Featured Mediator

Friends and Colleagues

I am proud to introduce David Sibsiso Mlangeni as this week’s featured mediator. He trained recently with ADR Network SA and has joined our panel. He is a vastly experienced and highly accomplished mediator, notably in Education and Land Claims. To use his services, please email him at david@adr-networksa.co.za.

Here is more about him:

DAVID SIBSISO MLANGENI

PROFILE / HISTORY

I am born in 1948, in the old Alexandria township and left for Diepkloof in Soweto in 1968. I studied at Botshabelo Training College and matriculated at a Lutheran Missionary in Middelburg (Mpumalanga).

Further education was done at the University of Zululand, where I completed a B. A. degree, majoring in Education, History and Political Science. Thereafter I completed a Secondary Teachers Diploma at the same institute.

I was actively involved in student politics and was a member of the SRC in 1994.

WORK EXPERIENCE

Worked as a teacher and within three years was promoted to the ranks of a High School Principal in 1978. Later in 1986 was seconded to a post as Lecturer at the Ndebele College of Education, teaching English (STD 111 & PTD 111 as well as Pedagogics.

Requested to take up a post as a school Inspector in 1988 and retired from teaching in 1988.

CAREER IN MEDIATION

At the University of Zululand I was Chairman of the disciplinary committee and it was that my skills of mediation was unveiled.

In the year 2001 I was requested by MTP (Mediation and Transformation Practices) on a part time basis resolving issues of unions in the Western Cape.

2008

MTP appointed me on a contractual basis doing mainly

  • The Extension of Security of Tenure for the Occupiers and Owners on the Tenure Act, 62 of 1997 dealing mostly with:
  • Rights of Owners and Occupiers
  • Rights of Occupiers
  • Rights of Owners
  • The rights of long term occupiers
  • How can Occupiers strengthen their land rights
  • Requirements for the Settlement
  • Ending and occupiers right of residence
  • Application for an eviction order
  • Restoration of residence and use of land
  • The courts and dealing with disputes

All the above was to restore the dignity of the farm worker on the farm and assist him/her to have permanent residence on the farm. I was based in Springbok in the Northern Cape but doing work in the Northern Cape and Free State, only with farm workers and the land owners.

Out of 100% of the cases on farm workers issues (occupiers) I had a 99.8% success rate, restoring dignity on the occupier (farm worker)

Contact: Rodney Dreyer

Franklin Farmer

Craig Arendse

CPA: COMMUNAL PROPERTY ASSOCIATION

Act no. 28 of 1996

MTP was awarded a tender with the Department of Rural Development & Land Reform to regularize all the 2500 CPA’s in the country.

Trained by MTP and was given up to 10 CPA’s to regularize and later it was increased to 15. Serious mediation and negotiation, lots of disputes in land management, financial management and disputes on leadership up to 2010 – 2011 with MTP and CPA’s. In 2011 a new company took over.

CHEADLE THOMPSON & HAYSOM Inc.

This company continued with the regularization of the CPA’s with a view to minimize their problems and make them functional. I am contacted up to now.

Disputes and litigation on land was very serious but mediation had to resolve both the CPA’s and Trusts, up to 2015

Contact: Ashraf Mahomed

Miriam Sirkhotte

  1. B. We are doing Land Rights Management Facility

Trained by: Claire Hock & Ashraf Mahomed

CONCLUSION:

Whatever disputes and conflicts are there, mediation has proven to be the best ammunition to assist in resolving such conflicts and disputes.”

Peace be with you.

Sheena

Ps. To feature in this section you must be registered with ADR Network SA on our panel. Get a mail through to panel@adr-networksa.co.za

June Mediator Training Dates

Holla

Please note that the published dates for our June 5 day Mediator Training were incorrect.

Training will run in Durban/Joburg and Cape Town from 22-26 June (not 20-24 June) 2015

Court Annexed Mediation will be covered on Thursday 25 June in each region

For registration forms please email training@adr-networksa.co.za

Peace

Sheena

0843773340

 

Featured Mediators

Our featured mediator section runs weekly on our blog and all social pages. To feature please email panel@adr-networksa.co.za

Previously featured mediators:

ROGER ADAMS has worked in Student Affairs for 25 years dealing mostly with Student Leaders in areas such as mentoring, training, mediation and team building.

