The Arbitration Foundation of Southern Africa (AFSA) hosted the Johannesburg Arbitration Week (JAW) at the Sandton Convention Centre in April 2024. The three-day event included a variety of exciting and prestigious speakers, such as retired Deputy Chief Justice of South Africa, Dikgang Moseneke, the Deputy Minister of Justice and Constitutional Development, John Jeffery, as well as the Chief Justice of South Africa, Raymond Zondo.
AFSA stated that the JAW aimed to give an opportunity to members to unpack issues and challenges in the fast-changing world of international commercial arbitration. At this year’s JAW, the event included plenary and breakaway sessions and various speakers presented on topics, including, African Continental Free Trade Area: The role of dispute resolution in African trade and investment; integrity in international arbitration; and the future of investment protection in the Southern African Development Community (SADC) region: domestic courts, regional forums or international arbitration.
Deputy Minister of Justice and Constitutional Development, John Jeffery, spoke at the Johannesburg Arbitration Week in April 2024. (Photo supplied.)
Deputy Minister Jeffery said the South African government passed the International Arbitration Act 15 of 2017 in 2017. He added that South Africa (SA) is a trusted player in the field of arbitration. However, he pointed out that SA’s national arbitration law needs to be updated, to make sure arbitration keeps up with the times and is cost effective and delivers speedy resolutions. He said the government has passed the law and it is now for the different role players to make use of it, and to see that the work that is done by AFSA, in using that law. Mr Jeffery said that the job as government is to continue with the legislative policy for formulation aspects. He pointed out that the International Arbitration Act has been amended this year.
The Chairperson of the Legal Practice Council, Janine Myburgh said she was pleased to formally endorse the AFSA-SADC Alliance Charter on behalf of the Legal Practice Council of South Africa. (Photo supplied.)
While giving her message of support at the event, the Chairperson of the Legal Practice Council, Janine Myburgh said it was pleasing to see that the Alliance Charter by AFSA SADC region provides for the harmonisation and standardisation of arbitration practice in the SADC countries, thereby constituting Southern Africa as a destination of choice for the parties transacting and doing business in the SADC region solidifying a secure national and international commercial arbitration arena.
Ms Myburgh commended all the parties who participated in endorsing the AFSA-SADC Alliance Charter, she added: ‘I see the heading of this plenary reads AFSA-SADC alliance a regional game changer. I would like to be presumptuous to take it further than that and state that this charter is a paradigm shift not only for the SADC region, for the entire legal profession, as well as the fact that the signing of the charter coagulates a secure and credible platform for national, the international business community, as well as the legal profession to transact within.’
Ms Myburgh pointed out that the Legal Practice Council is most desirous of playing a cooperative and collaborative role within the parameters of the charter. ‘It, therefore, gives me great pleasure to formally endorse the AFSA-SADC Alliance Charter on behalf of the Legal Practice Council of South Africa,’ Ms Myburgh added.
The AFSA-SADC alliance member states made up of countries including, Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, Tanzania, Zambia, Zimbabwe, and organisation including the AFSA, AFSA SADC Division, as well as AFSA International, adopted and signed the AFSA-SADC Alliance Charter. The charter which was established by the AFSA under the auspices of the AFSA SADC Division in partnership with the bar associations, law societies of the Southern African region under the umbrella of the SADC Lawyers Association.
Chairperson of AFSA SADC Division, Des Williams said that the purpose of the Alliance Charter is to establish a member network of institutions committed to excellence in provision of the best process for private dispute resolution at domestic and regional levels in Southern Africa, and internationally, based on the AFSA rules applicable to resolution of international disputes. He further stated that the charter defines the framework within which collaborative activities will be undertaken between the AFSA SADC Division, the bar associations of Southern Africa and other alliance partners as may be agreed. Some of the objectives of the charter include:
Chief Justice Raymond Zondo delivered the keynote address at the JAW and touched on what he said was the important relationship between judges and arbitrators in SA. (Photo supplied.)
Chief Justice Raymond Zondo delivered the keynote address at the JAW and touched on what he said was the important relationship between judges and arbitrators in SA. He said the courts have lent support to arbitration and respected party autonomy and have insisted on fair process and a rational outcome.
Chief Justice Zondo pointed out that the kind of arbitration cases that have entered the SA courts, have changed with the times. However, he said the applicable legal standards remain constant. He added that the courts still continue to examine arbitration cost to see whether they cover the dispute in question. He pointed out that SA courts continue to investigate whether an irregularity occurred in the arbitration procedures and if so, whether it was sufficiently material to set aside the award. He said one should bear in mind that the relationship between the judges and arbitrators in SA was never codified and the colonial arbitration legislation and subsequent legislation did no more than provide a very broad framework.
Chief Justice Zondo said one should look no further than enforced endorsement of the aims and objectives of both domestic and international arbitration to the decision of the Constitutional Court in the Lufuno Mphaphuli and Associates (Pty) Ltd v Andrews and Another 2009 (4) SA 529 (CC) case of 2009 and many cases since then. He added that the Supreme Court of Appeal may have gone a little too far in seeking to sell SA as an international seat. He quoted a paragraph from Zhongji Development Construction Engineering Co Ltd v Kamoto Copper Co Sarl 2015 (1) SA 345 (SCA) in which it was stated that: ‘The South African courts not only have a legal but also a socio-economic and political duty to encourage the selection of South Africa as a venue for international arbitrations. International arbitration in South Africa will not only foster our comity among the nations of the world, as well as internation trade but also bring about the influx of foreign spending to our country.’
Chief Justice Zondo said the way the SCA spoke in this passage about SA sent a message that if you want arbitration, SA is the place to go to. He added that arbitrators in SA have improved in the techniques of dispute resolution and the courts have benefited by adapting and adopting the said improvements.
The Arbitration Foundation of Southern Africa hosted the Johannesburg Arbitration Week at the Sandton Convention Centre in April 2024. Here the arranging committee are pictured with Chief Justice Raymond Zondo. (Photo supplied.)
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
