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Complaints Resolution Policy and Procedure

A. Introduction

This document sets out the Complaints Resolution Policy and Procedure of Habilis Capital (Pty) Ltd (“Habilis Capital” or “the Company”).

This policy has been established in accordance with Part XI of the General Code of Conduct for Authorised Financial Services Providers and Representatives, issued under Board Notice 80 of 2003 and published in the Government Gazette on 8 August 2003, as amended from time to time.

The purpose of this policy is to ensure that all complaints are dealt with fairly, transparently, and without undue delay. Habilis Capital is committed to investigating complaints diligently and responding to complainants in a prompt and professional manner.


B. What Constitutes a Complaint?

The Financial Advisory and Intermediary Services Act, 2002 (“FAIS Act”) provides clients with a formal mechanism to raise concerns relating to financial services rendered by an authorised Financial Services Provider (“FSP”).

In terms of the FAIS Act, a complaint must relate to a financial service provided by an FSP or its representative/key individual to a complainant and must allege that the FSP or its representative/key individual:

  • Failed to comply with, or contravened, any provision of the FAIS Act, resulting in financial prejudice or potential financial prejudice to the complainant;

  • Rendered a financial service negligently or intentionally in a manner that caused, or may cause, financial loss or damage; or

  • Acted in a manner that was unfair or unreasonable towards the complainant.

Complaints relating solely to the investment performance of a financial product will not ordinarily qualify as complaints unless performance was expressly or implicitly guaranteed, or where the circumstances suggest possible misrepresentation, negligence, or maladministration.

For purposes of this policy, a complaint refers to any grievance relating to a financial service rendered by Habilis Capital or its representatives/key individuals on or after 1 October 2004, being the commencement date of the FAIS Act.

All employees are required to report complaints to the Company’s appointed Compliance Officer.

Compliance Officer Contact Details:
Independent Compliance Services (ICS)
Tel: +27 21 975 6597
Email: ics@complianceservices.co.za
 

C. Lodging a Complaint

Complaints may be submitted to Habilis Capital info@habiliscapital.com in writing via email or other appropriate communication channels.

Upon receipt of a complaint:

  • The complainant may be contacted to verify the details and obtain any additional relevant information.

  • The complaint will be formally recorded.

  • Relevant internal personnel will be notified.

  • The complaint will be categorised as either internal (capable of resolution within Habilis Capital) or external (requiring involvement of third parties).
     

D. Handling of Complaints

Internal Complaints

Internal complaints are those that can be addressed and resolved within the Company.

  • A responsible individual will be appointed to investigate the matter.

  • Once a proposed resolution has been reached, the complainant will be informed in writing or telephonically.

  • If the complainant accepts the resolution, the matter will be formally closed and documented.

  • If the complainant is not satisfied, the complaint will be reassessed and, where necessary, escalated for further review.

External Complaints

External complaints involve third parties and require their cooperation to resolve the matter.

  • The relevant third party will be notified promptly.

  • Habilis Capital will seek to resolve the issue at first engagement where possible.

  • If immediate resolution is not achievable, a reasonable timeframe will be agreed upon.

  • Once a proposed resolution is obtained, it will be reviewed internally and communicated to the complainant.

  • Should the complainant remain dissatisfied, further steps will be considered in line with regulatory requirements.

Where applicable, complainants will be advised of their right to refer the complaint to the Office of the FAIS Ombud should the matter remain unresolved after internal processes have been exhausted.
 

E. Monitoring and Reporting

All complaints and their outcomes will be recorded and retained in accordance with regulatory record-keeping requirements.

Habilis Capital monitors complaint trends and outcomes as part of its ongoing governance and risk management framework to ensure continuous improvement in client service and compliance standards.

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