National Small Business Act, 1996 (Act 102 of 1996)
R 385
Disaster Management Act, 2002 (Act No. 57 of 2002)RegulationsRegulations issued in terms of Section 27(2) of the Disaster Management Act, 2002 (COVID-19)Chapter 2 : General Provisions Applicable during National State of Disaster13. Resolution of disputes |
| (1) | The parties to a civil dispute against the State or any organ of State, which may potentially result in litigation, may— |
| (a) | either before or after the commencement of litigation but before the granting of judgment by the court, agree to refer the dispute to mediation; or |
| (b) | before the commencement of litigation, agree to refer the dispute to arbitration. |
| (2) | Where the parties agree to mediation or arbitration: |
| (a) | the Office of the Solicitor General shall assist the parties in coordinating and overseeing the process; and |
| (b) | the parties may agree that a judge who has retired from active service shall act as the mediator or arbitrator as the case may be, in which event no fees shall be payable to such mediator or arbitrator. |
| (3) | The Office of the State Attorney in whose area of jurisdiction a dispute arises shall immediately upon knowledge of such dispute engage the party raising the dispute, or such party's legal representative, in considering mediation or arbitration. |
