PRESIDENTS PANEL OF ARBITRATORS, ADJUDICATORS AND …...11 ARBITRATOR/ADJUDICATOR/ AMICABLE SETTLEMENT FACILITATOR PERSONAL INFORMATION NAME: LEONARDO ARTHUR ERRERA ACADEMIC QUALIFICATIONS:

1

PRESIDENTS PANEL

OF

ARBITRATORS,

ADJUDICATORS

AND

AMICABLE SETTLEMENT

FACILITATORS

(INCL. MEDIATORS & NEUTRALS)

IN CONSTRUCTION WORKS

CONTRACTS

(NOT LIMITED TO CIVIL ENGINEERING CONSTRUCTION

DISPUTES)

Published by the South African Institution of Civil Engineering (SAICE)

Revised September 2018

2

EASTERN CAPE

ARBITRATOR/ADJUDICATOR/ AMICABLE SETTLEMENT FACILITATOR

PERSONAL INFORMATION

NAME: Gerhard (Gerrie) Conrad Albertyn

ACADEMIC QUALIFICATIONS: B.Sc. B.Eng. (Stell), B.Eng. (Hon) Civ (Pta),

Certificate Course Ass Arb Mod 1, 2 completed

Fellowship Course Ass Arb Mod 3 completed

Financial Management and Investments(Unisa)

Certificate Property Development Programme

Graduate School of Business (UCT)

MEMBERSHIP OF

INSTITUTIONS/SOCIETIES:

Pr Eng . SAICE, AArb

POSTAL ADDRESS: PO Box 32312 ,Summerstrand, Port Elizabeth, 6019

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(041) 583 2572

-------------------

082 888 1313

[email protected]

OCCUPATION: Semi-retired

PRINCIPAL AREAS OF EXPERIENCE: Project Management, Civil Engineering

(transportation, roads &SW, shallow foundations,

township services, pavement design, principle agent

NMBM WC Stadium, Sport Facilities, Major arterials

& interchange design.) Arbitration, Mediation,

Adjudication.

PREFERRED AREAS OF

INVOLVEMENT

Arbitrator, Mediator, Adjudicator,

mailto:[email protected]

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NAME: Tony Ashford

ACADEMIC QUALIFICATIONS: BSc (Eng) (Civil); MSc (Eng)

MEMBERSHIP OF


Pr Eng; MSAICE; FAArb; Member – Dispute Review

Board Foundation

POSTAL ADDRESS: PO Box 15666, Emerald Hill, 6011

TEL NO: (Work)

(Fax)

(Cell)

(Email)

041 379 3561

No fax

083 227 7562

[email protected]

OCCUPATION: ADR Practitioner - Civil Engineer

PRINCIPAL AREAS OF EXPERIENCE: Alternate dispute resolution – member of dispute

boards - civil engineering infrastructure works,

contract documentation, contract administration.

PREFERRED AREAS OF

INVOLVEMENT

Eastern Cape; Western Cape; Gauteng; KZN

ADJUDICATOR/ AMICABLE SETTLEMENT FACILITATOR


NAME: Mr PH de Bruin Pr. Eng

ACADEMIC QUALIFICATIONS: B. Eng (Civil); Cert Advanced Project Management

and Cert Senior Management

MEMBERSHIP OF


ECSA (Pr. Eng) IMESA (Professional Member)

POSTAL ADDRESS: 10A Lotus Avenue, SUNRIDGE PARK, Port

Elizabeth 6045

TEL NO: (Work)

(Fax)

(Cell)

(Email)

0824477669

0866593707

0824477669

[email protected]

OCCUPATION: Civil Engineering, Contracts Management &

Administration, Claims/Procurement-Specialist at PH

de Bruin & Associates (Owner)

PRINCIPAL AREAS OF EXPERIENCE: Municipal Engineering, Procurement and Claims

Specialist, Tender and Construction Law

PREFERRED ARE OF INVOLVEMENT Mediation/Adjudication Claims Dispute prevention &

resolution, appeals/objections iro incorrect awards.



