This is the official Complaints Resolution Manual implemented for CAPITAL LEGACY SOLUTIONS (PTY) LTD. 

The Financial Advisory and Intermediary Services Act (FAIS Act) requires that a financial service provider (ie. our company) must maintain an internal complaints resolution system and procedure in the event that a customer complains about a financial service rendered by the financial services provider.Treating Customers Fairly (TCF) Outcome 6 provides that “Customers do not face unreasonable post-sale barriers imposed by firms to change product, switch providers, submit a claim or make a complaintThis document not only provides a complaints procedure in conformance with legislative expectations but it also explains the procedure should you wish to complain about any of the financial services rendered by our company, and sets out the process which our company will follow in order to resolve the complaint.


To deliver a consistent, high-quality and accountable response to complaints across  CAPITAL LEGACY.
To ensure that our complaints procedure is in line with the overall regulatory requirements and Treating Customer Fairly outcomes and industry ‘best practises’

Services Covered 

CAPITAL LEGACY  provides non-automated advice services in Category 1 Long-Term Insurance, therefore the scope of the resolution process will pertain to such services rendered. 

Document Control 

The Compliance Department will be responsible for updating the document.



Complaints Manager
Name: Natasha ThysseTel No:  +27 87 352 2848
Department: Life InfoFax: N/A


  1. “Complaint” means an expression of dissatisfaction by a complainant, relating to a product or service provided or offered by the financial services provider, or to an agreement with the financial services provider in respect of its products or services and indicating that –
  1. the financial services provider or its service provider has contravened or failed to comply with an agreement, a law, a rule, or a code of conduct which is binding on the financial services provider or to which it subscribes;
  2. the financial services provider or its service provider’s maladministration or wilful or negligent action or failure to act, has caused the complainant harm, prejudice, distress or substantial inconvenience; or
  3. the financial services provider or its service provider has treated the complainant unfairly. 

and regardless of whether such an expression of dissatisfaction is submitted together with or in relation to a customer query

  1. “Complainant” means a person who has submitted a specific complaint to the financial services provider or its service provider and who –
  1. is a customer or prospective customer of the financial services provider concerned and has
  2. a direct interest in the agreement, product or service to which the complaint relates; or
  3. has submitted the complaint on behalf of a person mentioned in (a),

provided that a prospective customer will only be regarded as a complainant to the extent that the complaint relates to the prospective customer’s dissatisfaction in relation to the application, approach, solicitation or advertising or marketing material contemplated in the definition of “prospective customer”

  1. “Customer” of a financial services provider means any user, former user or beneficiary of one or more of the financial products or services provided by the financial services provider, and their successors in title.
  1. “Customer Query” means a request to the financial services provider by or on behalf of a customer or prospective customer, for information regarding the financial  products, services or related processes, or to carry out a transaction or action in relation to any such product or service.
  1. “FAIS” means the Financial Advisory and Intermediary Services Act No. 37 of 2002 which was designed to protect customers of financial services providers; regulate the selling and advice-giving activities of FSP (FSPs); ensure that the consumers are provided with adequate information about the financial product they use and about the people and institutions who sell these financial products and establish a properly regulated financial services profession.
  1. “FAIS Ombud” the FAIS Ombud deals with complaints submitted to the Office by a specific customer against a financial services provider.
  1. “Financial Services Provider” means CAPITAL LEGACY SOLUTIONS (PTY) LTD with FSP No 43826 and place of business 1st Floor, Roland Garros, The Campus, 57 Sloane Street, Brysanston, 2129.
  1. “Prospective customer” of a financial services provider means a person who has applied to or otherwise approached the financial services provider in relation to becoming a customer of the financial services provider, or a person who has been solicited by the financial services provider to become a customer or has received marketing or advertising material in relation to the financial institution’s products or services.
  1. “Routine Complaints” is where a customer submits an expression of dissatisfaction together with a customer query or relating to a customer query and which further can be resolved internally within a period of 15 days. Routine complaints are therefore customer queries which have been escalated by the customer previously but now the customer has become dissatisfied with the process being followed to resolve the customer query.
  1. “Serious Complaints” are complaints that contravene regulatory requirements and are likely or may already have caused a customer to suffer financial prejudice.
  1. “Service provider” means another person with whom the financial services provider to whose products or services the complaint relates has an arrangement in relation to the marketing, distribution, administration or provision of such products or services, regardless of whether or not such other person is the agent of the financial services provider.
  1. “Resolved” in relation to a complaint means that the complaint has been finalised in such a manner that the complainant has explicitly accepted that the matter is fully resolved or that it is reasonable for the financial services provider to assume that the complainant has so accepted. A complaint should only be regarded as resolved once any and all undertakings made by the financial services provider to resolve the complaint have been met.
  1. “TCF” Treating Customers Fairly is an outcomes based regulatory and supervisory approach designed to ensure that specific, clearly articulated fairness outcomes for financial services customers are delivered by regulated financial service providers (FSPs). FSPs are expected to demonstrate that they deliver the required 6 TCF Outcomes to their customers throughout the product life cycle, from product design and promotion, through advice and servicing, to complaints and claims handling – and throughout the product value chain.

