Residents can bypass ombud and go straight to court - Supreme Court of Appeal rules

A landmark ruling in the Supreme Court of Appeal (SCA) has confirmed that homeowners, body corporates, and those in residential schemes can bypass the Community Schemes and Ombud Service (CSOS) and take their disputes directly to court. 

This decision provides much clarity after a lot of uncertainty around the laws, says Johlene Wasserman, Director of Community Schemes and Compliance at VDM Law. 

Previous rulings from the High Court set a precedent that disputes could only go to the High Court for resolution after the CSOS. 

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“[Only] in exceptional circumstances, you could go to the High Court,” she says. 

This new ruling gives litigants options when looking to handle disputes.

Wasserman explains that the CSOS has limited jurisdiction, and many matters fall outside its scope.

The ruling means that individuals can now decide whether to approach the CSOS or the courts, without fear of their case being dismissed.

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“You can now elect, without the fear of it being thrown out, in the Magistrate's Court or the High Court. With this landmark ruling, the judge or magistrate will hear your matter… and it doesn’t mean it will automatically go to the CSOS.” 

To listen to Wasserman in conversation with 702 and CapeTalk’s Africa Melane, click the audio player below: