The purpose of the office of the banking adjudicator is to resolve complaints that consumers have against their banks.
The adjudicator is appointed by the Banking Adjudicator Commission, and not by the banks, and he reports to the commission and to a board representing various interest groups.
The services of the banking adjudicator are free of charge.
Who can complain
Individual customers or small businesses (including companies, close corporations, associations, partnerships or trusts) with a turnover for the past financial year of R3 million or less.
What you can complain about
Your complaint must:
- Be against a bank that is a member of the Banking Council, which includes all the major banks;
- Be against your own bank and its product or services;
- Be a claim involving an amount of R500 000 or less; and
- Concern maladministration on the part of the bank that has caused you loss, distress or inconvenience that is not of a trivial nature.
What you cannot complain about
You cannot complain about:
- The exercise by a bank of its commercial judgment or a decision under its lending policy, interest rates or charges, unless there has been maladministration;
- Matters that should be more appropriately dealt with in a court of law (for example, cases that hinge on many disputes of fact, or that need expert opinion to quantify the loss, or that relate to current court cases);
- Matters where you have started legal action against the bank; or
- Something that happened more than two years ago.
How to make a complaint
Firstly, you should take up the matter with your bank to give it an opportunity to resolve the problem. Make sure you get a complaint reference number from the bank.
If you are not satisfied with the outcome of the bank's attempt to resolve your complaint, approach the office of the banking adjudicator.
You will have to fill in a form to apply for assistance. The forms are available from the banking adjudicator's office, or you can fill in an online form on the adjudicator's website, www.oba.org.za. You can also obtain a form from most of the major banks.
You must quote the complaint reference number that you got from your bank on your application form to the adjudicator as well as an explanation in the appropriate section of the form. Include dates where possible and attach copies of relevant documents.
What the adjudicator can do
The adjudicator can:
- Mediate a dispute between you and your bank;
- Ask the bank to provide the adjudicator with information;
- Make a recommendation to your bank about how the matter should be settled, based on the Code of Banking Practice. The code includes the principles of fairness and reasonableness; or
- Make a ruling that is binding on your bank where both the facts and the law are reasonably clear.
How to contact the adjudicator
Share-call number: 0860 800900
Telephone: (011) 838 0035
Fax: (011) 838 0043
Postal address: PO Box 5728, Johannesburg, 2000
Street address: 3rd Floor, 17 Harrison Street, Johannesburg
Website: www.oba.org.za