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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1292
Experience:  BCom; LLB; Masters in Law
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Shaie Zindel, i have just been debarred by my previous

Customer Question

Good afternoon Shaie Zindel, i have just been debarred by my previous employee, PSG Insure, for a breach of contract in which i wrote 9 clients who approached me due to the fact that they were unhappy with the advice received from the new broker in my old job. I was not given an opportunity to respond, the FSB simply added my name to the register and debarred me for a period of 12 months. i have so far served two weeks of my sentence. I am also the sole breadwinner in my family, have twins studying at the University of Pretoria and now have no income and no employment. In closing i have been a short term broker for 23 years and have never had any incidents at all. I have been advised that it could take more than 12 months to challenge the debarment in the high court, besides the cost factor. Please can you tell me what i should do - do i have any recourse at all?
Thank you.
Gary Botha.
Submitted: 10 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 10 months ago.

Hi there Gary and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

In your question you seem to state that you were not advised of the process of debarment, or if you were you were not given the opportunity to reply.

Sections 13, 14 (1) and 14 A of the FIAS Act has direct application here, and can be found here.

I could explain the entire process here, or I can refer you to two articles that explain the process very well, and also includes a link to a high court case which is applicable. The first article is here, and the second here.

The case is also detailed here.

You should also have a look at the Promotion of Administrative Justice Act which holds that an individual is entitled to just and reasonable procedure. This means that the FSB's conduct in debarring you must have followed a just and reasonable procedure where you could place your evidence before them - prior to a decision being taken against you!

If you decide that you want to launch a high court application to challenge your debarment, you should engage the services of an attorney who will work as per the high court tariff of charges. That should assist in keeping your legal fees to a minimum.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 10 months ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?

Regards

CaseLaw