National Credit Regulator (NCA Act)

As a South African Consumer,you have the right to:

• An understandable, credit agreement in plain language.

• A quote and pre-agreement statement, binding for five years.

• Advertising and marketing which contains all the information on the cost of credit.

• Limited credit sales whilst you are at work and home.

• Feedback as to why a credit application was unsuccessful.

• The regulation of automatic credit limit increases.

• The prohibition of reckless lending.

• Regulated fees and interest on all credit agreements, including microloans.

• Regulated Credit Bereaux and right to one free credit report per year.

• Assistance when overindebited, negotiate your credit provider or debt counsellor.

• Debt counselling to enable the restructuring of your debts.  

How to lodge a complaint?

Lodging an

1. Ordinary complaints about credit providers and bureaux send tocomplaints@ncr.org.za

2. Debt counselling related complaints send to dccomplaints@ncr.org.za 

3. For the complaints/commendations about poor/good service delivery by NCR personnel send to  service@ncr.org.za

Above extract from NCR.org.za

Ombudsman for Short-Term Insurance

The Office of the Ombudsman for Short-Term Insurance provides consumers with a free, efficient and fair dispute resolution mechanism. It offers consumers a “no risk” mechanism to resolve disputes with insurers. The Office can assist consumers with the following personal lines short-term insurance:

• Motor

• Houseowners (Buildings)

• Householders (Contents)

• Cell phone

• Travel

• Disability

• Credit protection insurance

• Commercial Insurance on a Limited basis, i.e. claimants such as small businesses, including a sole proprietor or trader, a juristic person, partnership or trust that has a turnover in the last financial year of less than R25 million. Claim disputes, which the Office can assist with, include fire and allied perils, glass, theft, motor, travel, sickness and accident and SASRIA claims (affiliated to the aforesaid covers).

The Ombudsman’s office provides a free

service to complainants whose claims have

been rejected or partially admitted.

Above extract from osti.co.za

Ombudsman for Long-term Insurance

• The function of the office is to mediate in disputes between subscribing members of the long-term insurance industry and policyholders regarding insurance contracts.

• It is an independent office which is accountable to an independent Long-term Ombudsman Council for providing an efficient and independent service to policyholders and others in response to disputes arising from long-term insurance policies.

• Policyholders who submit a complaint to the Ombudsman may still decide to follow the conventional civil justice process, although these two processes are not allowed to proceed simultaneously.

• The service is free to complainants.

• Industry subscribers are bound by the Ombudsman’s rulings. There is provision in the rules for an informal appeal process.

Above extract from ombud.co.za

Financial Services Board

The Financial Services Board is a unique independent institution established by statute to oversee the South African Non-Banking Financial Services Industry in the public interest

The FSB’ mission is to promote the:

• Fair treatment of consumers financial services and products;

• Financial soundness of financial institutions;

• Systemic stability of financial services industries; and

• The integrity of financial markets and institutions.

FSB is made up of various departments.

• Pension Fund - Registrar of Pension Fund and Friendly Societies

• FAIS - Registrar of FAIS 

• Insurance - Registrar of Short Term and Long Term Insurance 

• CIS - Registrar of CIS (Unit Trust) 

• Market Abuse 

• Actuarial 

• Legal and Policy 

• Communication and Liaison 

• Information Center 

• Consumer Education

Above extract from fsb.co.za

Ombud for Financial Services Providers (‘FAIS Ombud’)

The FAIS Ombud deals with complaints submitted to the Office by a specific client against a financial services provider. “Complaint” means a specific complaint relating to a financial service rendered by a financial services provider or a representative of such provider to the complainant. The complaint will be considered if it is alleged that the provider or representative:

• has contravened or failed to comply with a provision of the FAIS Act and that as a result thereof the complainant has suffered or is likely to suffer financial prejudice or damage;

• has wilfully or negligently rendered a financial service to the complainant and has caused prejudice or damage to the complainant or which is likely to result in such prejudice or damage; or

• has treated the complainant unfairly

The complaint must not constitute a monetary claim in excess of R800 000.00 unless the responding party has agreed in writing to this limitation being exceeded

Above extract from faisombud.co.za

National Consumer Commission (NCC)

The NCC is charged with the responsibility to enforce and carry out the functions assigned to it in terms of the Act. The Act seeks to promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection throughout the Republic of South Africa. It further seeks to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote responsible consumer behaviour and to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements.

The NCC is not permitted to conciliate or adjudicate on disputes between consumers and suppliers. Instead, it can only investigate complaints. However, it is not possible to investigate all complaints. It is for this reason that consumers are required to firstly attempt resolution of their disputes with suppliers. In the event the dispute is not resolved with the supplier, the NCC recommends that the consumer approach the Provincial Consumer Protection Authority in their respective provinces or the relevant industry ombud before approaching the NCC. The NCC is currently focusing on expanding alternate dispute resolution mechanisms with the support of industries, sectors and sub sectors throughout the Republic so as to ensure that consumers are able to obtain speedy settlement of their disputes with suppliers.

Above Extract from nccsa.org.za

Consumer Protection Act (CPA) - Law Society SA

What follows is a brief overview of the Consumer

Protection Act (CPA). You should not rely solely on

the content of this brochure, but rather seek the

advice of your attorney. The CPA covers numerous

other issues not mentioned in this summary.

The CPA establishes the National Consumer

Commission which enforces the provisions of

the CPA. 

Extract above from lssa.org.za