GEORGE NEWS - The Arbitration Foundation of Southern Africa (Afsa) has launched a new branch that will serve the Southern Cape region. Afsa is a non-profit company, established in 1996, which provides arbitration and mediation services both nationally and internationally.
The board of directors of Afsa approved the initiative on Thursday 7 October. This was confirmed to the George Herald by Adv Jacques Malan, the manager of the Garden Route branch.
The formal launch took place last Wednesday, 30 October, in the form of an evening cocktail function held at the Protea Hotel by Marriot George King George. It was attended by representatives of the local municipalities, the local judiciary, local attorney firms and the Southern Cape Society of Advocates, as well as a number of other prominent members of the local legal fraternity.
The new initiative came about after discussions with a number of prominent attorneys in Plettenberg Bay, Knysna, George, Mossel Bay and Oudtshoorn who are involved in litigation and commercial work as well as members of the Southern Cape Society of Advocates to determine the need for, and viability of, providing administered arbitration and mediation services locally.
According to Malan their response was overwhelmingly positive and this sentiment was confirmed during subsequent discussions with other attorney firms, prominent members of the local legal fraternity and organised business.
The new branch will serve an area which approximates the jurisdictional area of the Eastern Circuit Court of the Cape High Court (formally described as the Eastern Circuit Local Division for the districts of Ladismith, Calitzdorp, Oudtshoorn, Mossel Bay, George, Knysna, Uniondale, Willowmore and Joubertina) and will also include Plettenberg Bay, Riversdale and Stilbaai.
The Garden Route branch of Afsa will be managed by Malan and a committee consisting of representatives of all stakeholders which include local attorney firms, the Southern Cape Society of Advocates and organised business.
The aim of the new branch is to provide properly administered and cost-effective arbitration and mediation services to the local community. These alternative dispute resolution mechanisms will be available not only to commercial litigants involved in disputes concerning relatively large amounts, but also to disputants that are party to matters of relatively smaller value. In terms of the Arbitration Act, 42 of 1965, only matrimonial causes or matters incidental thereto, and matters relating to status are excluded from arbitration. Mediation services will be provided not only for commercial disputes but also for family law matters.
• The formal launch of the new branch was preceded by an introductory training session, presented by Afsa's chairman, Adv Michael Kuper SC, for individuals interested in serving on the local branch's panel of arbitrators. It was attended by 53 delegates, including semi-retired senior advocates, members of the Southern Cape Society of Advocates and prominent attorney firms from the Southern Cape region, as well as other prominent members of the local legal fraternity. A number of retired judges will also serve on the panel.
On 31 October the information / training session for attorneys, aimed at familiarising attendees with the Afsa rules and procedures, the role of the Secretariat and what is to be expected of an arbitrator as well as identifying matters that are suitable for arbitration, was also very well attended.
According to Malan the establishment of the Garden Route branch of Afsa is an important milestone in realising the constitutional right of access to justice for local disputants in matters suitable for arbitration.
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