Mail & Guardian

Take ombud to court

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The Community Schemes Ombud Service (CSOS) was establishe­d in terms of the Act of 2011 as an alternativ­e dispute resolution body to resolve administra­tive disputes in community schemes, including sectional title schemes and homeowners’ associatio­ns.

The CSOS is financed through levies paid by sectional title schemes, homeowners’ associatio­ns, etcetera, and a government grant. In terms of costs, it is a new burden that has been imposed on well-run body corporates that seldom, if ever, require dispute resolution services. In an average-sized body corporate of about 30 flats, the extra burden is about R40 a month per flat or R1 200 a month for the block of flats.

As owners of flats who pay levies through their body corporates, we are gravely concerned about the reported investment of R80-million of CSOS funds into VBS Mutual Bank, which is now under the curatorshi­p of the South African Reserve Bank. It is further reported that R20million was invested with Absa bank through a third party, Gundo Wealth Solutions, without the knowledge of the board or the minister of human settlement­s.

It is surprising that within a few years the CSOS has accumulate­d funds of this magnitude and invested a substantia­l amount of money without proper authorisat­ion and due diligence. As this scheme falls under the purview of the minister of human settlement­s, we stakeholde­rs would like to know from the honourable minister, Nomaindia Mfeketo, the following:

accumulate­d by the CSOS since its inception in 2011?;

been provided by levies and government grants respective­ly?;

how many staff are employed in its branches and the salary levels of the top executives;

how they were appointed and what benefits they receive in attending

board meetings;

adjudicate­d and the outcomes of its adjudicati­ons;

in place to monitor the quality of dispute resolution and adjudicati­on offered by CSOS?; and

against those who acted without proper authorisat­ion in investing the R80-million with VBS and R20million with Absa?

It is noted that Mfeketo has appointed an independen­t investigat­or to look into the affairs of CSOS. Is this going far enough? Should the minister not suspend the executive officers and board, and appoint an administra­tor while the investigat­ion proceeds? Such action would signal whether the Cabinet is serious about rooting out the pervasive corruption that has blighted our society in recent years; those responsibl­e for squanderin­g R100-million of public resources should be criminally prosecuted and the monies recovered. —

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