The application of administrative law in community schemes in South Africa

Abstract

This study examines the shortcomings in the Community Schemes Ombud Services Act's implementation in South Africa to eradicating lawlessness. This revolutionary legislation aims to close the wealth gap between South Africans, particularly that racially categorised as black and white. Given the history of apartheid, it was inevitable that the transformation agenda of the new democracy would prioritize protecting senior citizens' human rights, addressing racial inequality and discrimination in public services, and taking steps to ensure that the rights of the elderly are respected and upheld. This legislation, an initiative of the democratic South Africa, was impacted by a comparative study that led to the creation of a hybrid system that includes regulatory functions under the Ombud's control and a dispute resolution mechanism. However, the system's implementation has had several flaws. This study employed a qualitative research design which included an examination of literature, particularly case law and recent developments in the development of the said legislation. Results include a thorough understanding of the administration and governance of schemes prior to the CSOS Act's promulgation, research conducted, new legislation and policy context post-CSOS, lessons learned about the implementation of ombud services in other nations, and the legal phenomenon of a ‘community scheme within a community scheme’, including its operational framework and legal basis, as well as regulatory decisions that adhere to administrative law. This study makes a contribution to literature that pertain to the less disadvantaged (black people) in especially rural communities in implementation of this law.