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Communal Property Associations Act, 1996 (Act No. 28 of 1996)

10. Information, conciliation and other assistance

 

(1) The Director-General may have forms, pamphlets and other documents prepared and distributed in order to promote the achievement of the objects of this Act.

 

(2) The Director-General may, of his or her own accord or at the request of a community, an association, a provisional association or any member thereof, appoint a conciliator acceptable to the parties to a dispute to assist in resolving any issues for the purpose of the preparation or adoption of a constitution or to resolve a dispute between an association or provisional association and its members or between members or committee members: Provided that if the parties to the dispute do not reach agreement on the person to be appointed, the Director-General may appoint a person who has adequate experience or knowledge in conciliating community disputes.

 

(3) A conciliator appointed in terms of subsection (2) shall attempt to resolve the dispute—
(a) by mediating the dispute;
(b) by fact-finding relevant to the resolution of the dispute;
(c) by making a recommendation to the parties to the dispute;
(d) in any other manner that he or she considers appropriate.

 

(4) The conciliator shall report to the Director-General and the parties on the result of his or her conciliation and make recommendations in relation thereto.

 

(5) All discussions taking place and all disclosures and submissions made during the conciliation process shall be privileged, unless the parties agree to the contrary.

 

(6) The Director-General may from time to time appoint persons or organisations acceptable to a community and with relevant knowledge or expertise to provide assistance and support to such community for the purposes of section 6.

 

(7) Any person contemplated in subsection (2) or (6) who is not in the full-time service of the State may from moneys appropriated by Parliament for this purpose, be paid such remuneration and allowances in respect of the services rendered as may be determined by the Minister in consultation with the Minister of Finance.

 

(8) The Minister may, in consultation with the Minister of Finance institute other programmes for the provision of assistance to communities or associations or provisional associations for the purposes of this Act.