1. 5 Day Mediator Training with Content on Court Annexed Mediation

Upcoming dates are:

20-24 April Durban/Johannesburg

20-24 June Durban

6-10 July

The Thursday of each program can be done as a one day workshop on Court Annexed Mediation for those with prior 40 hour training

Email: training@adr-networksa.co.za

2. One Day ADR in Personal Injury Matters

8 April Johannesburg/Durban/Cape Town

Email: training@adr-networksa.co.za

3. Marikana Evictions

You may have read newspaper reports (Cape Times and Daily Voice) of Victory for Marikana Residents with reference to Access to Justice and Statements by me. Reporting on matters in court or related to court process is not easy for journalists to get complete accuracy on, so here is my media statement which clears up any inaccuracies:

Statement of Sheena Jonker for The Access to Justice Association of Southern Africa: Marikana Matter//Cape Times

In co-operation with Ses’khona People’s rights Movement, please take note of the following:

According to the papers the landowners are as follows:

Power Development Projects (Pty) LTD

H & T Prop cc

PJL Prop (Pty) LTD

Anica Delicio N.O.

Mario Salvatore Delico N.O.

Annemarie Delicio N.O.

In a conversation this morning with the attorney for the applicants, Riaan Nabel, it was confirmed that the first Applicant, Power Development Projects had withdrawn as it was their property that had been overrun so rather than being part of the application pursuing an interdict, that would have to apply for an eviction order, which they are yet to do

The balance of the applicants (2-6) were now seeking to confirm the Interdict. The attorney who we had instructed in this matter on behalf of the community is away overseas and I called  to discuss confirmation of the Interdict by consent. The basis of our view that this should happen was:

  1. According to their attorney the only land occupied belongs to the first applicant who has now withdrawn
  2. The land belonging to the other applicants is unoccupied and so there would be no need for any evictions/forced removals and was solely to guard Applicants 2-6’s rights against future invasion
  3. We have advised the community to guard against any further settlement or extensions to dwellings

I am most concerned that notwithstanding my conversation with the attorneys for the applicants, the name of the First Applicant appears on the Order granted. In principle this could mean the community is indeed faced with attempts at eviction and removal (which would be unlawful). I intend to get Mr Nabel’s written confirmation that this was erroneous and that the Order will not be used adverse to what we discussed. If I cannot gain such confirmation we will instruct our attorneys to bring an application to vary the order and will naturally seek an adverse costs order against the applicant.

We will also be watching the matter very carefully and will work to ensure that the interdict is indeed used only to prevent future invasion. On Mr Nabel’s say so, as of today there were no occupiers on Applicants 2-6’s land, so if any removals are attempted, then something is very wrong and we will instruct our attorneys to act to take remedial action

I understand there are between 5000 and 8000 occupants on the land

Please note that the Access to Justice Association of Southern Africa is an NPO that mobilizes legal and dispute resolution resources for the poor. As advocates for Restorative Justice Peacemaking, our goal is always to divert these matters to proper consultative dialogue on meeting the housing needs of shackdwellers and to accomplish the exit of land owned by others at an agreed time with appropriate alternative measures in place and specifically guarding the rights and interests of vulnerable persons

We generally instruct attorneys to represent the community to guard their rights and we often join the proceedings as Amicus Curiae to assist in guiding all the parties to consultative dialogue. We have not done so in this matter yet due to the withdrawal of the first applicant. If indeed they do bring an eviction application we will reconsider our position.

But we will still work with the community to build bridges with Human Settlements with a view to accomplishing provision of adequate housing and services. And Ses’Khona People’s Rights movement will work with the community to assist in preventing any further occupation and will also explain the ramifications of today’s proceedings in a public meeting tomorrow

Please let me know if you need any other information”

4. Mediation Services

We have highly skilled mediators all over SA. Contact sheena@mediatorsa.co.za for mediation services.

5. One year Distance Program

Our distance program offers specialization in various areas of ADR. Please email training@adr-networksa.co.za

Monthly payment options are available on all programs

As always, Peace