1. DEPARTMENT OF HUMAN SETTLEMENTS COMMUNITY SCHEMES OMBUDS SERVICE BILL, 2011 PRESENTATION TO SELECT COMMITTEE ON PUBLIC SERVICE

2. VISION OF THE DEPARTMENT OF HUMAN SETTLEMENTS
A nation housed within sustainable human settlements with access to the necessary socio-economic infrastructure

3. MISSION OF THE DEPARTMENT OF HUMAN SETTLEMENTS
To establish and facilitate a process that is sustainable and that provides access to affordable homes within the context of sustainable human settlements and economic opportunities for all

4. MODERN FORM OF OMBUDSMAN
Originated from Sweden in its modern form
Swedish King Charles XII went to self-exile in Turkey and learned about the concept of QaziUlQuzat (judges of judges) developed in the Islamic law
Returning to Sweden, he created the Office of the Supreme Ombudsman to make government administrators more accountable
In 1809, an Ombudsman was established in the Swedish Constitution – linked to Parliament and not the Executive to protect the rights of the people
Term Ombudsman means representative of the people

5. PHILOSOPHICAL UNDERPEANINGS
Establishment of a simple and inexpensive recourse
Ensure independence, fairness and impartiality
Promote uniformity and consistency in handling disputes
Remedy for the protection of the right to good administration

6. BACKGROUND
An ever-increasing proportion of housing is being developed in the form of ‘community schemes’ in which there is governance by the community involved, shared financial responsibility and land and/or facilities used in common.
Community schemes include sectional titles schemes, share block companies, homeowners associations and housing schemes for retired persons.

7. BACKGROUND (continued)
Because they involve control and administration of finances, facilities and behavior, community schemes give rise to problems and disputes amongst participants which require effective resolution.
Currently there is no effective and affordable dispute resolution mechanism available to parties involved in community schemes.
The Bill will establish the Community Scheme Ombud Service to address this need.

8. BACKGROUND (continued)
In particular, the Bill will:
establish the Community Scheme Ombud Service as a national public entity with executive authority vested in the Minister of Human Settlements; and
provide a framework for the avoidance and resolution of disputes in community schemes and the custody of community scheme governance documentation determined by the Minister of Human Settlements.

9. CONTENTS OF COMMUNITY OMBUD SERVICE BILL 2011
Bill deals with the following:
establishment of the Service;
its mandate and functions;
its governing board;
its CEO, Chief Ombuds and staff; and
funding.

10. Contents of the Bill continue
the procedure and scope of applications for relief made to the Service.
It regulates:
investigation of issues arising from applications for relief and the rights of parties to representation.

11. Contents of the Bill continue
It details:
the orders adjudicators may make in resolving community scheme disputes; and
the right of parties to appeal against orders.

12. Contents of the Bill continue
It deals with miscellaneous matters, including:
public access to information in regard to orders; and
levies payable by community schemes

13. KE A LEBOGA