Financial Services Ombud Schemes Act, 2004 (Act No. 37 of 2004)13. Jurisdiction |
| (1) | The ombuds referred to in this Act have the following jurisdiction: |
| (a) | The Adjudicator and the Ombud for Financial Services Providers have jurisdiction as set out in their respective enabling Acts; |
| (b) | an ombud of a recognised scheme has the jurisdiction provided by the procedures under which such scheme operates and the terms of reference of such ombud; and |
| (c) | the statutory ombud has jurisdiction in respect of matters not within the jurisdiction of the ombuds referred to in paragraphs (a) and (b). |
| (2) |
| (a) | No ombud of a recognised scheme has jurisdiction to resolve a complaint or settle a matter in respect of which the Adjudicator or the Ombud for Financial Services Providers has jurisdiction in terms of a law, except in the case of any such complaint in respect of which the Adjudicator or the Ombud for Financial Services Providers has in terms of a law declined to resolve the complaint or settle the matter. |
| (b) | If an ombud of a recognised scheme, the Adjudicator, the Ombud for Financial Services Providers or the statutory ombud does not have jurisdiction in respect of a specific complaint submitted to him or her, that ombud, Adjudicator, Ombud for Financial Services Providers or statutory ombud must submit such complaint without undue delay to the office which does have jurisdiction and must advise the client accordingly. |
| (3) |
| (a) | In the case of uncertainty in respect of whom the complaint should be referred to, the relevant ombud, Adjudicator, Ombud for Financial Services Providers or statutory ombud involved in the uncertainty, must consult in order to determine who should deal with the complaint. |
| (b) | Failing agreement under paragraph (a), the matter will be referred to the statutory ombud to determine who may exercise jurisdiction in respect of the complaint, and the statutory ombud shall advise the client accordingly. |