Chairperson, hon Ministers and Deputy Ministers, and hon members, thank you for allowing me to participate in this debate on the Community Schemes Ombud Service Bill. Community schemes bring together people from diverse backgrounds, age groups, interests and philosophies. Their objective is ownership of a unit in a community scheme in which they live and share common facilities in designated common use areas. Integrating such diverse backgrounds into a stable and successful scheme presents many challenges.
The creation of an independent body in the form of the Community Schemes Ombud Service, tasked with facilitating and arranging both simple and inexpensive recourse in the handling of disputes is necessary. The board will ensure independence, fairness and impartiality, and promote uniformity and consistency in the handling of disputes.
Considering the fact that the vast majority of new South African housing is coming onto the market in the form of one or other type of community scheme, the people need more protection against unscrupulous developers, investors, absent landlords and managing agents. The committee was passionate that this Bill should address all the challenges that currently exist. The various sections were therefore scrutinised closely and debated intensely.
We expressed concern about the original omission of housing co-operatives from the definition of the community scheme, whereupon it was agreed that "housing co-operatives", as contemplated in the Co-operatives Act, Act 14 of 2005, and the "scheme" have the same meaning.
We also debated the conciliatory role, a significant one, in dispute resolution and the fact that it must be identified alongside adjudicators in clause 4. It was agreed that clause 4(b) should be amended to contain wording relating to training of conciliators, adjudicators and other employees of the service.
We therefore noted the need to cater for criminal liability for breaches of clause 11. This was done by amending clause 34, with the addition of the new subsection which reads as follows: 4. (1) The Service must -
a) develop and provide a dispute resolution service in terms of this Act;
b) provide training for ... adjudicators and other employees of the service;
c) ... monitor and control the quality of all sectional titles ... and other such scheme governance documentation as may be determined by the Minister by notice in the Gazette; and d) take custody of, preserve and provide public access ... to sectional title ... and such other scheme governance documents as may be determined by the Minister ...
2) In performing its functions, the Service -
a) must promote good governance of community schemes;
b) must provide education, information, documentation and such services as may be required to raise awareness to owners, occupiers, executive committees and other persons or entities who have rights and obligations in community schemes ... ; In addition, this information needs to be given to members of the public, with regard to rights and obligations existing in community schemes. Furthermore, the service -
c) must monitor community scheme governance; and
d) may generally, deal with any such matters as may be necessary to give effect to the objectives of this Act.
As far as the funding of the ombud service is concerned, it is noted that government assistance will be required for the first three years after its establishment. The members of the committee had a discussion on the matter, and we agreed that the team - the Minister and the Ministry as a whole - would look at the matter and make proposals that would assist us to ensure that after three years we would be allowed as members of the House to sit down and look at the matter and then take a final decision.
The committee as a whole debated this matter and agreed that some of the matters that have been raised in both sectional schemes and the ombud service are interrelated. They are working together to build a team. There is agreement in the committee that the whole issue must be addressed by the Ministry to ensure that there is proper running of the scheme in our country, because there are a lot of members of our communities who will always occupy these sectional titles and who are also working together to ensure that they improve the quality of life of the people.
The ANC is happy with the discussion and elaboration in the committee, and we have agreed that we support the Bill as proposed and amended by the committee of this House. Thank you very much. [Applause.]