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 firstname.lastname@example.org to enquire about late registrations
ADR Network SA
It’s all happening next week in Joburg and Bloem. All registrations for the five day mediator training or the one day Court Annexed Mediation as well as new Distance Learning Registrations on the Thursday must be in like yesterday. But if I apply a little Grace you have a few minutes left.
Email urgently Training@adr-networksa.co.za
2. Corporate Social Investment: Education is an Access to Justice issue
Corporate Social Investment:
If you have any available CSI spend please consider the following before you close off your year. The spend enhances your BEEE rating but more than that you will be empowering teachers in KZN. Here is some info. Please contact David Roome (email@example.com) if you are willing and able. Please also share on all your networks:
In summary, Thuthukisa was started 3 years ago, hosted at Highbury as a poverty alleviation project. We have seen huge favor in many aspects, but would like to see it grow substantially.
The teachers responsible for school readiness in our province are among the least qualified when looking at national levels, with the highest learner-educator ratio against all other provinces. I’m not sure if you’re aware, but KZN has the largest numbers of school-children in the country – almost a quarter of the country’s at 3 million whereas GP as the next largest has just over 2 million out of 12 million countrywide.
Investing in teachers has a huge rate of return. Our teachers on average have a dependency ratio of 30:1 learners:educators. So for every rand you spend, you impact 31 people. We have 300 teachers in the project at varying levels of education.
The dept. of education does not employ teachers who are not qualified with a degree in education. This means that all unqualified ECD teachers (the majority) earn a monthly stipend of R700 – R1500 per month from the dept. of social development.
This is the group who we are entrusting the future economic potential of our country to.
Placing a child in school at grade 1 with no mathematical or basic language literacy skills sets them up for failure. The system is designed around a basic understanding of concepts.
This project does multiple things – trains teachers to educate rather than baby-sit; formally increases their education level so that they qualify to be formally employed and earn a salary; raises the standard of education and school-readiness and directly improves the lives of the teachers; and improves the success level of learners at school.
Half of matrics drop out of school without completing matric. SA adds 1.5 million school-leavers to the economy per year. Only 1 million jobs have formally been added to the economy since 2008 when a million had been lost. Unemployment at 18-24 age is 80%.
This project, long term will significantly increase the chances of learners to gain an education and be economically attractive to the workplace.
We are fully accredited BEE for any CSI spend. We can also assist with learnerships (enterprise development) and Skill development spend. Legislation is changing and in May, i understand companies will be required to spend 6% of their salaries & wage bill on skills development. Please consider this mechanism to invest in the economy your children will be a part of.
The tax year ends in a few weeks and any spend needs to be made ahead of this to qualify for potential rebates.
I would really appreciate your help and support in this. If you need further information, please do not hesitate to contact me. If you know of someone in your network who needs to meet a better scorecard level or is passionate about education or poverty alleviation, please forward this opportunity to them.
3. Community Courts and ADR
We are rolling out some informal projects at the Community Courts
I reminder that if you wish to attend any of the following 5 day workshops you should request registration forms at firstname.lastname@example.org:
16-20 February Johannesburg/Bloem
16-20 March Durban/ Cape Town/PE
We had released 2 fifty percent subsidies per program and have a few left. Please enquire directly on this
Also a reminder that the Thursday of each program covers Court Annexed Mediation which can be attended as a stand alone for those who have done prior 40 hour training, either with us or elsewhere.
As always, Peace.
Over the past two days the presence of Cyril Ramaphosa at the Marikana Inquiry has held a significant presence in the news.
Advocate Dali Mpofu’s cross examination of him was frought with some tough themes, propositions, emotive adjective and idiom which Judge Farlam often called Mpofu on. I have watched, with interest varying views with many calling Mpofu to keep his anger in check and insinuating that there is some kind of personal-politico stand-off going on between opposing political agenda. Following are my views.
