The Mukuru Group Complaints Policy

Mukuru Group entities (hereafter referred to together as “Mukuru” or “the Mukuru Group”:

1. INTRODUCTION
   1. This Complaints Policy applies to the Mukuru Group as amended from time to time.
   2. The Mukuru Group (“Mukuru”) aim to provide highly professional, world class services to all our customers.
   3. Unfortunately, there will be times when our customers are not absolutely satisfied with the service provided and any complaints which they may raise as a result must be resolved quickly, efficiently and in line with current legislation.
2. PURPOSE OF POLICY
   1. Mukuru must establish, maintain and operate an adequate and effective complaints management framework, in order to ensure the effective resolution of complaints and the fair treatment of complainants.
   2. In order to achieve the abovementioned, the Mukuru Group has adopted a complaints policy which outlines its commitment towards the fair, transparent and effective resolution of complaints. Mukuru will also ensure that the Complaints Management Framework is regularly reviewed in order to ensure the effectiveness of same.
3. DEFINITIONS
   1. Complaint: Complaint means an expression of dissatisfaction by a Mukuru customer to Mukuru or, to the knowledge of Mukuru, to Mukuru’s service supplier relating to a financial product or financial service provided or offered by that provider which indicates or alleges, regardless of whether such an expression of dissatisfaction is submitted together with or in relation to a customer query, that –
      1. Mukuru or its service supplier has contravened or failed to comply with an agreement, a law, a rule, or a code of conduct which is binding on Mukuru or to which it subscribes;
      2. Mukuru or its service supplier’s maladministration or wilful or negligent action or failure to act, has caused the Mukuru customer harm, prejudice, distress or substantial inconvenience; or
      3. Mukuru or its service supplier has treated the Mukuru customer unfairly;
   2. Complainant: Complainant means a person who submits a complaint and includes a –
      1. Mukuru customer; or
      2. person whose dissatisfaction relates to the approach, solicitation marketing or advertising material or an advertisement in respect of a financial product, financial service or related service of Mukuru, who has a direct interest in the agreement, financial product or financial service to which the complaint relates, or a person acting on behalf of a person referred to in 3.2.1 or 3.2.2;
   3. Compensation payment: Compensation payment means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of Mukuru to a Complainant to compensate the Complainant for a proven or estimated financial loss incurred as a result of Mukuru’s contravention, non-compliance, action, failure to act, or unfair treatment forming the basis of the complaint, where Mukuru accepts liability for having caused the loss concerned, but excludes any –
      1. goodwill payment;
      2. payment contractually due to the Complainant in terms of the financial product or financial service concerned; or
      3. refund of an amount paid by or on behalf of the Complainant to Mukuru where such payment was not contractually due;
      4. and includes any interest on late payment of any amount referred to in 3.3.2 or 3.3.3;
   4. Goodwill payment: Goodwill payment means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of Mukuru to a Complainant as an expression of goodwill aimed at resolving a Complaint, where Mukuru does not accept liability for any financial loss to the Complainant as a result of the matter complained about.
   5. Rejected: Rejected in relation to a Complaint means that a Complaint has not been Upheld and Mukuru regards the Complaint as finalised after advising the Complainant that it does not intend to take any further action to resolve the Complaint and includes Complaints regarded by Mukuru as unjustified or invalid, or where the Complainant does not accept or respond to Mukuru’s proposals to resolve the Complaint.
   6. Reportable Complaint: Reportable complaint means any Complaint that becomes reportable to the Central Bank or applicable Regulatory Body and/or Regulatory Authority of the applicable jurisdiction as set out in applicable legislation and/or regulations.
   7. Upheld: Upheld means that a Complaint has been finalised wholly or partially in favour of the Complainant and that–
      1. the Complainant has explicitly accepted that the matter is fully resolved; or
      2. it is reasonable for Mukuru to assume that the Complainant has so accepted; and
      3. all undertakings made by Mukuru to resolve the Complaint have been met or the Complainant has explicitly indicated its satisfaction with any arrangements to ensure such undertakings will be met by Mukuru within a time acceptable to the Complainant.
   8. Internal Complaints Review and Escalation Process: Internal Complaints Review and Escalation Process means procedures established and maintained by Mukuru for the resolution of Complaints lodged against Mukuru by Complainants.
   9. Complaint Dispute Facilitator: Complaint Dispute Facilitator refers to an impartial functionary within Mukuru, or who has been appointed by Mukuru, to manage the internal complaints review process.
4. ESTABLISHING A COMPLAINTS MANAGEMENT FRAMEWORK
   1. Mukuru is committed towards rendering financial or related services with the proper due skill, care and diligence and in the best interests of its customers.
   2. Despite the Mukuru’s high service standards there may be instances where a customer nevertheless prefers to submit a formal complaint against Mukuru. In such instances Mukuru will follow the complaints management framework as outlined below.
   3. Mukuru is committed towards a transparent and accessible complaints resolution process that is fair to all parties involved. In order to achieve these outcomes, Mukuru undertakes to comply as set out in clause 4.4 to 4.17 below.
   4. The Mukuru’s complaints management framework incorporates the following features, which the organisation is committed to enforcing at all times:
      1. Relevant objectives, key principles and the proper allocation of responsibilities for dealing with complaints across the business of the organisation;
