Late Registration: Five Day Program 26-30 June 2017

Dear Student/Prospective Student in Durban or Johannesburg

Those wishing to attend a five day session next week (either as a new student or a registered student who needs to make up sessions) are invited to email to enquire about late registrations

In peace

ADR Network SA

Featured Mediator Section


Just a reminder that Wednesday is our Featured Mediator Day so we feature a number of our Registered Panel Mediators from various regions. To feature, you must be part of our panel and your updated bio must be in by 12pm on Tuesday

The feature goes out to all our subscriber lists, my blog and our Social Media Pages on Facebook, Linked-In and Twitter

Please also look out for this weeks feature on the spiral of violence which teaches Restorative Justice mediators a model of understanding the genesis of violence and we start building an awakening for practitioners to start mobilizing at the source of violence rather than just reactive violence and redemptive violence.

Look out also, for ongoing updates on current matters and also training




Upcoming Training

Court Annexed Mediation One Day Workshops

25 September Jozi, Durban, Cape Town

Cost for panellists: free

Cost for past and current trainees: R 200

Cost for all others: R1000

Includes snacks, refreshments, manuals and certificates of attendance

To reserve a spot email with Court Annexed Mediation in the Header


Durban 20-24 Oct

Cape Town 27- 31 Oct

Jozi 3-7 November

Cost R 11 999 incl manuals, certificate and accreditation with ADR Network SA and Access to Justice Association of Southern Africa


Cost is R 11 99 (incl Vat) *subsidies available



Cost is R 1000 including materials and certificate of attendance.

8 Oct Cape Town

16 October Jozi

28 October Durban

Email: with “Leadership Training” in the header.

Court Annexed Mediation Update and news on other matters

Update on Court Annexed Mediation and other Matters


  • Court Annexed Mediation



As advised previously, the start date of the pilot project on court-annexed mediation has been postponed to 1 December 2014.

On 1 August the Minister of Justice published draft accreditation standards and norms and standards for mediators. This contains a call for comment by interested parties which should be in by 28 August 2014. You are encouraged to take a look and send in your comments. This is what healthy, functioning constitutional democracy looks like. If you would like a copy of the notice emailed to you, please get hold of me at with “Gazetted Notice” in the subject line


  • S v Sangweni



The ADR Process takes place on 18-22 August in Kwamashu. Mediation caucus meetings are under way this week. Updates will follow


  • Maths and Science Forum Ministerial task team



Last week I chaired a dialogue lead by Mazibuye African Forum on the issue of the state of Maths and Science in schools. This is a highly emotive issue with kids from the representative majority being excluded from tertiary opportunity due to the lack of pure maths and science. Many of the role players recognize the opportunities to broden the dialogue and maximize its efficacy through ADR platforms and mediated contexts, hence our involvement. For us, Access to Education is also and Access to Justice issue and our highlighting of ADR Dialogue and Restorative Justice Peacemaking continues to gain ground and be recognized as a vital tool in burning issues across the country. If you feel you can add value to this dialogue and the work of this task team in any way, the intention is to make it as inclusive as possible, please may you get in touch with me at with “Maths and Science” in the subject line.


  • Access to Justice Golf Day 18 November 2014



As you know via Access to Justice we have mobilized legal and dispute resolution practitioners to provide legal and dispute resolution resource in matters of public interest, lobbying and activism. Not only does this accomplish access to justice for the poor, which is the primary intention, but it inadvertently advances everything we do in ADR, mediation and restorative justice. This is beneficial to absolutely everyone active in this arena. To this end, we invite you to help us make the first golf day a success. From raising money to highlighting what we do. If you play golf, it will be a phenomenal opportunity for you to be there and connect with others. Aside from that the advertising and sponsorship opportunity is a chance for you to highlight your own work in this. Please get in touch at with “Golf Day” in the subject line








Our new aggregator in Justice News is an alternative news resource which is to lift up the work of writers in Alternative Dispute Resolution and Justice. There are advertising opportunities. Please get in touch at with “Advertising” in the subject line.


