Complaints and Disputes (Part III) Flashcards
(8 cards)
In reaching a decision, may an ombud consult with any third party regarding any issue relating to the dispute?
Yes.
Does an ombud have the discretion to call upon any third party to participate in the dispute resolution proceedings?
Yes.
Is an ombud’s decision regarding a dispute final and binding on the party against whom the decision is made?
Yes.
In what circumstances is an ombud not obliged to provide a ruling on a dispute?
If the ombud is of the view that the dispute is of such a complex nature that it cannot be resolved expeditiously by
means of the dispute resolution process and can only be properly considered by a court of law.
Within what period must the party against whom the decision is made comply with a decision made by an ombud?
1 week.
What process will the JSE employ if a member against whom an ombud has made an adverse finding is unable to
satisfy its obligations, as provided for in the ombud’s decision, within the prescribed period?
- The JSE will consider the reasons for the member’s inability to satisfy the ombud’s decision and may declare the member in default.
- The claimant will be permitted to lodge a claim against the JSE Guarantee Fund for the fulfilment of the member’s obligations in terms of the ombud’s decision.
- The JSE will have a subsequent claim against the member for the amount of the member’s obligations to the claimant, as provided for in the ombud’s decision, which the JSE Guarantee Fund has satisfied.
Who is responsible for the costs of the proceedings and when must payment be made?
The parties to any dispute resolution proceeding are responsible for the costs of the proceedings and may be required
to pay to the JSE, before the proceedings commence.
Against whom may an ombud, as part of his award and as he deems appropriate in the circumstances, make an order
on costs for payment of all the costs of the proceeding?
The unsuccessful party.
