Introduction
 
 
 

The Office of the Banking Adjudicator (OBA) was established in 2002, on the initiative of commercial and merchant banks, the first voluntary scheme in the banking sector in Botswana. The office is an independent body, which exist to resolve legitimate complaints between you and your bank.

We investigate complaints about banking services supplied by member banks of the Bankers' Association of Botswana. Our service is free, fair, accessible, efficient and informal.

The Banking Adjudicator acts independently, impartially and objectively in resolving disputes and can not be influenced by anybody in making decisions. All complaints receive the highest priority, and handled confidentially and sensitively.

He/She enjoys security of tenure and can only be dismissed on the grounds of incompetence, gross misconduct, or inability to effectively carry out his duties. He/ She may not be dismissed for being unpopular with the banks or any consumer grouping.

Banks must comply with awards of compensation made by this office.

 
Terms of Reference
 


The Banking Adjudicator's Terms Of Reference have been adopted from the Bankers' Association Of Botswana Bankers' Code Of Conduct of 2002 (copies of which are available from their banks. The Terms Of Reference define the obligations, duties and powers of the adjudicator and the member banks.

Operational Procedures
 

The operational procedures define the manner in which these powers and duties are to be exercised and fulfilled.
 
Powers and Duties of the Banking adjudicator
 

The Banking Adjudicator's principal powers and duties are to consider disputes within these Terms Of Reference and to facilitate the satisfaction, settlement or resolution of such disputes whether by agreement, by making recommendation or determinations or by such other means as seen expedient.

Resolves disputes using the criterion of (i) the law; (ii) good banking practise (iii) Bankers' Code Of Conduct (iv) banking practise in other jurisdictions; (v) fairness in all the circumstances.


It is not the function of the Banking Adjudicator to provide general information about the banking industry, bank services or bank policy or procedures. Your bank probably has a customer care line to deal with these matters.

The Banking Adjudicator may not be subpoenaed to testify in court by either of the parties to a dispute considered by the Banking Adjudicator.


 
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