National Water Act, 1998 (Act No. 36 of 1998)Chapter 15 : Appeals and Dispute Resolution150. Mediation |
| (1) | The Minister may at any time and in respect of any dispute between any persons relating to any matter contemplated in this Act, at the request of a person involved or on the Minister's own initiative, direct that the persons concerned attempt to settle their dispute through a process of mediation and negotiation. |
| (2) | A directive under subsection (1) must specify the time when and the place where such process must start. |
| (3) | Unless the persons concerned have informed the Minister at least seven days before the date specified in terms of subsection (2) that they have appointed a mediator, the Minister must appoint a mediator. |
| (4) | Notwithstanding subsection (3), the parties may at any time during the course of mediation or negotiation proceedings, by agreement between them, appoint another person to act as mediator. |
| (5) | A person appointed by the Minister in terms of subsection (3) must either be an official of the Department or an independent mediator. |
| (6) | Where the Minister or the Department is a party to the dispute, the mediator may not be an official of the Department. |
| (7) | The contents of all discussions which took place and of all submissions made as part of a mediation process under this section are privileged in law, and may not be received in evidence by any court of law, unless the parties agree otherwise. |
| (8) | The fees and expenses of a mediator must be paid by— |
| (a) | the Department, if the Minister has appointed the mediator; or |
| (b) | the parties, if they have appointed the mediator. |