Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992)RulesRules in respect of Export Agents, 2025Part 5 - Internal Complaint Resolution |
| 26. | General |
| (a) | In this Part 5: |
| (i) | 'complaint' means a specific complaint relating to a service rendered by an export agent or employee to the complainant or to the conduct of an export agent or employee and in which complaint it is alleged that the export agent or d employee— |
| (1) | has contravened or failed to comply with a provision of the Act or of these Rules irrespective of whether as a result thereof the complainant has suffered or is likely to suffer loss or damage; or |
| (2) | has wilfully or negligently rendered a service to the complainant which has caused loss or damage to the complainant or which is likely to result in such loss or damage. |
| (ii) | 'internal complaint resolution system and procedures', means the system and procedures established and maintained by the export agent in accordance with these Rules for the resolution of complaints by principals; |
| (iii) | 'resolution', or 'internal resolution', in relation to a complaint and an export agent, means the process of the resolving of a complaint through and in accordance with the internal complaint resolution system and procedures of the export agent. |
| (b) | An export agent must— |
| (i) | request that any person who has a complaint against the export agent must lodge such complaint in writing; |
| (ii) | maintain a record of such complaints for a period of five years; |
| (iv) | handle complaints in a timely and fair manner; |
| (v) | take steps to investigate and respond promptly to such complaints; and |
| (vi) | where such a complaint is not resolved to the complainant's satisfaction, advise the complainant that other steps are available in terms of the Act and these Rules. |
| 27. | Basic principles of systems and procedures |
| (a) | An export agent must maintain an internal complaint resolution system and procedures based on the following: |
| (i) | maintenance of a comprehensive complaints policy outlining the export agent's commitment to, and system and procedures for, internal resolution of complaints; |
| (ii) | transparency and visibility: ensuring that complainants have full knowledge of the procedures for resolution of their complaints; |
| (iii) | availability of procedures to clients through electronic means; and |
| (iv) | fairness: ensuring that a resolution of a complaint can during and by means of the resolution process be affected which is fair to both complainants and the export agent and its staff. |
| 28. | Resolution of complaints |
| (a) | The internal complaint resolution system and procedures of the export agent must be designed to ensure the existence and maintenance of at least the following for purposes of effective and fair resolution of complaints: |
| (i) | availability of adequate manpower and other resources; |
| (ii) | adequate training of all relevant staff, including imparting and ensuring full knowledge of the provisions of the Act, and the rules with regard to resolution of complaints; |
| (iii) | ensure that responsibilities and mandates are delegated to facilitate complaints resolution of a routine nature; |
| (iv) | ensure that there is provision for the escalation of non-routine serious complaints and the handling thereof by staff with adequate expertise; |
| (v) | internal follow-up procedures to ensure avoidance of occurrences giving rise to complaints, or to improve services and complaint systems and procedures where necessary. |
| 29. | Specific obligations |
| (a) | Subject to the other provisions of Part 5, the internal complaint resolution system and procedures of an export agent must contain arrangements which— |
| (i) | must— |
| (1) | reduce the details of the internal complaint resolution system and procedures of the export agent, including all subsequent updating or upgrading thereof, to writing; |
| (2) | allow for the procedures to be made available to complainants by electronic medium; and |
| (3) | include in such details the name, address and other contact particulars of the Registrar. |
| (b) | must stipulate that complaints must be submitted in writing and must contain all relevant information, and that copies of all relevant documentation must be attached thereto; |
| (c) | must provide that the receipt of complaints is acknowledged in writing to the complainant within 10 (ten) business days of receipt, with communication particulars of contact staff to be involved in the resolution of the complaint, and are properly internally recorded by the relevant staff; |
| (d) | must make provision that after the receipt and recording of a particular complaint, the complaint will as soon as reasonably practically possible be forwarded to the relevant staff appointed to consider its resolution, and that— |
| (i) | the complaint receives proper consideration; |
| (ii) | appropriate management controls are available to exercise effective control and supervision of the consideration process; and |
| (iii) | the complainant is informed of the results of the consideration within 6 (six) weeks of receipt of a complaint: Provided that if the outcome is not favourable to the complainant, full written reasons must be furnished to the complainant within 6 (six) weeks of receipt of a complaint. |
| (e) | In any case where a complaint is resolved in favour of a complainant, the export agent must ensure that a full and appropriate level of redress is offered to the complainant without any delay. |
| (f) | An export agent must maintain records for a minimum period of 5 (five) years regarding complaints that are received together with an indication whether or not any such complaint has been resolved. |
| (g) | Only once the internal complaint resolution process has been exhausted may such complaint (provided it falls within the ambit of the Council’s responsibility) be referred to the Council for resolution, provided however that this provision shall not be so interpreted as to inhibit a referral to the Council in circumstances where a failure to do so would result in the inability to render such referral in accordance with the time periods provided for in the Act and/or any other applicable legislation. |