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AMICABLE SETTLEMENT FACILITATOR


NAME: Gerhardus Johannes (Gerhard) du Plessis, Pr Eng;

PR CPM

ACADEMIC QUALIFICATIONS: B.Sc. Civil Engineering ( UP) - 1976

NQF 7 (LIC) - 2009

MEMBERSHIP OF

INSTITUTIONS/SOCIETIES: CESA – Retired Principal;

SAICE - Member

POSTAL ADDRESS: P.O. Box 119888, Tecoma, 5214. (East London)

TEL NO: (Work)

(Fax)

(Cell)

(Email)

043-726 4913

0865310468

082 651 4251

[email protected]/[email protected]

OCCUPATION: Retired Consulting Civil/Structural Engineer

PRINCIPAL AREAS OF EXPERIENCE: Procurement & Construction Contract

Documentation; Construction Project Management;

Conceptual Planning and Design; Labour Intensive

Construction; Water Supply and Sanitation; Expert

Witness; Forensic Investigation.

PREFERRED AREAS OF

INVOLVEMENT: No specific preference and any geographic area in

SA.



NAME: IL Huisman

ACADEMIC QUALIFICATIONS: B Eng (Civil)

MEMBERSHIP OF


ECSA, CESA, MSAICE, SAISC, IMESA,CSSA

POSTAL ADDRESS: 120 Cape Road, Mill Park, Port Elizabeth, 6001

TEL NO: (Work)

(Work & Fax)

(Cell)

(Email)

(041) 373 5121

(041) 3735119

082 651 5610

[email protected]

OCCUPATION: Consulting Civil / Structural Engineer

PRINCIPAL AREAS OF EXPERIENCE: Civil Services, building works and project

management

PREFERRED AREAS OF

INVOLVEMENT

One appointment at a time

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NAME: David John Gordon McIntosh

ACADEMIC QUALIFICATIONS: B.Sc Civil Engineering ( UCT)

MEMBERSHIP OF

INSTITUTIONS/SOCIETIES

PR ENG ( Registration No: 20170097)

POSTAL ADDRESS: P.O. Box 15115, Emerald Hill, 6011. ( Port Elizabeth)

TEL NO: (Work)

(Fax)

(Cell)

(Email)

041-3686367

041-3686156

0825675109

[email protected]

OCCUPATION: Retired Engineer

PRINCIPAL AREAS OF EXPERIENCE: Roads, Earthworks,Township Services, Earth &

Rollcrete Dams, Pipelines

PREFERRED AREAS OF

INVOLVEMENT Roads( Not Premix problems), Earthworks, Township

Services, Earth & Rollcrete Dams, Pipelines

ADJUDICATOR/MEDIATOR AMICABLE SETTLEMENT FACILITATOR


NAME: Joubert Nell

ACADEMIC QUALIFICATIONS:

Pr Tech Eng

Certificate in Arbitration (AoA SA)

Programme in Construction Adjudication (Univ. of Pretoria)

NQF Level 7 LIC

MEMBERSHIP OF


ECSA, MSAICE, AA Arb, CAASA

Associate Member Association of Arbitrators (SA)

Member Construction Adjudication Association (SA)

POSTAL ADDRESS: 19 Jasmine Avenue, Sunridge Park, Port Elizabeth, 6045

TEL NO: (Work)

(Fax)

(Cell)

(Email)

W: +27 41 811 2478

F: N/A

C: +27 82 789 4312

E: [email protected]

OCCUPATION: Director and Consulting Engineering Principal at InConsult

Engineers (Pty) Ltd

PRINCIPAL AREAS OF

EXPERIENCE:

Construction Contracts using FIDIC, GCC and JBCC.

Contract Law, Construction Claims, Disagreements and

Disputes

PREFERRED AREA OF

INVOLVEMENT

Civil Engineering & Building Construction Contracts,

Construction Contract Management & Administration,

Contract Law and Construction / Contractual Claims,

Dispute Prevention and Resolution,


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Alternative Dispute Resolutions (ADR):

o Amicable Settlement,

o Mediation,

o Expert Determination,

o Adjudication,

o Dispute Adjudication Boards

ARBITRATOR/ AMICABLE SETTLEMENT FACILITATOR


NAME: M Rivarola

ACADEMIC QUALIFICATIONS: Pr Eng, BSc Eng, (Mech) H.Dip.Arb

MEMBERSHIP OF


SAACE, ECSA, SPE, MSAIMechE, MCorrlSA,

MIorrISA, MAFSA, Fellow Ass of Arb, NFPA,

FPSA

POSTAL ADDRESS: 4 Belgrave Road, Belgravia, East London, 5201

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(0431) 7438 266

(0431) 7430 599

082 900 7514

[email protected]

