When things go wrong with a financial product from a regulated financial services company, you have recourse through a variety of ombudsmen, adjudicators and regulators.
A number of ombudsmen’s offices that were set up voluntarily have amalgamated as the National Financial Ombud (NFO). Financial institutions regulated by the Financial Sector Regulation Act have to participate in a scheme approved by the Ombud Council and to abide by its rulings.
This means life insurers, short-term (non-life) insurers and banks have to participate in the NFO.
Credit providers that are not banks can participate in the NFO or you can complain about them to the National Credit Regulator.
The Pension Funds Adjudicator and the Ombud for Financial Services Providers (FAIS Ombud) are statutory bodies. This means that they are set up by law. If these institutions make a ruling and the parties do not abide by the ruling, a court can be asked to act on that failure.
While the Pension Funds Adjudicator can hear complaints about most retirement funds, the office does not have jurisdiction over retirement funds that are created by their own laws, like the Government Employees Pension Fund (GEPF).
The Financial Sector Conduct Authority (FSCA) is the regulator for most financial services to whom you can report irregularities, but complaints are best addressed to the relevant ombuds.
Credit providers are regulated the National Credit Regulator and you can refer complaints that the NFO does not have jurisdiction over to this regulator.
Medical schemes are regulated by the Council for Medical Schemes which can hear complaints that do not fall within the FAIS Ombud's jurisdiction over advice about a financial product.
The tax ombud has also been created by law to deal with complaints about how the South African Revenue Service administers tax legislation. The ombud will attempt to resolve your issue with SARS, but the office’s recommendations are not binding on either SARS or you, as a taxpayer.
Here’s a list of the ombuds, adjudicators and regulators and how to get hold of them:
If you have a complaint about your bank, your insurance policy (life, disability or short-term insurance), about a credit provider that is not a bank or about information reported to a credit bureau:
The National Financial Ombud Scheme
This scheme includes:
The Ombudsman for Long-term Insurance
Ombud: Denise Gabriels
The Ombudsman for Banking Services
Ombud: Reana Steyn
The Credit Ombud
Ombud: Howard Gabriels
The Ombudsman for Short-term Insurance
Ombud: Edite Texeira-Mckinon
Call: 0860 800 900
Whatsapp: 27(0)66 473 0157
Email: info@nfosa.co.za
www.nfosa.co.za
If you have a complaint about a financial adviser or you have been given bad advice about a financial product (including a medical scheme)
The FAIS Ombud / the Ombud for Financial Services Providers
Ombud: John Simpson
Call: 012 762 5000 or 0860 066 3274
Email: info@faisombud.co.za
www.faisombud.co.za
If you have a complaint about your retirement fund or it's administrator:
The Pension Funds Adjudicator
Adjudicator: Muvhango Lukhaimane
Call: 012 748 4000 or 012 346 1738
Email: enquiries@pfa.org.za
www.pfa.org.za
If you want to appeal a ruling made by the Pension Funds Adjudicator or the FAIS Ombud:
The Financial Services Tribunal
Call: (012) 741 4300
E-mail:Applications@fstribunal.co.za
www.fsca.co.za/enforcement-matters/Pages/About-FSB-Appeal-Board.aspx
If you have a complaint about your medical scheme or medical scheme administrator that is not related to advice
The Council for Medical Schemes
Chief executive and registrar: Dr Sipho Kabane
Call: 0861 123 267
Email: information@medicalschemes.co.za
www.medicalschemes.co.za
If you have a complaint about a credit provider that is not a member of the NFO, or a debt counsellor or a credit bureau's activities that are not related to credit record listings
The National Credit Regulator
CEO: Nomsa Motshegare
Call: 0860 627 627
Email: complaints@ncr.org.za (about a credit provider) or dccomplaints@ncr.org.za (about debt counsellors)
www.ncr.org.za
If you have a complaint about a debt collector contravening the Code of Conduct, submit your complaint to:
The Council for Debt Collectors
CEO: Andries Cornelius
Call: (012) 804 9808
Email: info@cfdc.org.za
If you have a complaint about an entity that is providing a financial services that does not fall within the jurisdiction of any of the existing ombudsmen or adjudicators
The Financial Sector Conduct Authority
Commissioner: Unathi Kamlana
Call: 0800 203 722
Email: complaints@fsca.co.za
www.fsca.co.za
If you have an administrative or procedural complaint against the South African Revenue Service (SARS).
The Tax Ombud
Ombud: Yanga Mputa
Call: 0800 662 837
Email: complaints@taxombud.gov.za
www.taxombud.gov.za