Process Overview

The following key steps must be followed for all customer complaints received by the staff of  CAPITAL LEGACY:

The requirement for each step is detailed below


  1. How to make a complaint?
  1. If you as a customer or prospective customer have a complaint against our company, it must be submitted to us in writing. It can be submitted either by hand, post, fax or email at the contact details that appear in this document.
  2. You should provide sufficient detail of the complaint including policy number details.
  3. We will keep a record of the complaint, and maintain such record for 5 years as required by legislation.
  1. Who will handle your complaint?
  1. Once your complaint has been received it will be allocated to and dealt with by adequately trained staff.
  2. The person responsible for your complaint will furnish you with his/her contact details and the reference number of your complaint (if applicable).
  3.  The complaints manager  will have oversight over the complaints allocated to various personnel and you may direct any queries to the Complaints Department (Life Info)whose details are recorded in this document.
  1. Receive and classify
  1. We will ensure that all potential issues are captured and classified for escalation, review and action as required.
  2. Any complaint, issue or negative customer interaction must be reduced to writing and must be logged and classified for action.
  3. A third party acting on behalf of a complainant must deliver a certified or original consent or power of attorney to act on behalf of a complainant. Should such third party fail to deliver a consent or power of attorney, no further dealings will be pursued with such third party until the proper authority is obtained. The complaint will however be taken up directly with the complainant on whose behalf the complaint is made.
  4. All complaints must be formally logged using the following system: email/letters/telephonic calls.
  1. Risk

All complaints will be prioritised as follows:

  1. Risk 1 – routine complaints, potential low business impact. This requires a response to the customer within 15 working days. 
  1. Risk 2- urgent, serious business impact. This requires a response to the customer within 5-10 working days. 
  1. Risk 3 – urgent official complaints received from regulators e.g. FAIS Ombud. The regulator usually stipulates a response time of 30 days from receipt of the complaint.
  1. Categorisation:

TCF Outcome 4 – These are complaints which relate to the advice given to a customer by an advisor which was misleading, inappropriate and/or tainted with conflicts of interest.

  1. Acknowledge
  1. All complaints must be acknowledged within 24 hours of receipt.
  2. Where an acknowledgement is made telephonically it will be followed up with a written response whether by sms or email.
  1. Investigate
  1. The investigation will be driven by analysing the root cause of the complaint to enable the complaint to be appropriately dealt with and to avoid, if possible, its reoccurrence.
  2. This may require that both internal and external key facts are identified and clarified.
  3. Should a complaint relate to product features or services handled solely by a product supplier, this matter will be escalated and appropriately dealt with in conjunction with the product supplier, ensuring that the matter is resolved to the satisfaction of the complainant.
  1. All areas of interaction and communication will be documented and where appropriate, consent obtained from the complainant to ensure that no personal information is divulged or processed without the complainant’s knowledge or consent.
  2. During the investigation process the complainant will be kept appropriately updated of the progress of the investigation.
  1. Resolve and confirm
  1. Ensure that the proposed resolution meets Treating Customer Fairly Outcomes, does not prejudice the financial services provider or complainant and does not involve any unnecessary legal or financial implications.
  2. The proposed action will be documented and discussed and agreed upon with the Complaints Manager and/or affected Key Individual and Representative.
  3. The signed off resolution will then be discussed and reviewed with the complainant to ensure fairness and clarity and to further ensure that the resolution deals with the root cause of the complaint.
  4. The review should include recognition and documentation of any underlying issues that have contributed to the complaint and recommendations for actions to prevent further occurrence. 
  1. Respond to Customer
  1. The details of the findings and proposed resolution should be clearly explained (in written or verbal form as appropriate) to the customer- within the agreed timescales.
  2. Where a complaint cannot be addressed within three weeks by the financial services provider, it must as soon as reasonably possible after receipt of the complaint send to the complainant a written acknowledgment of the complaint with contact references of the FAIS Ombud.
  1. If within six weeks of receipt of a complaint CAPITAL LEGACY has been unable to resolve the complaint to the satisfaction of a complainant, the complainant may:
  1. Follow up and Review
  1. Complaints will be diarised to ensure it remains within the appropriate turnaround times. 
  2. Should a complaint exceed the turn-around time due to unforeseen and reasonable circumstances, the complainant will be kept appropriately informed of the reasons for the delay and a speedy resolve will continuously be sought.
  3. A complainant will be kept appropriately informed throughout the complaints process of the resolution being sought.
  4. Upon resolution of the complaint another follow-up will be conducted to ascertain whether the customer was satisfied with the complaints handling process and the resolution sought and whether the resolution was proper and fair.
  5. Any negative responses will be actioned in the quarterly review of complaints.
  1. Quality Assurance and Close
  1. The complaints manager will ensure that all employees of CAPITAL LEGACY have access to the complaints resolution manual.
  2. Customers will be made aware of the complaints resolution manual and will have access to the manual upon request.
  3. All complaints will be reviewed quarterly and would be further utilised as TCF Management Information utilised to improve overall TCF outcomes.
  4.     All complaints will be actioned with the aim of preventing reoccurrence, where feasible.



Post: Private Bag X3, Bryanston, 2021
Online submission:
Telephone: 087 382 2800


Post: PO Box 786015, Sandton, 2146
Telephone: 011 669 1000