The National Environmental Management Act [“Nema”], Chapter 4, provides for alternative dispute resolution in respect of environmental disputes. Section 21 of NEMA authorities the establishment of a Panel of persons to render facilitation, conciliation and mediation services:
- Appointment of panel and remuneration
(2) The Minister may create a panel or panels of persons from which appointment of facilitators and arbitrators in terms of this Act may be made, or contracts entered into in terms of this Act.
in 2013 the Department published an invitation for mediators and arbitrators to apply for appointment to this panel. The invitation set out the requirements for selection:
Prior to this the Department had engaged in a consultative process, on the basis of two discussion documents.
The documents below include comments and suggestions made by DiSAC.