An arbitrator is a neutral third party who helps resolve disputes between two or more parties through arbitration, which is a form of alternative dispute resolution (ADR). Unlike a judge in a courtroom, an arbitrator does not work for the state but is selected by the parties involved in the dispute. The primary function of an arbitrator is to listen to both sides of a dispute, review the evidence and testimony, and make a decision that is legally binding. This decision is referred to as an arbitral award.
Functions of an Arbitrator
Arbitrators perform several key roles to ensure that disputes are resolved fairly and impartially:
- Conducting Hearings
An arbitrator presides over hearings, where both parties present their arguments, submit evidence, and testify. The arbitrator ensures that all parties adhere to the agreed-upon rules of the arbitration process. - Making Decisions
After reviewing the case, an arbitrator makes a decision, which may include issuing monetary awards or ordering other remedies. These decisions are final and binding, offering the same legal weight as a court judgment. - Ensuring Rules Are Followed
Arbitrators ensure that the arbitration process follows the rules established in the arbitration agreement. This agreement often dictates how the arbitration will be conducted, including the selection of the arbitrator, the location of the hearing, and the arbitration rules to be applied. - Maintaining Neutrality
An arbitrator must remain impartial and neutral, without favoring any party. This is crucial to maintaining the fairness of the arbitration process.
Qualifications of an Arbitrator in South Africa
In South Africa, arbitrators are often legal professionals with advanced qualifications. They typically hold a Bachelor’s degree in Law or Political Science, along with practical experience in legal or dispute resolution fields. Strong communication and decision-making skills are essential for an arbitrator to assess evidence, evaluate testimonies, and ultimately make fair rulings.
Arbitration Agreement and Arbitrator Selection
The arbitration agreement between the parties involved plays a central role in the arbitration process. This agreement outlines the qualifications and selection criteria for the arbitrator, the arbitration rules, and the procedures to follow. It is important to ensure that the agreement specifies the criteria for selecting an arbitrator to ensure that the dispute is handled by someone with the appropriate expertise.
The Role of the CCMA in South Africa
In South Africa, the Commission for Conciliation, Mediation, and Arbitration (CCMA) is a key institution that facilitates arbitration in labor disputes. Established under the Labour Relations Act of 1995, the CCMA is responsible for resolving disputes between employees and employers, including matters related to unfair dismissals, disputes over wages, and working conditions.
Arbitrators appointed by the CCMA play an essential role in maintaining labor peace and promoting social justice. They ensure that workplace disputes are handled efficiently and in accordance with the Constitution of the Republic of South Africa, which emphasizes fairness in the workplace.
Why Choose Arbitration?
Arbitration offers several advantages over traditional court proceedings:
- Cost-effective: Arbitration is often quicker and less expensive than going to court.
- Confidential: Arbitration hearings are typically private, protecting sensitive business information.
- Binding: The decision made by an arbitrator is final and enforceable, similar to a court judgment.
In South Africa, arbitration is a popular choice for resolving workplace disputes, particularly in sectors governed by the CCMA.
Overview of Public Universities in South Africa
Here's an overview of some public universities in South Africa, including general admissions requirements and estimated application periods. Keep in mind, specific program requirements and dates can vary significantly, so it's important to check each university's official website for the most current information.
University of Pretoria
- Admissions Requirements: National Senior Certificate with minimum scores in specific subjects related to the chosen program; for international students, equivalent qualifications.
- Application Period: Usually opens in March and closes at the end of July for most programs.
University of Cape Town
- Admissions Requirements: National Senior Certificate with pass levels required for degree study; subject-specific requirements depending on the program.
- Application Period: Application opens in April and closes at the end of July.
Stellenbosch University
- Admissions Requirements: National Senior Certificate with required marks; some programs have additional testing.
- Application Period: Opens in March and typically closes at the end of June.
University of the Witwatersrand
- Admissions Requirements: Matriculation certificate with university exemption; required scores vary by faculty.
- Application Period: Begins in March and ends on the 30th of September.
University of Johannesburg
- Admissions Requirements: Matric exemption with a minimum APS score; specific subject requirements based on the faculty.
- Application Period: Opens in April and generally closes by the 30th of September.
University of the Free State
- Admissions Requirements: National Senior Certificate with specific marks for the program applied to; additional requirements for certain courses.
- Application Period: Typically opens in April and closes at the end of August.
University of Venda
- Admissions Requirements: Completion of the National Senior Certificate with an endorsement for diploma or degree studies; specific APS scores needed.
- Application Period: Usually from May to September.
University of Fort Hare
- Admissions Requirements: National Senior Certificate with university exemption; certain programs may have specific requirements.
- Application Period: Opens around May and closes at the end of September.
University of the Western Cape
- Admissions Requirements: National Senior Certificate with specific performance levels; additional requirements for certain programs.
- Application Period: Generally from May to September.
North-West University
- Admissions Requirements: National Senior Certificate with university exemption; program-specific requirements may apply.
- Application Period: Opens in March and usually closes by the end of August.
Rhodes University
- Admissions Requirements: National Senior Certificate or equivalent; minimum academic performance in certain subjects.
- Application Period: Applications open in April and close at the end of September.
Nelson Mandela University
- Admissions Requirements: National Senior Certificate with required scores for chosen programs; portfolio or additional tests for some faculties.
- Application Period: Opens in April, with a deadline at the end of August for most programs.
Cape Peninsula University of Technology
- Admissions Requirements: National Senior Certificate with specific scores; additional requirements for certain courses.
- Application Period: Opens in May and typically closes by the end of September.
University of Limpopo
- Admissions Requirements: Senior Certificate with endorsement for diploma or degree courses; specific APS scores for different programs.
- Application Period: From April to September.
University of Zululand
- Admissions Requirements: National Senior Certificate with an endorsement for bachelor’s degree studies; specific score requirements for various programs.
- Application Period: Usually between April and November.
Central University of Technology
- Admissions Requirements: National Senior Certificate with specific scores for the chosen field of study; additional criteria for certain programs.
- Application Period: Application period generally starts in May and ends in October.
Vaal University of Technology
- Admissions Requirements: National Senior Certificate with a pass that qualifies for admission to bachelor’s degree, diploma, or higher certificate programs.
- Application Period: Typically from May to September.
Walter Sisulu University
- Admissions Requirements: National Senior Certificate with required scores for chosen programs; additional criteria for certain faculties.
- Application Period: From April to September.
This list provides a starting point for understanding the admissions landscape across South Africa's diverse higher education institutions. Given the variability in programs and requirements, it's crucial to consult each university's website for the most accurate and up-to-date information.