Winning at the Community Schemes Ombud Service is only half the job. If the owner ignores the adjudicator’s order, the scheme still has to turn that order into payment. Here is how that works.
An order for payment is enforceable like a court judgment
Section 56 of the Community Schemes Ombud Service Act 9 of 2011 provides that an adjudicator’s order for the payment of money may be enforced as if it were a judgment of the Magistrates’ Court. In practice, this means the scheme can use the same execution steps available to any judgment creditor.
Check whether an appeal is possible first
Under section 57 of the Act, a party may appeal to the High Court against an adjudication order, but only on a question of law and within 30 days of the order being delivered. Before enforcing, confirm whether the appeal period has expired and whether an appeal has been lodged.
The enforcement steps
- Demand compliance. Write to the owner with a copy of the order and a short deadline for payment.
- Prepare the order for enforcement. Obtain a certified copy of the order and take the steps needed for it to be enforced through the Magistrates’ Court.
- Warrant of execution. The sheriff can attach and sell the owner’s movable property to satisfy the debt.
- Attachment orders. Emoluments attachment orders against salary, or garnishee orders against money owed to the owner.
- Financial inquiry. Section 65 proceedings require the owner to disclose their financial position and make a payment offer under court supervision.
When the order is not for money
Many CSOS orders are not for payment: for example, orders to remove an unauthorised structure or to stop a nuisance. These cannot be executed in the same way, and enforcing them usually requires a further application to court. We advise schemes on the most efficient route for each type of order.
Plan for enforcement from the start
The best time to think about enforcement is when the CSOS application is drafted. Asking for the right relief, in clear terms, with the correct amounts, makes the eventual order far easier to enforce.
This article is general information, not legal advice. Contact us about your scheme’s circumstances.