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 email@example.com.
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.
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.
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
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
- B. We are doing Land Rights Management Facility
Trained by: Claire Hock & Ashraf Mahomed
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.
Ps. To feature in this section you must be registered with ADR Network SA on our panel. Get a mail through to firstname.lastname@example.org
Our featured mediator section runs weekly on our blog and all social pages. To feature please email email@example.com
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 firstname.lastname@example.org
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 email@example.com
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 firstname.lastname@example.org
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 email@example.com
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 firstname.lastname@example.org
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 email@example.com
“The boys throw stones at the frog in jest. The frog dies in earnest”
Joanna Russ, quoted often by Larissa Klazinga
I blog in peace. And I blog just having spent a wonderful six days in Sodwana with my husband Mike, and two kids, Che and Luc-Michael. All of them took to the ocean, even an open water snorkel two miles out to sea, and Mike and Che have decided they want to do open water one, so we can dive as a family. Although Luc-Michael will have to wait two years until when he turns 10. My passion for freediving remains and in doing a little scuba, I am not selling out to the greater cause, although some may feel I am:)
Anyway, I digress. I am still on a mission to answer violence with absolute non-violence and so have immersed myself in the study of accomplishments borne out of non-violent movements. And there have been some significant accomplishments. The abolition of slavery, for instance, was one such accomplishment.
But what I am engaged in right now is an attempt to help individuals transform violent thought processes and violent communication methods. It’s quite simple, if it violates, it is violent. And so demeaning language is a form of violence. And violence begets violence. So violence even in its most seemingly innocuous form, can, and often does, lead to other forms of violence. I spend much of my time helping individuals, especially Moms and kids, exit violent situations, so understand me when I say, I have a zero tolerance for violence. And I never expect the vulnerable simply to return violent words or violent deeds with rainbows and candy floss. If I come across a dangerous situation I will, within my means, do what I can to help the vulnerable get the freak out.
What I am really talking about hear is everyday communication amongst average well-adjusted, functional individuals. I observe a lot of communication in everyday life. I deal with many disputes and so am a party to much correspondence, to organizational communication and to relational interaction. A significant amount of our everyday language is peppered with violence: from sarcasm and gossip to name calling and the unjustifiable imputation of intention to others.
I take this stuff seriously as everywhere I go a see how violent thinking and violent speaking ends up in damage and detriment to ourselves and others. And so all I ask is that we pause….and reflect. I start with those we train in alternative dispute resolution and mediation. We start with self-reflection.
Unless we are able to transform our own violent thought processes and our own violent means of communication, we cannot help others. Most people don’t regard themselves as violent to which I say, we live in a violent world, which affects us all, and self-reflection in this regard may be the biggest gift we ever give others.
This stuff is key. And I am committed to this. I 100% believe that we can change lives and are changing lives. The good news is this is not rocket science. It is basic. It is radical. And by radical, I mean fundamental, how things should be. Back to our roots-who were are created to be. That is mirror images of the most high.
We have thus decided to incorporate non-violent communication formally into our main ADR Program. We also offer it as a short certificate program via distance learning or alternatively a one day workshop.
The quote I started with speaks of intention. As communicators, it is not enough to hold to our intention and to simply state “I meant no harm”. It is true, in the main, we do not intend to demean, harm or cause detriment to others in any way. But we must be responsible to be aware of how what we do, and what we say is received by others. Something said by you in jest may cause another to die a little inside. The root of the word sarcasm actually comes from the same root of a word that means to cut out flesh from someone. Let’s not do this stuff. Let’s apply love and grace at all times. Even when it seems undeserved. Or maybe especially when it seems undeserved.
As always, peace.
Ps. Next 5 day ADR Program takes place 4-9 August in Jozi. We have a number of subsidized spots left at 50% of the normal fee. Please get in touch. firstname.lastname@example.org
When looking to train mediators, we look for the sharpest of minds and the softest of hearts.
I blog in peace.
I can be a real genius at times. And by genius, what I mean is dumb-ass. (“Ass” in this context means “donkey” or “Mule”. No really.)
