Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002)RulesProceedings of the Office of the Ombud for Financial Services Providers Amendment Rules, 20047. Summary dismissal of complaints |
| (a) | Subject to Rule 4, the Ombud has the power to determine whether or not a complaint falls within the ambit of the Act and these Rules and must reject a complaint, which falls outside such ambit. |
| (b) | The Ombud may dismiss a complaint without referral to any other party if on the facts provided by the complainant it appears to the Ombud that— |
| (i) | the complaint does not have any reasonable prospect of success; |
| (ii) | the respondent has made an offer which is fair and reasonable and which is still open for acceptance by the complainant; |
| (iii) | the matter has previously been considered by the Ombud; |
| (iv) | the essential subject of the complaint has been decided in court proceedings; |
| (v) | the subject of the complaint is pending in court proceedings; or |
| (vi) | the complaint or relief sought is of the nature that the Ombud can be of no assistance to the complainant. |
| (c) | A complaint received officially may thereafter be dismissed if the complainant fails to co-operate in the pursuance or resolution of the complaint. |
| (d) | If in the discretion of the Ombud a complaint is being pursued in a frivolous, vexatious or abusive manner, it may be dismissed summarily. |
| (e) | The Ombud must in a manner deemed appropriate, inform parties of any dismissal of a complaint referred to in this Rule. |