Background

The appointment of the arbitrators and mediators is taken from Chapter 4 of NEMA, which reads, "The Minister may create a panel or panels of persons from which appointment of facilitators and arbitrators in terms of this Act may be made, or contracts entered into in terms of this Act. The Directorate: Environment Sector Conflict and Dispute Resolution has advertised invitations of expressions of interest on the Sunday Times newspaper to invite  qualified mediators and arbitrators  to apply  to serve on the Panel of Mediators and Arbitrators in compliance with Section 21 (2) of NEMA Chapter 4.

Section 21 of NEMA Chapter 4 maintains that appointed members of the panel will provide facilitation, conciliation, arbitration or investigation services, and will not be in the fulltime employment of the Department Of Environmental Affairs.

Role of the arbitrators and mediators will be to oversee environmental disputes, and from the workshop the panels expressed the need to utilise a less uniform manner of dealing with environmental disputes. Speaking during the workshop, Mr Rashid Patel said, “Mediation and Arbitration have been based on a Western cultural belief system, and in South Africa’s diverse cultures it is important to approach cases taking cognizance of this diversity instead of using the clinical Western route.”

Arbitrators

George Georghiades (Post Graduate Diploma in Dispute Settlement, Diploma in Engineering Surveyor Civil, Certificate in Commercial Negotiation) 7 years in mediation industry. Mediator/Negotiation Specialist, experience in dealing with, and representing communal groups, Currently doing Masters in Conflict Transformation & Management

Godfrey Ganizani Mvuma (PhD Environmental Science) Experience in environmental mediations with DEAT. Extensive experience in environmental management both nationally and internationally.

Cecil Gelbart (BComm, LLM, Commercial Mediation) Experience in environmental dispute mediation in WC, and environmentally related litigations. Experience in mediating review applications and tender disputes.

Marthinus Christoffel Coetzer  (BProc, Postgraduate Diploma in Dispute Settlements, Commercial and Civil Mediators Accreditation) Experience (7 years) in mediating one on one and multi stakeholder environmental disputes.

Tanya Venter (BA, LLB, Commercial and Civil Mediator Accreditation) 15 years extensive experience as a mediator. Conducted dozens of mediations and facilitations in multi-party disputes, public policy dispute resolution, culturally diverse environments and complex negotiations in fields such as land, employment, community, commercial, transport and environment.

Stef Snel (Mediation qualification) 25 years’ experience as a mediator and facilitator. Extensive experience mediating multi-party, complex environmental disputes.

Sfiso Mbuyisa (MPhil Public Law, Mediators Accreditation) 15 years’ experience as a mediator. Extensive experience in multi-party mediations.

Nokukhanya Ntuli (LLB Hons, Mediation Qualification) Significant  (8 years) experience mediating multi party disputes. Experience in Conflict Resolution and Trained Mediator who has mediated commercial, employment and community disputes in South Africa, Rwanda and Uganda.

Willie Pienaar (Mediation Accreditation, LLB) 6 years’ experience as a mediator, Experience in environmental, multi-party disputes.

Roger Chennells (LLB, LLM, Mediator Accreditation, Mediator Trainer Accreditation) 22 years’ experience as a mediator specializing in environmental, community and development disputes. Experience in multi-party disputes.

Alfred Karel Blommaert (LLM, CEDR Accredited Mediator, Commercial Mediation Accreditation Programme, Arbitration Training Course) 400 cases as Arbitrator, Arbitrator Accreditation. Commercial Mediator Training.

Nana Makhubele (LLB, Trained mediator, a member of the Arbitration Foundation of Southern Africa (AFSA) Experience as a member of the Arbitration Foundation of Southern Africa. Experience litigating environmental cases. Trained mediator. I am a member of the Arbitration Foundation of Southern Africa.

Nontuthuzelo Faith Mlaba (LLB, CCMA Training) Extensive experience in arbitration and mediation of labor disputes. Experience in adjudicating over appeals against environmental authorizations

Stephen de la Harpe (LLB, LLD, Post graduate certificate in dispute resolution and mediation) 14 years’ experience as arbitration with some environmental arbitration experience. International Commercial Arbitration Accreditation.

Trevor Bailey (LLM (Alternate Dispute Resolution), Commercial Mediator Accreditation) Extensive experience as an environmental lawyer. Has secured hundreds of settlement agreements as a facilitator and mediator. Demonstrable experience in mediating in a multi-party context, situations that require extensive use of negotiation skills, public policy dispute resolution and mediating in culturally diverse circumstances.

Rashid Patel (Arbitration Training, BProc, Diploma in Applied Psychology) Extensive experience in arbitrating and mediating cases under the auspices of the CCMA and other bodies.

Tembeka Ngcukaitobi (BProc, LLB, LLM, London School of Economics and Political Science) A published Labour Law author with 14 experience in the law fraternity with experience as an Acting Judge in the Labour Court.

Omphemetse Mooki (LLB, MSc (Physiology) Practicing Lawyer for over 15 years.

Mabel Sesi Baloyi (BSc, MSc (Physiology), BProc, LLB)  Has been a practicing Lawyer for 14 years in the field of Competition, Labour, Public, Banking & Financial, Telecommunications & Broadcasting, utilizes & Project Financial and Eco-tourism law, and is a published author.

Anthea Platt (BComm, LLB, Diploma in Alternative Dispute Resolution). Has been a practicing advocate for 11 years and has served as a Small Claims Commissioner and is currently serving on the Minister of Justice’s Advisory Committee.