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Unit Standard No.12164Page 140

(b) must, in the first instance, explore any reasonable prospect of resolving a complaint by a conciliated settlement acceptable to all parties ;

(c) may, in order to resolve a complaint speedily by conciliation, make a

recommendation to the parties, requiring them to confirm whether or not they

accept the recommendation and, where the recommendation is not accepted

by a party, requiring that party to give reasons for not accepting it: Provided

that where the parties accept the recommendation, such recommendation has

the effect of a final determination by the Ombud, contemplated in section  28(1);

(d) may, in a manner that the Ombud deems appropriate, delineate the functions

of investigation and determination between various functionaries of the

Office; -

(e) may, on terms specified by the Ombud, mandate any person or tribunal to

perform any of the functions referred to in paragraph (d).

(6) For the purposes of any investigation or determination by the Ombud, the provisions of the Commissions Act, 1947 (Act No. 8 of 1947), regarding the summoning and examination of persons and the administering of oaths or affinnations to them, the calling for the production of books, documents and objects, and offences by witnesses, apply with the necessary changes.

Determinations by Ombud

28. (1) The Ombud must in any case where a matter has not been settled or a recommendation referred to in section 27(5)(c) has not been accepted by all parties

concerned, make a final determination, which may include-

(a) the dismissal of the complaint; or

(b) the upholding of the complaint, wholly or partially, in which case –

(i) the complainant may be awarded an amount as fair compensation for any

financial prejudice or damage suffered;

(ii) a direction may be issued that the authorised financial services provider,

representative or other party concerned take such steps in relation to the

complaint as the Ombud deems appropriate and just;

(iii) the Ombud may make any other order which a Court may make.

(2) (a) A monetary award may provide for the amount payable to bear interest at a rate

and as from a date determined by the Ombud.

(b) The Board may by rule determine-

(i) the maximum monetary award for a particular kind of financial prejudice or

damage;

(ii) different maximum monetary awards for different categories of complaints;

(iii) the granting of costs, including costs against a complainant in favour of the Office or the respondent if in the opinion of the Ombud-

(aa) the conduct of the complainant was improper or unreasonable; or

(bb) the complainant was responsible for an unreasonable delay in the

finalisation of the relevant investigation:

Provided that an amount payable under a cost award bears interest at a rate and

as from a date determined by the Ombud.

(3) Any award of interest by the Ombud in terms of subsection (2) may not exceed the rate which a Court would have been entitled to award, had the matter been heard by a Court.

INSMAT final materials31/10/03

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