Acts Online
GT Shield

Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 14 : Ombuds

Part 2 : Recognition of industry ombud schemes

198. Suspension of recognition

 

(1) The Ombud Council may, by notice to a recognised industry ombud scheme, suspend the recognition of the scheme if—
(a) the industry ombud scheme applies for suspension;
(b) a condition of recognition has been contravened or not been complied with in a material way;
(c) the industry ombud scheme, an ombud for the industry ombud scheme, or a significant number of the financial institutions that are members of the industry ombud scheme, have contravened in a material way the governing rules of the industry ombud scheme, a provision of a financial sector law relating to ombuds or Ombud Council rules;
(d) information provided in, or in relation to, an application to the Ombud Council in relation to the industry ombud scheme was false or misleading, including by omission, in a material way;
(e) the industry ombud scheme is not complying with a requirement of this Act;
(f) the suspension is necessary to prevent—
(i) a serious contravention of a financial sector law; or
(ii) financial customers of the members of the industry ombud scheme from suffering material prejudice; or
(g) a fee, a levy or an administrative penalty payable by the industry ombud scheme, including any interest, is unpaid and has been unpaid for at least 30 days after it is due.

 

(2) The Ombud Council may at any time revoke the suspension.

 

(3) A suspension takes effect on the date of the notice in terms of subsection (1), or a later date specified in the notice.

 

(4) A suspension does not affect an obligation of the industry ombud scheme that it has in terms of a financial sector law, including an obligation to report a matter to the Ombud Council.

 

[Section 198 to take effect on 1 April 2020, per Notice No. 1130 of 2019, GG 42677, dated 30 August 2019]