South Africa: Financial Service Tribunal

THE FINANCIAL SERVICES TRIBUNAL

CASE NO.: FAB30/2023

FAIS OMBUD REF.: FAIS-00416-11/12 KZN 1

JOSHUA GILBERT                                                 APPLICANT

and

KAJAMUTHIE GOVINDSAMY GOVENDER          FIRST RESPONDENT

OFFICE OF THE OMBUD FOR FINANCIAL

SERVICES PROVIDERS                                        SECOND RESPONDENT

RULING BY THE DEPUTY CHAIRPERSON

APPLICATION FOR LEAVE TO RECONSIDER

The application for leave to apply for reconsideration is dismissed. The following rule applies to the Tribunal:

“The ordinary rule is that a higher body is not entitled to interfere with the exercise by a lower body of its discretion unless it: failed to bring an unbiased judgment to bear on the issue; did not act for substantial reasons; exercised its discretion capriciously; or exercised its discretion upon a wrong principle.”

The Ombud exercised his discretion in terms of section 27(3) (c) of the FAIS Act 37 of 2002, and motivated his decision fully.

It was and is not possible for the Ombud to dispose of the complaint in a procedurally fair, informal, economical and expeditious manner and by what is equitable in the circumstances as required by sec 20(3).

LTC HARMS

Deputy Chairperson 28 April 2023