Legal Disclosures

  • Conflict of Interest Management Policy: LUTHULI CAPITAL (Pty) Ltd has adopted and implemented a conflict of interest management policy that complies with the provisions of the FAIS Act. The conflict of interest management policy can be obtained from Luthuli Capital via email:
  • Indemnity Cover: LUTHULI CAPITAL (Pty) Ltd holds Professional Indemnity and Fidelity cover.
  • Waiver of Rights: As an authorised Financial Services Provider, we may not request or induce in any manner a Client to waive any right or benefit conferred on the Client by or in terms of any provision of the General Code of Conduct, or recognise, accept or act on any such waiver by a Client.
  • Financial Intelligence Centre Act (FICA): In terms of FICA, LUTHULI CAPITAL (Pty) Ltd is an accountable institution. We are required to identify our prospective clients, verify the given information and keep records of the verifying.
  • Complaints: The organisation 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 disclosure is to inform you of the procedure which will be followed in order to provide a resolution for the complaint which you have submitted.

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 endeavour 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 endeavour to address those complaints in writing, within seven (7) working days. In instances where the complaint relates to any matter that is not within our control, such as product information or investment performance, we will forward the complaint to the product supplier concerned. 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 (3) 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.
  • 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 five (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 seven (7) 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 seven (7) 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 Managing Director of our Business. The Managing Director 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 be taken.
  • If, after having referred the complaint to the Managing Director, you are still not satisfied with the outcome, we will regard the complaint as being unsatisfactorily resolved. In such a case, you may approach the office of the Ombud for Financial Services Providers or take such other steps as may be advised by your legal representatives.
  • The Ombud is appointed by the Financial Services Conduct Authority (the “FSCA”) to act as an adjudicator in disputes between clients and financial services providers. The referral to the offices of the Ombud must be done in accordance with the provisions of section 27 of the Financial Advisory and Intermediary Services Act 2002 and the rules promulgated in terms of that section.
  • In instances where we have not been able to arrive at a resolution within 6 (six) weeks after you have submitted your complaint, the matter will automatically be referred to the Ombud. The Ombud acts independently and objectively and has jurisdiction in respect of complaints relating to advice or intermediary services, which has arisen after 15 November 2002.
  • You must, if you wish to refer the matter to the Ombud, do so within six (6) 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.
  • The Ombud – Mr. Naresh Tulsie – may be contacted at his offices in Pretoria at the following address: · Physical Address: Kasteel Park Office Park, Orange Building, 2nd Floor, Corner of Nossob and Jochemus Street, Erasmuskloof, Pretoria
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