OCCUPATION: Consulting Engineer Principal

PRINCIPAL AREAS OF EXPERIENCE: Contracts, Construction. Professional Services

PREFERRED AREAS OF

INVOLVEMENT

As above


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ARBITRATOR


NAME: Michael James Winstanley

ACADEMIC QUALIFICATIONS: LLM Construction Law and Arbitration

MEMBERSHIP OF


Fellow Association of Arbitrators, Member-Chartered

Institute of Arbitrators

POSTAL ADDRESS: 1 Gordon View Gonubie 5257

TEL NO: (Work)

(Cell)

(Email)

(043) 7403025

071 5885538

[email protected]

OCCUPATION: Contract Specialist/ADR Practitioner

PRINCIPAL AREAS OF EXPERIENCE: Civil Engineering & Building

PREFERRED AREAS OF

INVOLVEMENT

Any of the above


PERSONAL INFORMATION Also available for WESTERN CAPE

NAME: Willem Hendrik Olivier

ACADEMIC QUALIFICATIONS: B.Ing.; Hons. B-(B. and A.); M.Ing.; MBA; Cert. F.AArb;

Certificates in Specialisation in Construction Law,

Commercial Mediation, Arbitration in the Construction

Industry and Advanced Dispute Resolution

MEMBERSHIP OF


MSAICE; Pr.Eng - ECSA; Pr.CPM - SACPCMP

Fellow of the Association of Arbitrators (S A)

Commercial Mediator with Conflict Dynamics and Africa

Centre for Dispute Settlement

General Commercial Mediator and Arbitrator with the

Arbitration Foundation of SA

SAICE, AoA, AFSA and cidb panels‘ member of mediators,

dispute adjudicators and arbitrators

POSTAL ADDRESS: PO Box 20307, Humewood, 6013

TEL NO: (Work)

(Cell)

(Email)

(041) 583 4056

083 593 5506

[email protected]

OCCUPATION: Retired Contracts and Projects Manager – now private

Dispute Resolution Practitioner

PRINCIPAL AREAS OF Contract and project management of FIDIC, GCC, JBCC,


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EXPERIENCE: PROCSA, ECSA and NEC multi-disciplinary design and

construction contracts

PREFERRED AREAS OF

INVOLVEMENT

Mediation, adjudication, arbitration and claims consultant of

commercial, engineering and construction disputes



NAME: Stuart Riddle

ACADEMIC QUALIFICATIONS: HNDT Civil Engineering

MEMBERSHIP OF

INSTITUTIONS/SOCIETIES: Fellow Association of Arbitrators (Southern Africa)

SACPCMP Professional Construction Manager

POSTAL ADDRESS: PO Box 176, Patensie, 6335

TEL NO: (Work)

(Fax)

(Cell)

(Email)

042 2830892

083 250 2165

[email protected]

OCCUPATION: Mediator Arbitrator Adjudicator

PRINCIPAL AREAS OF EXPERIENCE: All aspects of all civil services, major roadworks, bulk

earthworks and domestic building under GCC,

CSRA,JBCC2000,NEC3, FIDIC, COLTO

PREFERRED AREAS OF

INVOLVEMENT Arbitration, Adjudication and Mediation in Civil and

Building contracts



NAME: MW Watson

ACADEMIC QUALIFICATIONS: BSc (Eng) MPA, Pr Eng, C Eng

MEMBERSHIP OF

INSTITUTIONS/SOCIETIES: FSAICE MICE

POSTAL ADDRESS: 26 Country Place, Hawthorne Avenue, Sunridge Park,

Port Elizabeth 6045

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(041) 360 4408

086 6710552

082 7507060

[email protected]


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OCCUPATION: Retired Civil Engineer

PRINCIPAL AREAS OF EXPERIENCE: Local Government and Contract Administration,

Bridges, Road and Water Supply installations.

Completed 100 Mediations and Adjudications related to

these matters.

