Task 8 — Administrative Justice & FAIS Ombud

The Office of the FAIS Ombud (sections 20-31 of FAIS) resolves complaints between clients and FSPs informally, fairly, economically and expeditiously. Its determinations are enforceable as a judgment of court. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) underpins the procedural fairness that the Ombud and the FSCA must observe in every decision affecting a person's rights.

• 01FSPs must maintain an internal complaints procedure that is fair, accessible and free of charge, with prescribed acknowledgement and resolution timeframes.
• 02Six-week internal resolution window must elapse (or be waived in writing by the client) before a complaint may be referred to the FAIS Ombud.
• 03Ombud determinations under section 28 are binding and may be made an order of the High Court for enforcement.
• 04Administrative action affecting a person's rights — debarment, licence withdrawal, fine — must comply with PAJA: lawful, reasonable and procedurally fair, with written reasons on request.

• 01Statutory complaint definition versus a service-level grievance.
• 02Sequence of escalation: FSP → six-week window → Ombud → review by Financial Services Tribunal → High Court.
• 03PAJA section 3 requirements for procedurally fair administrative action.
• 04Jurisdictional limits of the Ombud — both monetary threshold and subject-matter exclusions.