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Mafologele v Discoveryconnect Distribution Services (Pty) Ltd (FSP34/2023) [2023] ZAFST 108 (5 September 2023)

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THE FINANCIAL SERVICES TRIBUNAL

 

CASE NO.: FSP34/2023

 

DANIEL MAFOLOGELE                            APPLICANT

 

and

 

DISCOVERYCONNECT DISTRIBUTION

SERVICES (PTY) LTD                               RESPONDENT

 

 

DECISION BY THE DEPUTY CHAIRPERSON

 

 

APPLICATION FOR RECONSIDERATION IN TERMS OF SECTION 230 OF THE FSR ACT 9 OF 2017

 

The application for reconsideration is dismissed summarily in terms of sec 234(4) of the FSR Act 9 of 2017.

 

The grounds raised in answer to the notice under sec 234(4) add nothing of merit.

 

The applicant admitted in his email of 7 March 2023 his guilt and asked for another penalty than debarment. The present application is in direct conflict and his present denial of the facts is unacceptable.

 

The allegations of bias have no factual underlay. There was no reason why the FSP should have employed someone else as chair of the debarment committee because the Act assumes that the employer will conduct the enquiry. The seizure of equipment etc had no bearing on the matter especially in the light of the applicant's admission of wrongdoing.

 

 

LTC HARMS

Deputy Chairperson 5 September 2023