PREFERRED AREAS OF

INVOLVEMENT Any of the above matters

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GAUTENG

ARBITRATOR


NAME: JA Croswell

ACADEMIC QUALIFICATIONS: BSc Eng

MEMBERSHIP OF


PrEng, FSAICE, MICE , C Eng

POSTAL ADDRESS: Box 480 Rivonia 2128 Gauteng

TEL NO: (Work)

(Fax)

(Cell)

(Email)

011 239 5370

N/A

0834075109

[email protected]

OCCUPATION:

Specialist Consultant :Civil Infrastructure

PRINCIPAL AREAS OF EXPERIENCE: Civil Engineering, township development Labour

Intensive Construction

PREFERRED AREAS OF

INVOLVEMENT

Civil, LIC



NAME: Patrick Francis (Frank) Crowley

ACADEMIC QUALIFICATIONS: BE University of Ireland (Cork) Senior Executive

Programme MIT USA

MEMBERSHIP OF


Pr Eng, FSAICE,FSAAE, FAArb(SA) Member of

DRBF

Accredited Mediator LSM

POSTAL ADDRESS: PO Box 3808 Halfway House 1685

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(011) 4681175

(86)7162767

082 373 4000

[email protected]

OCCUPATION: Civil Engineer

PRINCIPAL AREAS OF EXPERIENCE: Major Projects, Freeways; Tunnels; Pipelines;

Railways; Contract Mining; General Construction;

Waste Management

PREFERRED AREAS OF

INVOLVEMENT

As above


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NAME: LEONARDO ARTHUR ERRERA

ACADEMIC QUALIFICATIONS: BSc (Civil Eng) University of Cape Town

MSc (Civil Eng) University of Cape Town

Diploma (Arbitration) A.Arb. Southern Africa

MSc (Construction Law & Dispute Resolution) (Merit)

Leeds Metropolitan (Beckett) University UK

MEMBERSHIP OF


MSAICE MICE AAArb(SA) MCIArb

POSTAL ADDRESS: Unit 33 Kruinsig, 992 Clifton Ave

Die Hoewes, Centurion 0157

TEL NO: (Work)

(Fax)

(Cell)

(Email)

Preferred contact: [email protected]

OCCUPATION: Dispute Resolution Consultant

PRINCIPAL AREAS OF EXPERIENCE: Project Management

Dispute Resolution and Claims Management,

Roads, Materials, Geotechnical

Temporary support structures, reservoirs,bridges

(minor),

irrigation schemes, township services.

Structural design – industrial and residential

PREFERRED AREAS OF

INVOLVEMENT

Dispute Resolution and Claims Management

Mediations / Arbitrations / Adjudications

Financial Management and Forensic Analysis



NAME: Jonathan J.M. Ely

ACADEMIC QUALIFICATIONS: BSc (Civil Engineering) University Witwatersrand

MEMBERSHIP OF


ECSA Registered Professional Engineer

Post Graduate Diploma in Project Management

(University of the Witwatersrand)LLB

UNISA;Certificate in Specialisation in Construction

Law (Association of Arbitrators); Diploma in

Construction Adjudication (University of Pretoria)

MSAICE; FAArb; Associate Member Chatered

Institute of Arbitrators

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POSTAL ADDRESS: P O Box 11788, Rynfield 1514

TEL NO: (Work)

(Fax)

(Cell)

(Email)

010 0602992

None

083 6268794

[email protected]

OCCUPATION: Civil Engineer/Commercial Specialist

PRINCIPAL AREAS OF EXPERIENCE: Commercial management of large engineering and

construction contracts and dispute resolution.

PREFERRED AREAS OF

INVOLVEMENT

Any aspect of dispute resolution



NAME: Andrew Lindsay Griffiths

ACADEMIC QUALIFICATIONS: BSc (Hons), MSc, MBA, HDip Arbitration

MEMBERSHIP OF


Pr Eng FSAICE, CEng FICE, FAArb (SA)

Member – Dispute Resolution Board Foundation

(DRBF)

FIDIC President‘s List of Approved Dispute

Adjudicators

CIDB Panel of Dispute Adjudicators

ICE-SA Panel of NEC Dispute Adjudicators

CESA President‘s List of Arbitrators, Mediators and

Adjudicators

POSTAL ADDRESS: PO Box 103, Cramerview, 2060

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(011) 4639172

082 786 3895

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: Claims adjudication, dispute resolution, contract

administration, contract, finance and project

management. Particularly dams, tunnels, pipelines

and general civil engineering works

Over 35 years‘ experience most of which involved

large to mega-projects and multi-national joint

ventures dealing with major international construction

companies.

