| (1) |
An end-user must first lodge a complaint with the relevant licensee or agent. |
| (2) |
An end-user may lodge a complaint with the Authority only in the following instances: |
| (a) |
when the end-user disputes the outcome of the resolution of the complaint; or |
| (b) |
when a licensee has failed to respond, or has not adequately responded to the complaint within the prescribed period. |
Licensee's Complaint's Handling Process
| (3) |
A licensee must designate and publicise a point of entry for complaints to be lodged by an end-user. |
| (4) |
A licensee must include the complaints handling procedures on: |
| (b) |
display boards at the licensee or agent's service outlets; |
| (c) |
on the invoice for post-paid end-users; and |
| (d) |
alternate platforms available to pre-paid end-users. |
| (5) |
A licensee that does not have service outlets, must notify end-users of where to find its complaints handling process. |
| (6) |
A licensee must acknowledge receipt of the complaint from an end-user within forty eight (48) hours by: |
| (a) |
allocating a reference number to each complaint; and |
| (b) |
communicate the reference number to the complainant telephonically, via text or e-mail. |
| (7) |
A licensee must resolve all complaints lodged by an end-user within fourteen (14) days of receipt. |
| (8) |
A licensee must advise the end-user that he/she may lodge a complaint with the Authority in the following instances: |
| (a) |
when an end-user disputes the outcome of the resolution of the complaint; |
| (b) |
when a licensee has failed to resolve the complaint in terms of subregulation 6. |
| (9) |
A complaint will be considered closely by the Authority: |
| (a) |
when the end-user is satisfied with the outcome of the resolution as proposed by the licensee; or |
| (b) |
after the complaint has been referred to the Authority's ADR Committee and has been closed by the ADR chairperson in writing. |
| (10) |
A licensee is entitled to demand payment of subscriptions fees in terms of the contractual agreement with the end-user, except for the disputed portion of the end-user's bill. |
Billing Complaints
| (11) |
Where an end-user lodges a billing complaint, the following procedures must be followed: |
| (a) |
a licensee must not suspend the service of an end-user while the investigation of a disputed bill is pending; |
| (b) |
a licensee must not hand over an end-user's account to collection agencies and impose penalties or charge interest on the disputed unpaid portion of the bill until the complaint has been closed in terms of subregulation (9). |
Disputed Complaints Lodged with the Authority
| (a) |
acknowledge receipt of the complaint escalated by the Authority within forty eight (48) hours; and |
| (b) |
resolve each complaint escalated by the Authority in writing within fourteen (14) days of receipt thereof; |
| (c) |
provide the Authority with written confirmation on how the escalated complaint was resolved. |
| (13) |
A licensee must in its compliance report provide details on the steps implemented to mitigate the top three (3) complaints six (6) monthly. |
Supreme Court Act, 1959
