1. Purpose of this document
Mirabilis Engineering Underwriting Managers (Pty) Ltd is an authorised Financial Services Provider, and as such we have certain specific duties towards you – our valued client. One of these duties is the establishment of a formal complaint management and resolution framework, which will enable you to exercise your rights as provide for in the Financial Advisory and Intermediary Services Act. The purpose of this document is to inform you of the procedure which will be followed in order to provide a resolution for the complaint which you have submitted.
2. Complaint must be relevant
In terms of the FAIS Act, a “complaint” means, a specific complaint relating to a financial service rendered by
a financial services provider or representative to the complainant on or after the date of commencement of
this Act, and in which complaint it is alleged that the provider or representative –
- has contravened or failed to comply with a provision of this 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 which 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 financial services environment is complex. We will endeavor to address all reasonable requests from our clients, but may also refer you to a more appropriate facility. Where the complaint relates to any aspect of our service, or any disclosures that ought to be made by us, we will endeavor to address those complaints in writing, within seven working days. In instances where the complaint relates to any matter that is not within our control. Please be advised that we reserve the right to recover costs or damages that we may suffer as a result of clients making frivolous, vexatious or unreasonable claims.
Our internal complaints resolution process is intended to provide for the fair and effective resolution of
complaints. The time periods set out in this procedure will be adhered to as strictly as possible but may be
varied if necessary. The following step by step guideline sets out the procedures we will adopt and
demonstrates how a complaint will be dealt with, once received by us:
- Your complaint and all communications in connection with your complaint must be in writing. All verbal
communications made in connection with the complaint must be confirmed in writing within three days
of the communication.
- Please indicate the following information:
· Your name, surname and contact details;A complete description of your complaint and the date on which the financial service which led to your
complaint was rendered;
· The name of the person who furnished the financial advice or rendered the intermediary service that
led to your complaint; and
· How you would prefer to receive future communications regarding your complaint (i.e. via fax or email).
- The complaint will be entered into our Complaints Register on the same day that it is made and written
confirmation of receipt will be forwarded to you. We will keep record of the complaint, and maintain such
record for 5 years as required by legislation. Please take into consideration that the method of
communication chosen by you will determine how quickly we will respond to your complaint.
- The complaint will immediately be brought to the attention of the senior manager in charge of the
relevant department for allocation to a trained and skilled person who is able to properly respond to your
complaint (i.e. the Complaint Dispute Facilitator).
- The complaint will be investigated and we will revert to you with our preliminary findings within 7 (seven)
working days from the date of receipt of the complaint. In all instances we will advise you of the reasons
for our decisions.
- The preliminary findings will be discussed with all internal parties concerned, and a proposed solution will
be communicated to you within a further 7 (seven) working days. In all instances we will advise you of
the reasons for our decisions.
- If you are not satisfied with our solution, you may refer the complaint to the Chief Executive Officer of
our Business. The Chief Executive Officer may amend the solution or confirm it. Please be informed that
certain decisions may have to be approved by the management committee of the FSP. In such a case we
will communicate that fact to you, as well as the date on which a decision relating to your complaint will
- If, after having referred the complaint to the Chief Executive Officer, you are still not satisfied with the
outcome, we will regard the complaint as being unsatisfactorily resolved. In such a case, you may escalate
to the office of the Santam Internal Arbitrator. Referrals to the Santam Internal Arbitrator must be in
writing and addressed to the:
PO Box 3881
Fax Number: 021 915 7434
- The Santam Internal Arbitrator is appointed to act as an adjudicator in disputes between our clients and
ourselves.In instances where we have not been able to arrive at a resolution within 6 (six) weeks after you have
submitted your complaint, you may refer the matter to the Ombud for Short Term Insurance at:
P O Box 32334
Fax Number: 011 726 5501
Telephone Number: 011 726 8900 or 0860 72 68 90
- In cases where that office does not have jurisdiction to hear your matter, you may seek assistance from
the Office of the Statutory Ombud at:
P O Box 74571
Telephone Number: 012 762 5000
- You must, if you wish to refer the matter to the Ombud, do so within 6 (six) months from the date of the
notice in which we inform you that we are unable to resolve your complaint to your satisfaction. The
Ombud will not adjudicate in matters exceeding a value of R800 000.