Where to go for community scheme disputes: CSOS or court? Pick your battleground

At the second CSOS Indaba held at Bolivia Lodge, Polokwane, STS Chief Legal Officer Fausto Di Palma explored a critical question: Should community scheme members take disputes to CSOS or the courts first?

1. CSOS as the first option: The Community Schemes Ombud Service (CSOS) is designed to offer accessible, cost-effective dispute resolution for community schemes, alleviating the need for expensive and lengthy court processes. CSOS adjudicators specialise in community scheme disputes, ensuring a more tailored and informed resolution process.
2. Reducing court pressure: Fausto highlighted how CSOS helps reduce the burden on the judiciary, allowing courts to focus on more urgent criminal and high-priority cases. The courts often refer community scheme disputes back to CSOS, further emphasising the importance of using CSOS first.
3. Legal precedents: Key cases like Manhattan Place confirm that CSOS should be the primary avenue for dispute resolution in community schemes. Courts have the discretion to handle such cases only in truly exceptional circumstances, making CSOS the default choice.
4. Exceptional circumstances: Fausto noted that while courts can sometimes be approached directly, this is rare and must be justified by exceptional circumstances. Most disputes should start at CSOS to avoid unnecessary costs and delays.

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