ALL ABOUT THE AOA – JULY 2020

We’re a team of devoted specialists who believe in the absolute value of arbitration.

We take great pleasure in introducing you to our board members in our e-periodicals. In this edition, we invite you to become better acquainted with Messrs Mark Hamilton and Jonathan Mitchell.

Life membership has been awarded to a number of our esteemed colleagues and we’re excited to welcome new Fellows to the Association of Arbitrators (Southern Africa) NPC:

CURRENT BOARD MEMBERS

We take great pleasure in introducing you to our board members in our e-periodicals. In this edition, you can get better acquainted with Mr Mark Hamilton and Mr Jonathan Mitchell.

Mr Mark A Hamilton

Mark is a registered quantity surveyor with the SA Council of the Quantity Surveying Profession and a registered member of the Association of SA Quantity Surveyors, with more than 30 years’ experience in the construction industry.  He started his career with Cohen, Bahr, Lindsell & Partners, a multi-disciplinary firm where he worked within their quantity surveying department and gained experience in architectural building projects.  In 1986 he joined Roos & Roos Inc, a quantity surveying practice, where he remained for 12 years.  During this time, he was made a director of the company and was responsible for all senior quantity surveying functions within the firm.  The firm provided comprehensive quantity surveying expertise on a wide range of civil, industrial, mining, residential and architectural projects.  In 1998, Mark joined specialist engineering and construction contract consultants HKA-Global (Pty) Ltd (formerly Binnington Copeland & Associates (Pty) Ltd) and was involved in the preparation, analysis and evaluation of a variety of multi-disciplinary claims on behalf of employers, contractors and sub-contractors.  Mark’s specialisation within the firm was in the preparation of contract documentation as well as in the quantification of claims.  He has a comprehensive working understanding of all the principal engineering and building contracts, including JBCC, FIDIC, NEC and the GCC suite of contracts.  In 2000, he completed the Fellowship Admission Course of the Association of Arbitrators (Southern Africa) and was admitted as a Fellow of the Association.  In reading towards fellowship admission, Mark’s specialisation was in Engineering and Construction Law.  He has been appointed as arbitrator and adjudicator in several matters and has given expert testimony on a number of quantum and other construction-related matters.  Mark is a longstanding fellow and a current director of the Association of Arbitrators (Southern Africa) NPC.  He also serves on the Finance, Building and Nominations Committees.

Mr Jonathan Mitchell

Jonathan is an extremely well-known and highly respected member of the building industry and alternative dispute resolution (ADR) profession in South Africa.  He is a past president of the Master Builders Association and is a past chairman of the Association of Arbitrators in the Western Cape and of the Building Industry Bargaining Council (Cape of Good Hope).  He has presided over numerous arbitrations and mediations and has frequently delivered expert testimony in the High Court and in several Magistrates courts.  His appointments as arbitrator are frequently nominated by the Association of Arbitrators, (Southern Africa) NPC and by the president of The Master Builders Association.  As a consultant, in the preparation of claims, he is highly regarded for his integrity and honesty amongst both employers and contractors.  A large portion of his clients come via referrals, many of which are via the legal representatives of the parties.  He has an excellent knowledge of the numerous forms of building contracts, including sub‑contract agreements.  His knowledge of building construction practice is extensive, as is his knowledge of the National Building Regulations and other specialist trade specifications published by the SA Bureau of Standards.  Frequently, he is consulted by attorneys and/or counsel for his specialist knowledge in arbitration and construction matters.  He abides by his policy, that if he cannot add value to his client’s cause, then he would rather be released from his mandate.  Jonathan is a longstanding fellow and a current Director of the Association of Arbitrators (Southern Africa) NPC.  He is the current Regional Chairman of the Association of Arbitrators (Southern Africa) NPC’s Western Cape chapter.

LIFE MEMBERS

Life membership has been awarded to the following esteemed colleagues:

Mr Chris Binnington	Mr Binnington is a registered Professional Engineer and, from 1997 until 2010, served as Chairman of the Association of Arbitrators (Southern Africa) NPC.  He is a Fellow of the Institution of Mechanical Engineers and, for four years, served as Chairman of the Disciplinary Committee of the Engineering Council of South Africa.  He regularly contributes articles to construction journals and is an accomplished lecturer on commercial and contractual topics.  He is an avid fly fisherman.  He specialises in adjudication, arbitration and mediation.  Chris is an Honorary Life Fellow and a current Director of the Association of Arbitrators (Southern Africa) NPC.  He also serves on the Rules Committee.
Prof David Butler	Emeritus Professor David Butler (Mercantile Law: University of Stellenbosch) is a Professor at the Law Faculty of University of Stellenbosch.  He serves as a Tutor (Law and Practice of Arbitration, including Evidence and Procedure in Arbitration Proceedings (Module 4B)) at the Association of Arbitrators (Southern Africa) NPC.  He is a Commissioner of the Small Claims Court.  Prof Butler’s specialisations include teaching and researching of the law and practice of commercial arbitration in South Africa and international commercial arbitration, also company law, sectional titles, share blocks and timesharing.
Mr Barry Jammy	Mr Jammy is an Honorary Life Fellow and formerly a Director of the Association of Arbitrators (Southern Africa) NPC, which he joined in 1990, and an Honorary Life Panellist of Tokiso Dispute Resolution.  A practising attorney from 1957 to 2005, during which he was a partner in, and subsequently a Director, of the law firm Edward Nathan and Friedland (now ENSafrica) for 36 years.  Periodically an Acting Judge of the Labour Court during the period 1999 to 2002, he specialises in commercial and employment dispute arbitration and mediation.
Adv Patrick Lane SC	Prior to being called to the Bar in 1977, Adv Lane SC served his articles of clerkship at a leading Johannesburg firm of Attorneys during which time he passed the Attorney’s admission examinations and qualified and was admitted as an Attorney.  He is a member of 39 Essex Street Chambers in London and practices internationally in the United Kingdom, Europe and Africa.  He has received numerous appointments to act as arbitrator in relation to both domestic and international arbitrations both in South Africa and abroad and has chaired and been a member of a number of Dispute Adjudication Boards.  Adv Lane SC is a past-Chairman of the Association of Arbitrators (Southern Africa) NPC.
Adv Shaun Mitchell	Adv Mitchell was admitted as an Advocate of the High Court of South Africa (11 July 2008).  He completed pupillage at the Johannesburg Bar and became a member of the Maisels Group of Advocates: Sandton.  In October 2018 he resigned from Maisels Group and joined the Gauteng Society of Advocates in Pretoria.  He served as a Tutor (in the Award Writing Module) at the Association of Arbitrators from 2012 to 2018; on the Executive Committee of the Association from 2013 to 2019; on the Nominations Committee between 2014 and 2016 and 2018 to present; and is still a member of the Association’s Disciplinary Committee.  He was Chairman of the Association of Arbitrators (Southern Africa) NPC from 2015 to 2019.  In appreciation for his service to the Association, Life Fellowship was conferred on him in May 2019.  He serves on the Board of Directors of QVC NPC in South Africa.
Judge Fergus Blackie	For the last 17 years Judge Blackie has practiced as an arbitrator, adjudicator, mediator and member of Dispute Adjudication Boards in South Africa, mainly in the construction industry, but also in commercial and medical matters, both in and outside the court system.  He is familiar with, worked in and successfully concluded many matters involving the dispute prevention and resolution procedures in the FIDIC, NEC & JBCC contracts.  He has recently been involved as Chairman in a Dispute Adjudication Board in the building of the Medupi Power Station outside Johannesburg and sits currently on two DABs in the building of the Kusile Power Station, also outside Johannesburg, on one as a member and the other as Chairman of the DAB.  He has also participated in mediations.  Judge Blackie is a past-Chairman of the Association of Arbitrators (Southern Africa) NPC.
Mr Jonathan Dingle	Mr Dingle is a leading senior barrister, arbitrator and mediator, who enjoys tough and complex cases, especially involving international matters, construction, insurance law, the Armed Forces, and civil procedure.  Now retired from commercial mediation training, but still working as a mediator, and in pro bono work, he has been commended in a string of awards for his mediation work worldwide most recently in Johannesburg with the Association of Arbitrators of Southern Africa.  A natural port of call for those troubled by complex or seemingly intractable disputes on any scale, Jonathan brings more than three decades of experience, and complete neutrality and integrity to every mediation.  He excels as a neutral who assists in reconciling individuals, corporations, or nations through a mix of intellect, charm, empathy, experience, patience and tireless energy, anywhere around the globe.  As a mediator, recent cases have included multi-million-pound insurance disputes, costs, tort and complex construction cases worldwide.  He describes himself as privileged to work in a mix of vocations all of which offer enormous satisfaction.  These include the law, where as a barrister specialising in tort cases of complexity in all the common law jurisdictions he is widely instructed.  He is happy to discuss cases, problems, and training at any time (although does not accept Direct Public Access instructions in his Bar Practice).