He has served as the Chairperson of the UCT black staff association for five years. He has held membership of the Institutional Forum for Employment Equity at UCT previously. He has served in the national elected office of the South Africa Student Sports Union for 17 years-a period which incorporated a three year chairpersonship of USSA (University Sport SA)’s disciplinary committee

His qualifications include a BA in Physical Education, a BA Honours in Physical Education, a Higher Diploma in Education, a certificate in Sports Law Management and he is a trained and accredited mediator with ADR Network SA, currently registered on our panel

To get in touch with Roger to enquire about his mediation services, please email                  roger@adr-netowrksa.co.za

PAULA KENNEDY SMITH is a Hong Kong trained Lawyer with extensive experience in Litigation, mediation and arbitration in the UK, Hong Kong and SA.  She obtained her LLB in Hong Kong and was involved in extensive cross harbour tunnel arbitration in Hong Kong. She studied English at UNISA just for pleasure. Her areas of expertise in Alternative Dispute Resolution include commercial, business, community, family and workplace.

She is a trained an accredited ADR Network SA mediator and Arbitrator and has been a willing participant in our Access to Justice work in Cape Town, where she is based.

To get hold of Paula please email paula@adr-networksa.co.za

JOHANN DE WET is an attorney, construction specialist and trained and accredited mediator currently registered on our panel. He says:

I was born and raised in Randburg Gauteng ,one of five children .I am happily married to my soulmate and school love(loutjie) for the past  18 years and have three beautiful children .I am a family man.

“Blessed are the peacemakers for they shall be called the sons of God” I  grew up always trying to be a peacemaker ,needless to say that when I did my articles and practised at a litigation law firm in Johannesburg ,I was totally disillusioned with the aggressive nature of the litigation process. Law was not what I perceived it to be. I then moved to property development and residential construction .After a couple of years out of practise I met a person(Koos) who introduced me to Mediation and my whole being resonated with it. I searched and came into contact with Sheena, did the mediation course and after aligning myself with a couple of like-minded people formed a mediation group.

I believe if we can draft a group of people who are not only following the process of mediation but are mediators in heart and spirit we can change our country.”

Johann is Johannesburg-based. To get in touch with him, email johann@adr-networksa.co.za

 

HYPOLITE MANDLANKOSI NCGOBO is an ADR Network SA- trained mediator and arbitrator currently accredited and registered on the ADR Network SA panel. He is a vastly experienced and skilled ADR Practinier and he says “I was a Scholar at Unizulu (B Proc);Wits (PDM); Unisa(MEP) and Compuscan Academy(Debt Counselling),I am a Dispute Resolution Practitioner with offices in Durban, I was a Commissioner/Arbitrator at CCMA and most Bargaining Councils for the past 13 years and my overall experience in Dispute Resolution is about 26 years including working at the Industrial Court (now defunct). I therefore presently specialize in the following fields: Land mediations, Court annexed mediation; Divorce Mediation; Rental Disputes, Property sale, Debt Counselling, Labour Disputes, Consumer Disputes, Professional Organisation;ADR ADR Network South Africa, EAAB, SAAM, APSO”

You can get hold of Mr Nkosi by emailing mandla@adr-networksa.co.za

KHANYISO HOBOYI  is a South African Lawyer, Businessman, Politician and an ADR Network SA trained and accredited Mediator. He did his articles with Van Der Spuy & Vennote. He worked for Equal Education advocating for quality education in South Africa. He also worked for Khulumani Support Group for the apartheid victims. With Khulumani he worked on an international lawsuit where there was a litigation between Khulumani and  Ford, Daimler Chrysler, Ryn Metals, IBM, Barclays Bank and another. He is currently one of the Western Cape convenors of the Access to Justice Southern Africa &  a Panellist at ADR Network South Africa. He has committed extensive time to Pro Bono Access to Justice Work and has started to faciliate some of our training. When he is not working he enjoys spending time with family and friends ,going to gym, watching sports and studying. Khanyiso is Cape Town-based and can be reached at khanyiso@adr-networksa.co.za

