Any bank customer who has a complaint against his
or her bank may approach the OBS for assistance. The service is
free and the only requirements that must be met are that:
- The complaint must be within our jurisdiction - Click
here to read more.
- The customer must have followed the bank's complaint handling
procedures before approaching the scheme for assistance.
We resolve complaints by investigating matters according to the rules
of the scheme. If the matter has not been resolved by negotiation
after investigation, a formal decision may be taken. The decision
may be in the form of a determination that is binding
on the bank or a recommendation that is not.
A complainant is free to sue in court or enter into
any other dispute resolving process at any time while the complaint
is being dealt with by the scheme, provided he or she informs us
of this so that we can close the file. The scheme developed from
the Office of the Banking Ombudsman that was established in 1997.
Since 2000, the scheme has operated entirely independently of the
banks. The OBS is an independent and impartial
body that reports to the Board of the OBS, not
to the banks. We cannot make rules for the banking industry or deal
with policy issues, nor can we give general advice about banking
or financial matters. Commercial decisions taken by banks regarding
fees or the granting of credit are out of our jurisdiction unless
maladministration has occurred. As such we cannot assist you in
getting the bank to approve credit or alter your terms of repayment
on a loan. The scheme has several lawyers and ex-bankers on its
staff.
Legal structure of the scheme
The scheme is a section 21 company (Reg No: 2000/002577/08).
The Board of Directors
The governing structure of the OBS consists of a
Board of Directors, comprised four independent, non-bankers, three
representatives of the banks and an independent chairperson. The
function of the Board is to ensure that the OBS is financially sound,
to take decisions on how the OBS is to be financed and to consider
the annual budget. The Board ensures the independence of the OBS,
through the appointment of the OBS or acting OBS, the dismissal
of the OBS, the approval of changes to the Terms of Reference, considering
the Annual Report and to making recommendations to the Banking Association
South Africa on changes to the Code of Banking Practice.
Directors on the Board of the OBS
Independent
chairperson
Advocate John Myburgh SC (Profile)
Consumer/civil society/business representatives
Diane Terblanche
National Consumer Tribunal
Lesiba Jacob Mathekga
Business Development Director at NMG Consultants & Actuaries
Tanya Venter
CEO OF Tokiso Dispute Settlement (PTY) Ltd
Tefo Raditapole
Partner of Cheadle Thompson and Haysom attorneys, dispute resolution expert
Banking industry representatives
Bob Tucker
Standard Bank
Cas Coovadia (Profile)
Managing Director of the Banking Association, SA
Ina Steyn
ABSA General Manager: Group Customer Experience
Nicky Lala Mohan
General Manager - Banking Association SA
The Ombudsman
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Advocate Clive Pillay
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CLIVE PILLAY was appointed to the position of Ombudsman
for Banking Services in May 2007. He is a lawyer by training and was admitted to
practice in 1976. He holds 4 law degrees including two Masters' degrees; one in
Constitutional Law and one in International Law, respectively. He also holds Post
Graduate Diplomas in Advanced Banking Law, Alternative Dispute Resolution (cum laude)
and Compliance Management (cum laude).
During the period of 1999 to 2001, he served as a Judge
of the High Court of South Africa on numerous occasions. He has been to America as an
exchange student on a Comparative Law Program. He has lectured at the University of Port
Elizabeth and the Law Society's School for Legal Practice. During September 2005 he
addressed a United nations Office on Drugs and Crime Seminar in Addis Ababa, Ethiopia.
In 2008 he received the African Bankers prestigious
"Banking Adjudicator of the year" award for facilitating effective dispute
resolution for the South African banking public and for promoting banking industry
professionalism. In October 2009 he attended the World Bank and International Monetary
Fund general meetings in Istanbul, Turkey as an accredited representative.
In August 2010 he received the prestigious International
Star Quality Award in the Gold category in recognition of his efforts in promoting high
standards in the workplace through excellence and innovation.