Complaint Resolution Procedure in terms of the Financial Advisory and Intermediary Services Act, 2002 (FAIS)

This procedure should not be construed as to include normal queries and the like, but relates to specific written complaints. In the normal course, even written complaints should be dealt with by the relevant Administrators/Representatives and resolved to the best of those persons’ abilities. Only thereafter will complaints in terms of the Act be addressed.

​Complaints

Complaints must be:

  • Specific
  • Related to financial services rendered to clients
  • On or after 30 September 2004.

The definition of “Complainant” means subject to Section 26(1)(a)(ii) FAIS, a specific client who submits a complaint to the Ombudsman.
The definition of “Complaint” in terms of Section 1 of the FAIS Act, refers to a complainant who makes it unclear whether the complaint must be submitted simultaneously to the Ombudsman. However, we will take a pragmatic approach and as far as the Dynasty complaints procedure is concerned, we will deal with it as follows:

The complaint must be in writing and the complainant must allege that Omega Capital:

  • Contravened or failed to comply with the provisions of FAIS and as a result, the client has suffered or is likely to suffer financial damage
  • Wilfully / negligently rendered a financial service, which has caused or is likely to cause prejudice or damage
  • Treated a client unfairly

Omega’s Complaint Resolution Procedure

  • Request that the complainant lodge a complaint in writing.
  • Promptly acknowledge receipt of the complaint in writing, providing the client with communication particulars of contact staff involved in the complaint resolution procedure.
  • Handle client complaints in a timeous and fair manner.
  • Inform the client of the outcome of the enquiry within a period of 6 weeks from date of receiving the written complaint.
  • Advise further steps available to the client in terms of FAIS or any other law, where the client’s complaint is not resolved to the client’s satisfaction.
  • If the outcome is not in the client’s favour, full written reasons must be furnished and the client must be advised that the complaint may be pursued within 6 months from date thereof, with the Ombudsman, whose name, address and other contact details must simultaneously be provided to the client.
  • Maintain a record of complaints for 5 years, together with an indication of whether or not complaints were resolved or not. This complaints register must be held electronically and must be easily accessible.
  • Ensure that existing and new clients have full knowledge of the procedures for complaint resolution.
  • Existing clients must be made aware of the internal complaint resolution procedure:
    • By electronic announcement.
    • By separate business communication.
  • Ensure that the complaints resolution facilities are easily accessible to all clients.
  • All financial service providers must ensure:
    • Adequate manpower and other resources.
    • Adequate training of all relevant staff.
    • Routine complaint resolutions are in place.
    • Non-routine complaints are escalated to staff with the appropriate skills/expertise.
    • Internal follow-up procedures must be in place to:
      • Avoid occurrences giving rise to the complaints.
      • Improve services and complaint system procedures.

Adjudication of Complaints

  • Successors in title of a client or FSP must deal with such complaints.
  • If the complaint cannot be addressed within a reasonable time, the FSP must acknowledge so in writing and communicate details of the contact staff to the complainant.
  • The FSP Management must ensure that the relevant staff member addresses the complaint and that effective supervision and control of process by management is in place.
  • From within 4 weeks of receipt of the complaint without resolution by the FSP, whereby the resolution cannot be abided by the FSP, that FSP must advise the client of his rights to pursue the matter with the Ombudsman.
  • The FSP must advise the client that he has 6 months to pursue matters with the Ombudsman and provide the necessary contact details.

Lodging a Complaint

The complaint should be lodged in writing to either the staff concerned or our compliance officer, by postal or electronic communication.
Postal Address: PO Box 1253, Fairland, 2030;
Email address: omega@omegacapital.co.za
Compliance Officer Details:
Name: Dale Nussey
Telephone number: 011 322 47525

Should a complaint not be resolved to the client’s satisfaction, such complaint may be sent to the Office of the Ombudsman for Financial Services Providers:

Details of the Ombudsman:

Name: Ms Nolumtu Bam
Postal Address:
The Financial Services Board
PO Box 35655
Menlo Park
Pretoria
0102
Telephone Number: 0860 662 837

Kindly note that, if you wish to lodge a complaint with the FAIS Ombudsman against Omega Capital (Pty) Ltd or its representatives, you will need to show the Ombudsman that you have already attempted to resolve the matter directly with Omega Capital.

Conflict of Interest Statement

We are proud that Omega Capital and its employees have no material conflicting interests. Clients can therefore be rest assured that their interests are fully served and prioritised.