  • Training



Five day workshops are coming up in Cape Town, PE, Jozi and Durbs. Please get in touch for registration packs.

Distance learning still carries a limited number of subsidies. Please get in touch at


  • Access to Justice Breakfasts



We had a wonderful time in Durban on Friday with lively vibrant discussion around matters of ADR and Access to Justice. Cape Town and Jozi Breakfasts will be coming up. All panellists registered with ADR Network SA become Dispute Resolution Service Providers to Access to Justice and these breakfasts are an opportunity to introduce your services, connect with others and generally fortify the fabric of those that are like-minded across SA. To be included, or to host a breakfast (which we will resource), please send an email to with “Breakfasts” in the subject line.


As always




Sheena St. Clair Jonker

Mobile: 0614915314

Victory for ADR and Mediation

“I generally operate in a space where my faith is way bigger than what I can see or even explain. But today we got to enjoy the fruits of our tenacity in court: illegal gathering and public violence matter diverted to mediation against significant odds Gratitude to the amazing work of power ACCESS TO JUSTICE legal ADR team Krish Jairam Attorneys, Advocate Tango and Brandon Abdinor. All the hard work has not been in vain. Respect also to Mazibuye for bringing such issues to the fore. Let us go forth and replicate this stuff everywhere”

-Sheena St. Clair Jonker




I blog in peace.


As you know, we often intervene in matters before court and advocate for diversion or referral to Restorative Justice ADR Dialogue or mediation. In criminal matters this involves making representations to the Senior Public Prosecutor, and if unsuccessful, then the Director of Public Prosecutions, and if unsuccessful, then the National Director of Public Prosecutions.


One such matter, S v Sangweni and others involves 43 workers, and 3 leaders of a civil rights organization arrested and charged with illegal gathering and public violence. The organization, Mazibuye, is an organization that tirelessly and fearlessly advocates for the poor and addresses human rights violations head on. In this particular matter, the group had entered into negotiations on various unfair labour practices and other violations including pay as little as R 27 a day and the dispossession of Identity Documentation. Agreement was reached and when it was reneged on a few days later, the leaders lead the workers in a gathering and march. There are many dynamics at play including the fact that the Illegal Gatherings Act does not favour groups that gather and march in this way, even where it is an outworking of desperation and ongoing and unaddressed human rights violations. The Access to Justice Association of Southern Africa is intent on raising the constitutionality of this in the appropriate forum.


Yesterday the court in this matter ordered a diversion to mediation. This after seven months of representations and indications by the SPP that the content of the charges was ultra vires the NPA protocol on diversion. But working tirelessly and tenaciously, and completely pro bono, Access to Justice legal and dispute resolution team made up of Krish Jairam, Advocate Khaya Tango and Brandon Abdinor rallied up support of the Department of Labour, the Complainant Company and demonstrated to the DPP that such diversion is not only supported in our law, but accords with wisdom and reason. This is a victory for the potential to address the cause and interrupt a culture of simply reacting and suppressing those that have authentic concerns simply by pulling the Illegal Gathering card. This is also a victory for diversion to mediation which we intend to replicate all over the country as there are several such matters that we have been consulted in.


We are currently setting up substructures of the Access to Justice Association of Southern Africa in each province. As some of you know this is an NGO platform purposed to mobilize and resource lawyers and Dispute Resolution Practitioners to get in the way of injustice and specifically to provide Access to Justice for the poor. If you wish to be part of one of these substructures, please email


Our ADR Program now includes content on Court Annexed Mediation Rules (the project due to pilot across SA on 1 August) as well as advocacy in ADR and mediation diversion such as described above. We provide replicable written and oral representation protocol pioneered and developed in the course of our own practice in this.


To join training, please send an email to


Upcoming dates are

Jozi 7-11 July

Bloem 21-26 July

Durban 4-8 August

Cape Town 25-29 August

Distance Learning over 12 months (can be fast tracked over 3 months)


As always, Peace