Why you may need an attorney when you approach a sector Ombud

Ombud schemes play an important role in South Africa’s dispute resolution system. They give consumers and businesses access to a more informal forum for complaints that may not need, or justify, immediate court action.

There are several sector-specific Ombud schemes in South Africa. For example; the National Financial Ombud deals with complaints relating to financial institutions; the Consumer Goods and Services Ombud deals with consumer goods and services complaints; and the Motor Industry Ombudsman deals with disputes in the automotive sector.

These schemes are designed to be accessible. In many cases, a person can lodge a complaint without an attorney. That is part of their value. A well-prepared complaint can help a consumer or business place the issue before the correct forum without the cost and formality of litigation.

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Accessible does not always mean simple

A complaint still needs to be clear, relevant and supported by the right documents. The Ombud must understand what happened, what was promised, what went wrong, what steps have already been taken and what outcome the complainant wants. A long submission is not necessarily a strong submission.  The key is to frame the complaint and the core issues in simple terms.

This has become more important with the rise of AI-assisted complaints. The National Financial Ombud has recently raised concerns about lengthy AI-generated submissions, including complaints that run to well over 100 pages and contain incorrect references or legal authorities that do not exist. Those submissions still must be read, checked and assessed before the real issue can be identified.

This is an early warning for all Ombud processes. Ombud schemes exist to make dispute resolution more accessible, focused and efficient. If complaints become unnecessarily long, repetitive or filled with unchecked AI-generated material, the process may become slower and more difficult for the very people it is designed to assist.

AI can still be useful. It can help a complainant organise a timeline, summarise events, identify missing documents and prepare a first draft. The better approach is to use AI for preparation, not as the final complaint.

A practical preparation note could include:

• A short timeline of events;
• The names of the parties involved;
• The complaint reference number with the business or institution;
• The documents that support the complaint;
• The outcome already offered, if any;
• The remedy being requested.

An attorney can then help refine the complaint before it is submitted. The attorney’s role is not to make the complaint longer or more aggressive. It is to identify the correct Ombud, test whether the complaint falls within that Ombud’s jurisdiction, remove irrelevant material, check the evidence and present the issue in a way that assists the decision-maker.

This is particularly important where the amount is significant, where the dispute affects a business, where there are parallel legal risks, or where prescription, contractual deadlines or regulatory processes may be relevant.

The best Ombud complaints are usually focused, factual and properly supported. AI may help with preparation, but legal advice based on real-world experience can help ensure that the complaint says what it needs to say, and no more.