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FAIS Ombud Dealing with complaints submitted to the Ombud for FSPs
A complaint to the FAIS Ombud turns on sharply conflicting versions of a meeting, which can be resolved only by cross-examining several witnesses. What may the Ombud do?
RE5 practice question with a worked answer. This is one of hundreds of FSCA RE5 questions in the RegulatoryExams question bank.
- a) Uphold it, because any doubt on the facts must be resolved for the complainant.
- b) Decline to deal with it, as it is more appropriately dealt with by a court.Correct
- c) Dismiss it on the merits, which prevents the complainant from suing in court.
- d) Refer it to the Authority, which must hold a hearing and decide the dispute.
Why this is the answer
The Ombud may, on reasonable grounds, decide that it is more appropriate for a complaint to be dealt with by a court or another dispute resolution process, and decline to entertain it. That is not a decision on the merits, so the complainant can still litigate. The Ombud must be impartial, and the Authority does not decide client disputes.
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