      2. Appropriate performance standards and remuneration and reward strategies in order for complaints management to ensure objectivity and impartiality;
      3. Documented procedures for the appropriate management and categorisation of Complaints (where applicable) which include expected timeframes and provides for circumstances under which these timeframes may be extended;
      4. Documented procedures which clearly define the monitoring, oversight and review processes within the complaints management framework;
      5. Appropriate complaint record keeping, monitoring and analysis of complaints, and reporting to executive management and/or the board of directors on identified risks, trends and action taken in response thereto and the effectiveness and outcomes of the complaints management framework.
      6. Appropriate engagement between the organisation and the relevant Ombud;
      7. Compliance with requirements for reporting to the Regulator;
      8. Mukuru will regularly monitor the complaints management framework;
      9. Mukuru will resolve customer Complaints by means of a practical resolution process that is managed effectively;
      10. Mukuru will train and empower all relevant staff members in order to facilitate and resolve Complaints impartially;
      11. Mukuru will deal with Complaints in a timely and fair manner, with each Compliant receiving proper due consideration;
      12. Mukuru will take the necessary steps to investigate and respond promptly to a Complainant;
      13. Where the Complaint is resolved in favour of the Complainant, the organisation will offer the appropriate level of redress to the Complainant without undue delay;
      14. Mukuru will maintain a record of all Complaints for a period of at least 5 years together with an indication of whether or not the Complaint has been resolved;
      15. Mukuru will investigate, and where necessary, take appropriate action in order to avoid and prevent similar circumstances which gave rise to the Complaint;
      16. Mukuru will ensure the recording of Complaints and complaints-related information in an accurate, efficient and secure manner, and will establish and maintain appropriate processes for reporting of Complaints related information to its governing body;
      17. Mukuru is committed to ensuring that its complaints processes and procedures are transparent, visible, and accessible through channels that are appropriate to the organisation’s customers.
   5. ALLOCATION OF RESPONSIBILITIES
      1. The board of directors of the organisation is responsible for effective complaints management.
      2. The board of directors will therefore oversee and approve the effectiveness and implementation of the organisation’s complaints management framework.
      3. The internal complaint review and escalation process may be delegated to the Complaint Dispute Facilitator, and any queries relating to the aforementioned process must be directed to same.
   6. RESPONSIBLE AND ADEQUATE DECISION-MAKING
      1. Any person in the organisation that is responsible for making decisions or recommendations in respect of Complaints generally or a specific complaint must –
         1. be adequately trained;
         2. have an appropriate mix of experience, knowledge and skills in complaints handling, fair treatment of customers, the subject matter of the complaints concerned and relevant legal and regulatory matters;
         3. not be subject to a conflict of interest; and
         4. be adequately impowered to make impartial decisions or recommendations
   7. CATEGORISATION OF COMPLAINTS
      1. The organisation will categorise (if applicable), record and report on Reportable Complains.
   8. INTERNAL COMPLAINT ESCALATION AND REVIEW PROCESS
      1. Through the adoption of this policy, Mukuru establishes an appropriate internal complaints review, and where necessary, escalation process.
      2. Mukuru is committed to ensuring that the procedures within the complaints escalation and review process is not overly complicated and does not impose unduly burdensome paperwork or other administrative requirements on Complainants.
      3. The internal complaint escalation and review process –
         1. follows a balanced approach, which bears in mind the legitimate interests of all parties involved, including the fair treatment of Complainants;
         2. provides for the internal escalation of complex or unusual Complaints at the request of the initial complaint handler;
         3. provides for Complainants to escalate complaints not resolved to their satisfaction;
         4. as specified previously, is allocated to the Complaint Dispute Facilitator, who is an impartial functionary within the organisation, and is appointed by the organisation in order to manage the internal escalation and review process.
   9. DECISIONS RELATING TO COMPLAINTS
      1. Where a Complaint is Upheld, any commitment by Mukuru to make a Compensation payment, Goodwill payment or to take any other action, must at all times be carried out without undue delay and within the agreed timeframes.
      2. Where a Complaint is Rejected, Mukuru will provide the Complainant with clear and adequate reasons for the decision and will also inform the Complainant of Mukuru’s escalation or review process. Mukuru will also inform the Complainant of any time limits relevant to the escalation or review process.
      3. Mukuru will clearly and transparently communicate the availability and contact details of the relevant Ombud to Complainants at the start of the relationship, and in relevant periodic communications.
   10. ENGAGEMENT WITH THE OMBUD AND REPORTING
       1. Mukuru is committed to transparent engagement with any relevant Ombud in relation to its complaints.
       2. Mukuru will maintain open and honest communication and co-operation between itself and any Ombud with which it deals.
       3. The organisation is also committed to resolving a complaint before a final determination or ruling is made by an Ombud, or through Mukuru’s internal escalation process, without impeding or unduly delaying a Complainant’s access to an Ombud.

NOTE: THE MUKURU GROUP RESERVES THE RIGHT TO AMEND, ADD TO OR ADAPT ANY PROVISION OF THIS POLICY.

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