Injustice

I live in a retirement village where I occupy a unit in terms of what is known as a life right. We pay for our services which are mostly enjoyed equally by way of a monthly levy. The levy is calculated in terms of what is known as a PQ formula. The result is that I , because I stay in one of the bigger units , at the moment subsidize the services enjoyed by the occupiers of smaller units by R10,000-00 + per year. In terms of section 39 ( 1 ) of the CSOS act someone in my position who has to pay an unreasonable levy, may apply to have the levy adjusted to a reasonable amount. I app**** for such an order. My application was opposed by the beneficiaries of this unfair system so there was an adjudication hearing. The KZN ombud , as I discovered subsequently appointed the adjudicator *******ly. In terms of section 48( 3 ) of the Act he had to provide the parties with a list of the available adjudicators. We then had to attempt to agree to the adjudicator of our choice . If we agreed that adjudicator had to be appointed. It was only if we could not agree that the ombud would have been entitled to appoint one of his choice . The one appointed by the ombud dismissed my application . The reasons advanced by him for the dismissal are , as far as I am concerned just *******. He committed procedural irregularities and misconstrued the relevant legal principles . In any event, because of his irregular appointment the outcome of the proceedings was a nullity and has no legal effect. When I discovered the irregularity I contacted the chief ombud as well as the KZN ombud and requested them to account for their irregular conduct and to rectify it, to no avail. Emails are not answered. I motivated my application by referring to a judgement by the Constitutional Court . The court ruled that it would not enforce unreasonable contracts. The occupier of the biggest unit in our complex will this year have to pay more than R57000-00 rand for services which all the residents enjoy equally. The occupiers of the smallest units pay just over R15000-00 per annum for the same services. Our Constitution guarantees equality. This is just about the worst example of inequality imaginable. It is legally and morally wrong, a situation brought about by poor service. An example of the incompetence is that a conciliator sent me an email telling me that I had to lodge an application for the adjustment of my levy to a reasonable amount in the constitutional court when there is an express provision in the CSOS act in terms of which such an application may be lodged with an ombud. The purpose of the Act is to provide for a simple , fast and cost effective procedure to resolve disputes of this nature. The purpose is clearly being defeated. We pay a monthly levy to finance the ombud. As far as I am concerned , it is money down the drain. My annual contribution towards the cost of services enjoyed equally is R42000-00+