Dispute resolution process with the Ombudsman

Do you have an ongoing dispute in your community scheme that still isn't resolved? Have you thought about approaching the Ombudsman? If so, here is an outline of the resolution process if you wish to register a dispute.

Step 1: New Application 

The first step of the dispute resolution process includes receipt, registration and acknowledgement of a new application. All new applications must be captured on the Application for Dispute Resolution Form.

The Application for Dispute Resolution Form must be completed in full and all relevant information pertaining to the application must be recorded accurately to eliminate any ambiguity. 

Step 2: Assessment

Once registered, the application will be assessed to determine validity. 

There are grounds for which an application may be rejected by the CSOS for example:

1. The matter falls outside of the jurisdiction of the CSOS
2. Failure to exhaust the internal disputes mechanism processes that exist within the particular community scheme
3. Failure by the applicant to comply with the 14 day written request for further information
4. Another competent authority such as a court of law and/or tribunal can best deal with the matter
5. Application for waiver of adjudication fees is denied

Where there is no internal dispute resolution mechanism in a community scheme, applicants are entitled to approach the CSOS directly. 

Once it has been established that an application is valid and that the dispute is capable of being amicably resolved, the application will be set down for conciliation.

Step 3: Conciliation

At the conciliation stage, applications are categorised into:

1. Informal Type – quick telephone conciliation 
2. Formal Type - conciliation hearing 

All parties to a dispute participate in a conciliation hearing which is chaired by the CSOS Conciliator who is there to assist the parties in finding a resolution. 

If the matter is not resolved, the conciliator will issue a Notice of Non-Resolution and Referral to Adjudication.

Step 4: Investigation and Adjudication

Matters that are referred for adjudication will be subject to a thorough investigation prior to presentation at the adjudication hearing. 

The investigation process may include inter alia:

1. Requests for additional information and/or documentation
2. Requests for sworn statements or affidavits
3. Analysis of photo evidence
4. Conducting inspections in loco as per section 51 of the Act

At the adjudication hearing the Adjudicator will consider all the evidence presented and will hand down a determination which is binding on all parties to the dispute. 

Adjudicator orders are enforceable in the Magistrate Court or High Court depending on the quantum or nature of relief granted in the determination.