New clarifications on appeals against CSOS Adjudication Orders

By now, we know that in terms of s 57(1) of the Community Schemes Ombud Service Act[1] (“the CSOS Act”), an applicant, the community scheme, or any affected person who is dissatisfied with an adjudication order of the CSOS may appeal to the High Court on a question of law only. In the recent case of Ncala v Park Avenue Body Corporate[2] (the Park Avenue case), the Johannesburg High Court (two judges presiding) handed down judgment on 9 May 2022, in which the court clarified a couple of important issues about appeals in terms of s 57 of the CSOS Act.

As an aside, the Park Avenue case also makes for interesting reading and consideration in that the appellant (the unit owner) who is visually impaired, was unsuccessful in his claims and allegations against the Body Corporate where he sought a declaratory order to the effect that the Body Corporate had infringed on his constitutional rights to dignity and equality. The unit owner was unsuccessful in his bid to have alterations made to an exclusive use area and argued that the Body Corporate’s refusal to permit the alterations infringed on his rights to dignity and equality as a disabled person. An analysis of these issues is a topic for another day.

For more detail on the impact that this case has on s 57 appeals to the High Court in terms of the CSOS Act, see the full article here.

FOOTNOTES

[1] Act 9 of 2011.

[2] (A3029/2019) ZAGPJHC (9 May 2022). This recent case is marked as reportable by the court, but has not yet found its way into the law reports or onto the SAFLII website, hence there is no law report citation at this time.