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Administrative Law [2012] ZAGPPHC 199

Risk and Another v Ombud for Financial Services and Others (38791/2011)

Risk and Another v Ombud for Financial Services and Others (38791/2011) [2012] ZAGPPHC 199 (7 September 2012)

The court held that section 27(3)(c) of the FAIS Act does not confer a right on applicants to demand referral of complaints to court, nor does it impose a duty on the Ombud to do so. The section grants the Ombud a discretionary power, which was properly exercised in this case. The applicants failed to exhaust internal remedies as required by section 39 of the FAIS Act and section 7(2) of PAJA, and did not demonstrate exceptional circumstances for exemption. The constitutional challenge to section 27(5)(a) was found to be unnecessary and poorly formulated, as the Ombud's process is consistent…

  • Financial Services Ombud
  • Internal Remedies Exhaustion
  • Constitutional Right Of Access To Court
  • Statutory Discretion
  • Judicial Review
  • Costs Award
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.