Mpofu at the outset told Ramaphosa his cross-questiong would comprise four broad themes:
- Action, or alternatively inaction where there was a duty to act
- State of mind or intention, etc
- Causality. He would explore the causal nexus between Ramaphosa’s action, or alternatively inaction and the consequences ie deaths and injury
- Outcomes, or consequences
Mpofu referred to a publication penned by Ramphosa in the wake of the Marikana tragedy and spent much time unpacking Ramaphosa’s sense of responsibility. There were concessions. However the concessions fell short of the strong personal responsibility that Mpofu was building a case for with Ramaphosa conceding “Collective Responsibility”
On state of mind and intention Mpofu explored Ramaphosa’s business interests, financial interest in the situation and what he referred to as a “web of relationships” which Rampahosa was caught up in that seem to be “incestuous”. He spent much time exploring conflict of interests. On this theme Ramaphosa attempted to raise an extra-aneous discussion around Mpofu’s impending status as silk. His raising of this in my view was a clear attempt at mischief making and it was conceded by himself that the discussions were initiated by him. With Judge Farlam’s own son on the list awaiting the president’s signauture, Judge Farlam ultimately diffused the situation well by affirming that everyone would be grateful if the Deputy President did what he could to promote the President’s action and due consideration of all on the list. This was done elegantly, graciously and light-heartedly. My view is that Ramaphosa’s attempts to humiliate Mpofu here achieved nothing except for possible reflection on capacity for dirty play.
But I wish to give a more personal account. I met Dali Mpofu on the Saturday before the start of the Marikana Inquiry. I was introduced to him by a mutual colleague on the issue of Alternative Dispute Resolution, something we have a mutual belief in. I didn’t know him, who he was, or any of his history at all. During the time I spent with him, I was struck by a brilliant legal mind and a deeply compassionate heart. We chatted about Marikana and I will never forget his words “Sheena, the public thinks this was a wage dispute. It’s so much more. It is a 300 year old story of systematic economic exploitation and exclusion. And we have a responsibility to ensure the story is told”
Later I met with Senior Counsel Dumisa Ntsebeza also on Alternative Dispute Resolution. We spoke about Access to Justice in the Marikana Matter and the danger that the powerful narrative of the miners would be muted or shut down.
Seeing Mpofu angry yesterday did nothing to compromize my respect for him. Sometimes anger is the right response. And for all his political alignment which may be at odds with the Deputy President, I can’t but see beyond the political stuff that may be at play and know that Mpofu is a deeply compassionate courageous lawyer and I honour his proceeding through this under very tough circumstances. Mpofu and Ntsebeza both relayed to me accounts of individual miners and families with an authenticity that I was unable to interpret as anything other than compassion.
Mpofu accused Ramphosa of selling out for 30 pieces of silver. Tragically, I don’t think the Idiom is misplaced. I work in alternative dispute resolution and access to justice. In exploring causality with Ramaphosa, Mpofu unpacked a chain of events and communique linking his action and sometimes inaction to the tragedy. Action in the form of exerting political pressure and the like and inaction in the form of his failure to assess, understand or promote negotiation. One of the most significant aspects of his action was his campaigning for the situation to cease being regarded as a labour dispute, and for it to be declared as criminal activity
In my work we deal with public violence and illegal gathering matters. Mpofu spelt out a very alarming tendency for the source of gathering and marching to be displaced and for gatherers and marchers to be viewed as criminals. The focus is completely taken off the originating cause which is often human rights violations or unfair labour practice, but in general, inhumanity. And if the powers that be can convince us that it is not what it is, but is actually criminal activity, then we will go on accepting police heavy- handedness which is accompanied by killing, injury and detention. The sum total is that the authentic voice of the people is brutalized, suppressed, maybe completely shut down.
I run two organizations. One in alternative dispute resolution (ADR and Mediation) and one in Access to Justice) Both remain apolitical. I remain apolitical. That’s important in what I do. I do what I can to bring light to dark places and to interrupt ensuing injustice. But it’s not enough. I do know though that the voice of the people will take on a life of its own. There is a growing collective no to this stuff and it’s in all of our interests, as a nation to get in the corner of those saying no to injustice.
Update on Court Annexed Mediation and other Matters
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 email@example.com with “Gazetted Notice” in the subject line
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 firstname.lastname@example.org 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 email@example.com 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 firstname.lastname@example.org with “Advertising” in the subject line.
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 email@example.com
- 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 firstname.lastname@example.org with “Breakfasts” in the subject line.
Sheena St. Clair Jonker