PREFERRED AREAS OF

INVOLVEMENT

No preference

13



NAME: Brian Edwin Hollingworth


BSc(Eng) University of Cape Town

MSc University of London

MBA University of Pretoria

LLb UNISA

MEMBERSHIP OF


Fellow: SAICE

Fellow: Association of Arbitrators Southern Africa

Member: Institute of Directors

POSTAL ADDRESS: Suite 63, Biz-X-Press, Private Bag X2, LONEHILL, 2062

(Cell)

(Email) 0832650277

[email protected]



NAME: Neville Gurry

ACADEMIC QUALIFICATIONS: BSc (Hons) Civ Eng, MSc Adv Struct Eng, London

Business School (3 month course on Management)

MEMBERSHIP OF


FSAICE, MICE

POSTAL ADDRESS: PO Box 391, Rivonia, 2128

TEL NO: (Work)

(Fax)

(Cell)

(Email)

082 881 7266

Neville,[email protected]

OCCUPATION: Professional and Chartered Engineer

PRINCIPAL AREAS OF EXPERIENCE: Multi-disciplinary Construction, Contracts and

Claims

PREFERRED AREAS OF

INVOLVEMENT

Having had extensive experience in Multi-

disciplinary lump sum turnkey Construction, happy

to mediate on any construction or design related

issues.


14

OCCUPATION: Arbitrator and consultant

PRINCIPAL AREAS OF

EXPERIENCE:

Large water resource projects and other infrastructure.

FIDIC, GCC and JBCC

PREFERRED AREAS OF

INVOLVEMENT

Mediation, adjudication, arbitration of any construction

disputes



NAME: Daniel Johannes (Dennis) Lourens

ACADEMIC QUALIFICATIONS: B Ing (Civ), Arbitration Certificate, NQF Level 7

Labour Intensive

MEMBERSHIP OF


Pr Eng, Pr CM, FAArb, MCESA

POSTAL ADDRESS: PO Box 76144, Lynnwood Ridge, 0040

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(012) 8030961

(012) 3614443

083 253 0142

[email protected]

OCCUPATION: Prof Engineer, Prof Consulting Engineer, Expert

Witness, Claims Consultant

PRINCIPAL AREAS OF EXPERIENCE: More than 30 years‘ experience in dispute resolutions

involving GCC, COLTO, JBCC, NEC and FIDIC

contracts.

PREFERRED AREAS OF

INVOLVEMENT

Industry related disputes representing clients or

contractors with regards, to roads, streets, storm

water, water, sewer, infrastructure, structures or

building projects.

15

ARBITRATOR


NAME: David H Marx

ACADEMIC QUALIFICATIONS: M Eng, UP, (Construction and Project Management)

MBA (Wits)

Advanced Certificate in Alternative Dispute Resolution (With

Distinction), AFSA/University of Pretoria

MEMBERSHIP OF


ECSA (Pr Eng. 880361)

SAICE

AFSA General Commercial Panel of Arbitrators

SACCPM Registered Project Manager

POSTAL ADDRESS: 27 College Ave, Baileys Muckleneuk, Pretoria, 0181

TEL NO: (Cell)

(Email)

0828222133

[email protected]

OCCUPATION: Professional Civil Engineer, Commercial- Risk- and Project

Manager

PRINCIPAL AREAS OF

EXPERIENCE:

Full life cycle of transportation: Planning, Concept/feasibility,

design, implementation and operation. Roads, Airports and

Rail. Public Private Partnerships, Risk-Management, and

Project Management and general commercial management,

Disputes relating to valuation of claims and contract

variations, delay and disruption claims, insurance claims

technical specification compliance claims and operations

related claims. Intensive engagement in a range of multi-

billion Rand disputes on the Gautrain Project over a period of

12 years.



NAME: Patrick Michael Mace-Lane

ACADEMIC QUALIFICATIONS: BA LLB

MEMBERSHIP OF


The Society of Advocates – SA

Member of England, Scotland and Wales, Grays Inn,

LCIA, FAArb, FCAArb, (South Africa and Past

Chairman, Arbitration Foundation South Africa),

The Korean Commercial Arbitration Board, ICC

International Chambers of Commerce Court, Paris,

Listed on panel of Arbitrators SA, Member of Dispute

Resolution Board USA, Listed Arbitrator of the

Dubai International Arbitration Centre, AMSAICE,

Member of Technology Construction Bar Association

(UK) (TECBAR) Member of the Scoiety of

tel:082%20822%202133

16

Construction Arbitrators (UK), Accredited Mediator

of the General Council Bar (UK).

