business has arisen between an insurer or an insurance intermediary and the complainant;
(b) that a decision of an insurer, insurance broker, other insurance agent or any person taken in terms of the policy terms and conditions was in excess of his/its powers, resulting in improper exercise of powers;
(c) that your interests have or will be harmed as a result of the decision, whether by something done or not done by an insurer or an insurance intermediary;
(d) that the financial service provider did not do what they promised in terms of the policy terms and conditions.
(3) A Medical Aid Scheme Complaint
relates to the administration of a medical aid scheme, the investment of its funds or the interpretation and application of its rules, and alleging—
(a) that a decision of the medical aid scheme or person taken in terms of the rules in excess of the powers of that medical aid scheme or person, or an improper exercise of its powers;
(b) that the complainant has sustained or may sustain prejudice in consequence of the maladministration of the medical aid scheme by the medical aid scheme or any person, whether by act or omission;
(c) that a dispute of fact or law has arisen in relation to the medical aid scheme between the medical aid scheme or any person and the complainant; or
(d) that an employer who participates in the medical aid scheme has not fulfilled its duties in terms of the rules of the medical aid scheme, but shall not include a complaint which does not relate to a specific complainant.
(4) Savings and/or Credit
must relate to instances where a financial services provider:must relate to instances where a financial services provider:
(a) breached any applicable laws, regulations, by-laws or duties imposed therein;
(b) failed to give effect to a right provided to the consumer by laws, regulations, by-laws in respect to the subject matter of the complaint;
(c) failed to adhere to any applicable code of practice or code of conduct provided for by financial services laws and other legislation applicable in industry;
(d) failed to meet the standards of good practice required by financial services laws and instruments thereof; or
(e) treated the complainant unfairly or acted in an unconscionable manner towards the complainant.
(5) An Investment (or Securities) Complaint
relates to a complaint against a listed public company, public company which intends to get its securities listed in a recognised securities exchange, collective investment scheme and the intermediaries in securities market relating to redressal of grievances of investors in securities, claims of any money in respect of issue or dealing in securities, deficiency in services.
DOWNLOAD COMPLAINT FORM
WHO CAN BRING A COMPLAINT?
The OFS can only receive complaints between a non-bank FSP and a consumer who can be either:
- Any person (s) including all those acting as a lawful representative or personal individual;
- Any business;
- Corporate trustee/Management Board/administrator of a self-managed retirement fund;
- A club or incorporated association;
- Policy holder of a group life or general insurance. and / or
- A stakeholder as defined in Section 2 of the Financial Services Regulatory Act, 2010.
AGAINST WHOM CAN A COMPLAINT BE LODGED?
Your complaint may be against a:-
| Central Securities Depository | Collective Investment Scheme | Credit Bureau |
| Dealer | Representative of a Dealer | Fund Administrator |
| Insurance Agent | Insurance Broker | Insurer |
| Investment Advisor | Pawnbroker | Medical Aid Scheme |
| Medical Aid Scheme Provider | Nominee | Pension Fund |
| Retirement Fund | Provident Fund | Securities Exchange |
| Trustee of a Retirement Fund | Representative of an Investment Advisor | Manager of a Collective Investment Scheme |
HOW TO LODGE A COMPLAINT
All complaints must be lodged in writing with your non-bank FSP before we can begin our investigation into your complaint.
If you are still not satisfied with your non-bank FSP’s response to your complaint or if they have not responded to your complaint within 30 days from the date you lodged it, then you may lodge your complaint with the OFS provided we have seen proof that your matter has been initially raised with your non-bank FSP.
If you would like to lodge a complaint with us you can download our complaint form(in English or SiSwati) and forward us sworn copies of your form via fax, post or email together with any supporting documents and/or information relevant to the Complaint.
Alternatively you can call us or come to our offices for a consultation.
A complaint form may be completed at our offices or forwarded by fax, post or email together with all the relevant documents.
To find out more about the types of complaints we cannot deal with and the Rules and restrictions that may apply – for example, on the time limits for bringing a complaint- please contact our offices directly.
