Dissatisfied with a CSOS Order? Should You Appeal or Review a CSOS Order

Dissatisfied with a CSOS Order?

Section 57 of the CSOS Act makes provision for appealing a CSOS adjudication order.

A CSOS adjudication order also falls squarely within the definition of administrative action as defined in the Promotion of Administrative Justice Act (“PAJA”) and therefore, can also be taken on review in terms of PAJA.

Section 57 of the CSOS Act - Appeal against CSOS Order

Any person who is dissatisfied by an adjudicator’s order may appeal to the High Court. However this appeal process is subject to some limitations which are, inter alia, as follows:

• the appeal can only pertain to a question of law; and

• the appeal against the order must be lodged within 30 days after the date of delivery of the order of the adjudicator.

PAJA - Review of CSOS Order

In terms of PAJA, there are a number of grounds upon which a person may institute proceedings in the High Court for the judicial review of a CSOS adjudication order. The PAJA grounds include, inter alia, where the:

• adjudicator was materially influenced by an error of law;

• adjudicator was biased or reasonably suspected of bias;

• adjudicator failed to take relevant and material considerations;

• decision of the adjudicator was not rationally connected to the information before the adjudicator;

• adjudication process was procedurally unfair; and

• adjudication order was unconstitutional or unlawful.

PAJA Review vs CSOS Appeal?

When deciding whether or not to take a CSOS decision on appeal or review there are a number of factors to be considered.

Firstly, the grounds upon which you wish to rely upon for bringing the review or appeal. Notably, a review in terms of PAJA extends to far more issues than an appeal in terms of section 57 of the CSOS Act.

Secondly, a review in terms of PAJA must be made within 180 days, as opposed to 30 days in the case of an appeal in terms of section 57 of the CSOS Act. By having more time to decide on whether or not to launch legal proceedings, this means that you will have more time to make an informed decision.

Both of these avenues require lodging an appeal or instituting review proceedings in a High Court of competent jurisdiction.

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