Subject Title - INSETA

11. If the complainant is unhappy with the Ombud's determination hemay appeal to the Appeal Board, provided, the Ombud grants leaveto appeal.Note: If the Ombud refuses leave to appeal, the applicant must beadvised in writing of such refusal. The applicant may within onemonth of such refusal apply to the chairperson of the board of appealfor leave to appeal against the determination, and advises theOmbud in writing accordingly.12. Where a matter has not been settled or a recommendation has notbeen accepted by the parties, the Ombud shall make a determinationwhich may include: 178a) dismissing the complaint; orb) upholding the complaint, wholly or partially.13. The complainant may be awarded an amount as fair compensationfor any financial prejudice or damage suffered. 17914. A direction may be issued that the authorised financial servicesprovider, representative or other party concerned take such steps inrelation to the complaint as the Ombud deems appropriate and just.15. A determination or final decision of the board of Appeal, as the casemay be, is regarded as a civil judgment that shall be recorded by theclerk of the court or Registrar of the High Court, as the case maybe. 18016. A warrant of Execution may be issued in the case of a determinationor final decision of the board which amounts to a monetary awardand may be executed by the Sheriff of the Court after the expirationof a period of two (2) weeks after the date of the determination orfinal decision of the board, as the case may be. 181The key individual must ensure that there are adequate processes in placeand that staff are informed and trained with regard to the handling ofcomplaints submitted to the Ombud and any investigations by the Ombud'soffice.If a person does something in relation to the FAIS Ombud or in relation to aninvestigation by the Ombud, which could be regarded as contempt of court bya court, the person is guilty of an offence and liable on conviction to a penaltywhich could have been imposed by a court.178 Section 28(1)(b) of the Act179 Section 12(a) of BN 81 of 2003180 Section 28(5) of the Act181 Section 28(6) of the Act266 © INSETA - Section 1 12a