If you read my last blog, you will know that I recently took up freediving. If you, haven’t yet, you should read that blog. It’s cool, if I may say so myself. On the weekend of the course I had sinus and so I didn’t think I would do the open water dives on the Sunday. However, on Saturday night I took sinus medication. I did the same on Sunday. So I decided to attempt a five metre dive and all was cool in paradise. No pain. Then I decided to attempt a 10 metre dive and at 8 metres, my head pretty much exploded. So I called it on the dives for that day. Three days later both my ears ruptured.
So what happened? This is what happened. Painkillers. Numbed pain. The problem was still there but I was numb to it. And so I proceeded through numbed pain and caused more damage.
Sound familiar? I am not the only genius out there. We all do this stuff all the time. We numb the pain. Whether it is through substance use or abuse-alcohol or prescription drugs-, tuning out by staring at our smart phones or TV screens, shopping, over-eating, cutting behaviour in teens, most of us have a story to tell of how we try to tune out the pain.
Human beings will do just about anything to numb pain, whether it’s physical, emotional or spiritual. Some of the stuff we do just causes further detriment. Pain is a powerful life-sustaining resource. It is an indicator that something is in need of attention.
Most of the people who arrive in my office are going through a life crisis. Divorce, workplace conflict, strained business relationships and all kinds of legal disputes. It is possible that the majority of those I encounter are medicated: there is a psychiatric drug for every life crisis and I hear stories all the time of scripts written out within minutes of walking into a doctor’s office and mentioning a particular life crisis.
Am I proposing that we take everyone off the drugs? Am I proposing that we don’t seek medical attention in life crisis? In an ideal world, yes. But the world is not ideal, so no, I’m not. Unfortunately, withdrawal from psychiatric drugs is dangerous.
But I do say this: when dealing with those in conflict, one of our prime objectives is to help them courageously and robustly address the source of the pain in their lives which often is the source of conflict. Disconnectedness in relationship is fertile ground for conflict in families, schools, workplaces and in business. Escapist techniques that help us avoid addressing the problems only perpetuate disconnectedness.
So first up, we acknowledge that almost everyone we deal with, is in profound pain. We teach people that pain is necessary and life-sustaining. We look to point them in the right direction via a collaborative approach invoking other disciplines and engaging other professionals if necessary. We start helping them to build courage to face the issues causing pain, and to start to see and acknowledge that substance use and abuse and other escapist techniques are counterfeit and simply mask the pain for a short while but help to perpetuate further detriment.
It is relatively easy to settle legal disputes and all kinds of other disputes, and we do that all the time. But actual conflict resolution, and life change for the better, takes time. It takes courage. It takes intention. It takes commitment. Many come to us in weakened states due to long term conflict exacerbated by detrimental pain-numbing techniques encouraged by the instant gratification world we live in.
So we train mediators. And as you have probably heard me say before, those we look to train are those with the sharpest of minds and the softest of hearts. We see too many professionals losing sight of the pain in the lives of those they deal with. We never want our mediators to own the pain of others, but our mediators can only help disputants to address pain if they see it.
I read a lot, research a lot, live a lot of stuff. Every process I am involved in teaches me. Every experience educates me. I am about to embark on an LLM and then an LLD in non-adversarial justice with the Institute for Dispute Resolution Africa. I am so excited. I am so honoured to have spent time with and to be getting to know Prof Faris. Such a great mind. Such a masterful teacher
The following are new aspects to our ADR and Mediation Training programs informed by my experiences and dealings over the last six months:
1. Learning skills in Non-Violent Communication
2. Teaching others to communicate non-violently
3. Dismantling adversarial mindsets and systems in family relationships, schools, workplaces and in court
4. A collaborative approach to conflict resolution: shifting parties out of disconnected states and reducing anxiety in order to prepare for conflict engagement
5. Shifting from punitive justice to restorative justice
6. Process design
For more information on our Programs, please email email@example.com
Until next time, peace
Please comment below or email me firstname.lastname@example.org