[Home] [Databases] [WorldLII] [Search] [Feedback] South African Law Commission

You are here:  SAFLII >> Databases >> South African Law Commission >> Issue Paper >> 8 >> CHAPTER 1

[Database Search] [Name Search] [Previous] [Next] [Download] [Help]

CHAPTER 1

ORIGIN OF THE INVESTIGATION AND INTRODUCTION

1.1 During the last few years many governmental and non-governmental organisations have been striving at different levels to provide affordable and appropriate dispute resolution institutions and procedures in different communities of society. This has been done in order to promote more effective access to justice for all the people of South Africa. Organisations such as the Community Dispute Resolution Trust, the Community Peace Foundation, the Assessors Coordinating Committee, the Association of Arbitrators, the Arbitration Foundation of South Africa, IMSSA and others all come to mind.

1.2 The South African Law Commission has been engaged in an investigation into arbitration since 1995. As a first step it published a draft International Arbitration Act for information and comment in December 1996. It also intends to undertake a revision of the Arbitration Act 42 of 1965. This will be done by asking interested parties by means of an appropriate Working Paper to submit comments on the 1965 Act. For this reason this issue paper does not deal with either international or domestic arbitration.

1.3 On 8 July 1996 the Minister requested the Law Commission to broaden its investigation into arbitration to include all facets of alternative dispute resolution(ADR)in order to provide a framework within which ADR could be discussed in an orderly fashion. The Minister stressed the urgency of the project, as formalised methods of ADR could relieve the overburdened court system. The Commission considered and approved the inclusion of such an investigation in its programme and a project committee for this purpose was duly appointed by the Minister of Justice with effect from 16 September 1996. Work commenced on 26 October 1996.

1.4 Community involvement is regarded as being of paramount importance in this investigation. The Commission has therefore decided to compile this issue paper to initiate, facilitate and encourage focused consideration and response by all interested parties. As an issue paper, this document intends to state possible questions, or lines of inquiry, which seem to present themselves as relevant to the investigation, rather than to suggest answers. The manner in which this investigation will further progress will primarily depend on the response received to this paper. It is contemplated that, in light of the response and consequent work of the Project Committee, a Discussion Paper, and should it in future be deemed necessary, draft legislation, will be prepared and published for general information and comment.