What is .za Alternative Dispute Resolution (ADR) ?
Domain Name Dispute Resolution
The Minister of Communications promulgated the Alternative Dispute Resolution Regulations in November 2006 to resolve disputes relating to domain names registered in the co.za domain.
Extension of ADR Regulations to apply to Org.za, Net.za, and Web.za
On the 11 December 2015, Minister of Telecommunications and Postal Services (the Honourable Dr. Siyabonga Cwele) has gazetted the amendment of the .ZA Alternative Dispute Resolution (ADR) Regulations, which extends the application of the Regulations to domain name disputes in Org.za, Net.za, and Web.za. Read here
In terms of the ADR Regulations, the .ZA Domain Name Authority (ZADNA) is mandated to accredit suitable service providers to provide ADR services, and to receive fees from the providers for each resolved dispute.
There are currently two ADR service providers:
South African Institute of Intellectual Property Law (SAIIPL)
The South African Institute of Intellectual Property Law (SAIIPL) is accredited as a dispute resolution provider in terms of the .za Alternate Dispute Resolution Regulations.
SAIIPL was established in 1954 and represents over 140 patent attorneys, patent agents, trade mark practitioners and academics in South Africa who specialise in the field of Intellectual Property Law. SAIIPL has a large panel of independent and experienced adjudicators, taken from the most experienced practising attorneys, advocates and academics in the field, to determine disputes lodged with it.
Arbitration Foundation of Southern Africa
The Department of Communications has recently renewed AFSA's national accreditation to provide arbitration services for domain name disputes. AFSA continues to forge a strong path with respect to the administration of .co.za domain name disputes to its broad programme of activities.
AFSA's extensive list of panellists appointed to adjudicate these disputes include Senior and Junior Counsel with wide-ranging experience in the intellectual property and information technology fields. This means AFSA can provide suitable arbitrators for any .co.za domain name dispute, no matter the complexity.