LORNA BALIE is based in Cape Town and has completed her Bachelor’s Degree in PPE (Political Science, Philosophy and Economics) with an additional major of Applied English Language Study at the University of Stellenbosch. She has completed her Masters in Peace and Conflict Studies at the European Peace University in Austria. Her thesis focused on the impact of peace education on youth in South Africa. She has also been a participant in the Ashley Kriel Youth Leadership Development Project at the Institute for Justice and Reconciliation. She worked as an English foreign language teacher in South Korea for one year and a half and completed two internships. Her first internship was at Southern Hemisphere which focused on research, monitoring and evaluation and thereafter worked at the Institute for Justice and Reconciliation where she coordinated the research project on Everyday Peace Indicators for the South African case study.  She volunteers as a mediator for the Access to Justice Association of South Africa and the Alternative Dispute Resolution Network of South Africa. Lorna is enrolling as a doctoral student at the Centre for International Teacher Education. Her thesis is titled “The Role of Education in Contemporary Conceptualizations of Justice in South Africa and its Implications for Practice”. Her research will explore the relationship between inclusive education and restorative justice. She is currently the research officer for the research project which explores the role of teachers in peace-building within South Africa. She also dances for the Nations Band where they inspire people to worship God more in truth and freedom.

To get in contact with Lorna Yolande Balie​ in order to find out more about her mediator services, please send an email to lorna@adr-networksa.co.za

 

 

 

ARE WE PREPARED TO SUSPEND OUR SEARCH FOR THE LIGHT SWITCH? The “Being with” of Restorative Justice

“Receiving God’s Love is like breathing in. Responding to the suffering of others is like breathing out. If I do the one without the other, I will pass out”

-Living without Enemies

What does “I’m there for you” actually mean.
Living without enemies identifies four models of engagement:
Working for (the professional services model)
Working with (more of a partnership our joint venture model)
Being with (actually being present with those who suffer)
Being for (like academic models of advocacy, lobbying for change)
The being with model is the model with highest potential for trust. Being with the disadvantaged, injured, hurting or oppressed means experiencing in our own lives something of what it is to be disempowered, injured or oppressed. It means setting aside our own strategies and plans for change and simply feeling with the disadvantaged, injured or oppressed the pain of their situation. It involves seeing the implications poverty, injury and oppression has for people’s sense of themselves and their connections with one another-not only their material well-being. It means seeing tensions and contradictions within and between disadvantaged, injured or hurting people and more advantaged people and recognizing through this that all of us are part of the problem. Poverty, injury and oppression is not just out their. It’s in all of us.
Being with goes beyond working for, working with or being for people. It means experiencing in our own bodies some of the fragility of relationships of self-esteem and general well-being that are at the heart of poverty, injury, oppression and trauma.
It means having the patience not to search for the light switch, but to sit side by side for a time in the shadows.
In the story of Job, it is often overlooked that his much maligned comforters saw the depth of his suffering and “they sat with him on the ground seven days and seven nights and no one spoke a word to him because they saw his suffering was great” (Job 2:13)
Being with is incomprehensible to a world where working for is trumped over everything else. We even do it in our own families. Our innate response is to jump to fix and solve the problems of others when the most profound healing might spring forth from simply willing to be with them. Alone. In the dark. Side by side. Sitting on the ground.
We are terrified of divesting ourselves of all we “know” and all the “wisdom” we can impart. That is after all how we “help” others.
Of course there is value in working for and working with. There is profound value in being for. But being with. Just hanging out. Being present in pain as much as in joy. We miss so much. If only we knew what would bring peace.
The being with model says “Let’s not wait until all the fixing and solving is done. Let’s make these discoveries now. Let’s hang out”
Maybe this is where the healing begins. Can we for a time suspend our search for the light switch? And just sit alone in the dark. Side by side. On the ground. With each other. For as long as it takes
Being with is the basis for everything else. It says “I am for you. I will work for you. I will work with you. I am there for you.”
Unless we are prepared to sit in the dark, on the ground, side by side with those who are disadvantage, injured, traumatized or oppressed, our words, “I am there for you” lack integrity.
If only we knew what would bring us peace.
As always, peace.
Sheena Jonker.
References: Living without Enemies, Sam Wells