NEW FELLOWS

Please join us in welcoming the following new Fellows of the Association of Arbitrators (Southern Africa) NPC:

Fellow	Synoptic Biography
Prof Marthinus (Tinus) Maritz	Prof Maritz is a registered quantity surveyor (MSc (QS), PhD).  He is the sole partner of MJM Consulting and the acting chief executive officer of the Joint Building Contracts Committee (JBCC).
Ms Obolokile Sekga	Ms Sekga is an attorney, Dispute Adjudication Board adjudicator, tax practitioner, arbitrator and public private partnership expert.  She is the managing partner of Senamela Sekga Attorneys.
Mr Thomas Lawrence	Mr Lawrence is an attorney and conveyancer.  He is the owner of Lawrence Masiza Vorster Inc.
Mrs Elismé Taylor	Mrs Taylor is the founder and owner of E Taylor Attorneys.  She specialises in contract law in the commercial and construction fields.
Ms Alissa Nayanah	Ms Nayanah is a senior associate at Adams & Adams.  As an attorney, she specialises in intellectual property.
Mr Sibongiseni Zimema	Mr Zimema is a senior forensic lawyer at the Special Investigation Unit.
Mr Vuyani (Menzi) Mbina	Mr Mbina is the Unit Head: Legal and Risk, Company Secretary at Coega Development Corporation which involves overseeing and taking charge of all legal issues of the company.
Mr Kobus Coetser	Mr Coetser is a civil engineer and senior project manager at Sasol Mining (Pty) Ltd.
Adv Mzungulu Mthombeni	Adv Mthombeni is a practising member of the Johannesburg Bar.  He has periodically acted as judge in the Labour Court.
Mr Abraham Auret	Mr Auret is a professional civil engineering technologist and owner at Braam Auret & Associates CC.
Mr Funani Raphalalani	Mr Raphalalani is a quantity surveyor at Murray & Roberts.
Mr Archie Cottingham	Mr Cottingham is a contracts manager with over 35 years’ experience in the construction industry.  He is the sole owner of Kelburn Construction.
Mr Anthony (Toni) Niemand	Mr Niemand is the owner of BrightBridge Project Management (Pty) Ltd.
Mr Mxolisi Zwane	Mr Zwane is a senior attorney and director at MSMM Inc.  Some of his specialisation areas include gaming and sports law, administrative and constitutional law, employment law, insolvency law, and liquidations.
Mr Kenosi Mokolobate	Mr Mokolobate is an associate at Cowan-Harper-Madikizela Attorneys.  He specialises in legal-commercial, corporate, public law, risk, governance and compliance, construction project management, aviation, engineering and contract management.
Mr Peter Davies	Mr Davies is a civil engineer and an independent construction expert.  He is the managing partner of Peter Davies & Associates CC.
Mr Oteng Mamparanyane	Mr Mamparanyane is a civil engineer and managing director at Engineering Partners International (Pty) Ltd.
Mr Hristo (Christo) Dudenski	Mr Dudenski is a civil engineer at UWP Consulting.
Mr Shunmugam Naidoo	Mr Naidoo is a contracts manager at WK Construction (SA) Pty Ltd.
Mr Gibson Sibanda	Mr Sibanda is an attorney at Motsumi Attorneys.
Mr Clive Evans	Mr Evans is the managing director at EH Construction.
Mr Hermanus Bekker	Mr Bekker is a Director at Goldberg & De Villiers Inc Attorneys.
Mr Ivan Gurovich	Mr Gurovich is a partner at Frese Gurovich Attorneys.
Mr Bandile Gqweta	Mr Gqweta is a Civil and Water Engineering Technologist and the Senior Manager: Building and Infrastructure Planning at the Amathole District Municipality.
Mr George Georghiades	Mr Georghiades is an Alternative Dispute Resolution Specialist at Georghiades & Associates Mediation Services.  He specialises in land right matters, labour issues, and civil and commercial matters.
Mr Mabalaankwe Rabashwa	Mr Rabashwa is an attorney at Rabashwa Attorneys.
Adv Desmond Mahony	Adv Mahony is a chartered accountant and admitted Advocate of the High Court of South Africa.  He is a Partner at Tusker.co.za and the Treasurer of the Association of Arbitrators (Southern Africa) NPC.
Mr Anton du Toit	Mr du Toit is a civil engineer and general manager, water techno packages at Veolia Water Technologies South Africa.
Ms Charlotte Hammick	Ms Hammick is an attorney’s assistant at Kingsbourne.
Ms Elizabeth Louw	Ms Louw is an attorney at Webber Wentzel and specialises in employment.
Mr Steven Bunn	Mr Bunn is the head of litigation at Hewlett Bunn Inc.  His specialisation areas include construction-related disputes including adjudication, arbitration and High Court proceedings arising from JBCC, FIDIC, GCC and NEC contracts; business rescue and liquidation proceedings; and general commercial litigation.
Mr Richard Hertz	Mr Hertz is a civil engineering technologist and a director at Key Developments and Sibonele Africa (Pty) Ltd.