Extension of Security of Tenure Act, 1997 (Act No. 62 of 1997)

Chapter V : Dispute Resolution and Courts

21. Mediation

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(1) A party may request the Director-General to appoint one or more persons with expertise in dispute resolution to facilitate meetings of interested parties and to attempt to mediate and settle any dispute in terms of this Act.

 

(2) The Director-General may, on the conditions that he or she may determine, appoint a person referred to in subsection (1): Provided that the parties may at any time, by agreement, appoint another person to facilitate meetings or mediate a dispute, on the conditions that the Director-General may determine.

 

(3) A person appointed in terms of subsection (1) who is not in the full-time service of the State may, from moneys appropriated by Parliament for that purpose, be paid such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance for services performed by him or her.

 

(3A)The Director-General may refer the disputes contemplated in this section to the Board for mediation or arbitration as contemplated in section 15C(1)(d).

[Section 21(3A) inserted by section 9 of the Extension of Security of Tenure Amendment Act, 2018, Notice No. 1259, GG42046, dated 20 November 2018 - effective 1 April 2024 by  Commencement Proclamation Notice 146, GG50014, dated 19 January 2024]

 

(4) All discussions, disclosures and submissions which take place or are made during the mediation process shall be privileged, unless the parties agree to the contrary.