Section 166 of the Companies Act No. 71 of 2008 provides for alternative dispute resolution. Specifically subsection 166(1) of the Act states that as an alternative to applying for relief to a court, or filing a complaint with the Commission a person who would be entitled to apply for relief, or file a complaint in terms of the Act, may refer a matter that could be the subject of such an application or complaint for resolution by mediation, conciliation or arbitration to:
(a) The Companies Tribunal;
(b) An accredited entity, as defined in subsection 166 (3) of the Act; or
(c) Any other person.
The Companies and Intellectual Property Commission has recently drafted a set of standards for accrediting the “entities” referred to above.
DiSAC, along with other interested parties were asked to comment. DiSAC’s comments are available below: