ZADNA highly values the protection of intellectual property and other rights in the registration of .za names. This kind of protection means that the .za namespace can be trusted. To achieve this goal, ZADNA has an Alternative Dispute Resolution (ADR) process that is intended to allow aggrieved parties to lodge disputes of .za domain names, and have their disputes resolved in a faster and more cost-effective way than courts of law.
The Minister of Communications promulgated the Alternative Dispute Resolution (ADR) Regulations in November 2006 to resolve disputes relating to domain names registered the co.za domain. In terms of the ADR Regulations, the Authority is mandated to accredit suitable service providers to provide ADR services, and to receive fees from the providers for each resolved dispute.
There are two panels that can hear a dispute. Fees differ depending on the panel chosen:
One (1) adjudicator panel – for a fee of R10 000 (ten thousand Rand)
Three (3) adjudicator panel – for a fee of R24 000 (twenty four thousand Rand)
The parties to a dispute choose the panel they wish to use.
How to become an ADR provider
Parties interested in becoming accredited .za ADR providers should apply to ZADNA. Applications for accreditation will be processed during the ordinary course of business. Application requirements are listed in Regulations 37 and 38 of the ADR Regulations. Download the regulations below.
Applications should be submitted by email to [email protected], by post to ZADNA, P.O. Box 4620, Halfway House, 1685, South Africa, or by hand to ZADNA, 44 Grand Central Road, Sanofi House, Halfway House, Midrand, 1685, Gauteng, South Africa.
Applications should not exceed 20 pages (excluding attachments) and should adhere to 1.5 spacing and a font of 12. Proposals posted or hand-delivered must be accompanied by a soft copy (CD/DVD or memory stick) that will not be returned.
ADR enquiries should be emailed to [email protected]. You can also contact ZADNA by phone on +27 (0)10 020 3910.
Who are current ADR providers?
ZADNA currently has the Arbitration Foundation of Southern Africa and the South African Institute of Intellectual Property Law as its accredited ADR providers.
ADR financial assistance
The ADR Regulations require each provider to pay 10% of the fee of each resolved dispute to ZADNA. ZADNA is required to use this money to set up a fund to assist those persons wanting to lodge ADR disputes, but having no money to afford the ADR fees.
ZADNA’s has application procedure and eligibility guidelines that applicants should use to apply for ADR financial assistance. An application form can be downloaded here
The ADR regulations require ZADNA to publish all ADR decisions in its website. All decisions to date are listed here...