POSTAL ADDRESS: P O Box 652668, Benmore 2010

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(011) 535 0800

(011) 447 7281

(011) 783 4474

[email protected]

OCCUPATION: Advocate

PRINCIPAL AREAS OF EXPERIENCE: Construction Law

PREFERRED AREAS OF

INVOLVEMENT

Construction & Commercial Disputes

ADJUDICATOR/ ARBITRATOR/MEDIATOR AMICABLE SETTLEMENT FACILITATOR


NAME: Dr Hylton K J Macdonald

ACADEMIC

QUALIFICATIONS:

B.Sc.(Hon)(Cum Laude)(Civil Engineering)- Wits 1976 Ph.D. (Civil Engineering)- Wits 1982 PMP - Wits 1984 AMP - Harvard 1994 Certificate in Arbitration - AArb 2013 Fellowship Certificate in Arbitration- AArb 2015

MEMBERSHIP OF


Fellow of the South African Institute of Civil Engineers Fellow of the Institution of Civil Engineers (UK) Fellow of the Institute of Arbitrators Fellow of the South African Academy of Engineers Member of the Society of Professional Engineers Member of the Dispute Resolution Board Foundation Member of the Concrete Society of South Africa Professional Engineer - Membership No 850055 Chartered Engineer - Membership No 481638 UIDIP Professional Engineer – Membership No 6073

POSTAL ADDRESS: P O Box 67615 Bryanston South Africa 2021

TEL NO: (Work)

(Fax)

(Cell)

(Email)

+27 82 375 6800 N/A +27 82 375 6800 [email protected]

OCCUPATION: Consulting Engineer


17

PRINCIPAL AREAS OF

EXPERIENCE:

Civil and Building structures including bridges, water and sewage treatment works, industrial and process plants, power stations, chimneys, slid structures, marine works, dams and other associated and related concrete structures. Roads and Earth works, including construction, paving (concrete, asphalt and other), dams, underground power houses, tunnels and other related and associated works. Rail track maintenance and construction, Oil, gas and water pipelines.

PREFERRED AREA OF

INVOLVEMENT

Amicable settlement facilitator, mediator, adjudicator, or arbitrator.



NAME: Professor Robert Thorburn McCutcheon

ACADEMIC QUALIFICATIONS: BSc (Eng)Civil; MSc; D Phil

MEMBERSHIP OF


FSAICE Pr Eng; ICE (UK) Fellow; C Eng

POSTAL ADDRESS: P O Box 43 Wits, 2050

TEL NO: (Work)

(Fax)

(Cell)

(Email)

27 117819710

27 11 7819711

27 836294783

[email protected];[email protected]

OCCUPATION: Professor Emeritus of Civil & Environmental

Consultant

PRINCIPAL AREAS OF EXPERIENCE: Project and Programme Formulation, Implementation,

Monitoring & Evaluation Research and Teaching:

Project and Programme Management Skills

Development and Employment Creation in the

Construction Industry, with particular reference to

Labour-intensive Construction & Maintenance

including Principle Policy; legislation;regulation;and

expanded Public Works Programme (EPWP);

education; training; project design and contract

documentation; project implementation; monitoring

and evaluation.

PREFERRED AREAS OF

INVOLVEMENT

As above.

18



NAME: RS Parker

ACADEMIC QUALIFICATIONS: BSc (Hons) Civ, MBA

MEMBERSHIP OF


Pr Eng, FSAICE, C Eng, MICE, AArb

POSTAL ADDRESS: PO Box 70897 Bryanston 2021

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(011) 456 6398

(011) 706 5575

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: Contracts and contractual relationship, risk

identification, analysis, allocation, transfer and

management, insurance risk transfer, contractual and

insurance claims, major complex projects, especially

design build and SPR, concession contracts and PPP‘s

PREFERRED AREAS OF

INVOLVEMENT

As above

ADJUDICATOR/ /MEDIATOR AMICABLE SETTLEMENT FACILITATOR


NAME: Jeff Pipe

ACADEMIC QUALIFICATIONS: ND Civil Eng; NHD Civil Eng; Civ Eng Occus

(University of Cape Town 3rd

& 4th year) MDP Gibb;

Cert in Arbitration (SA AofA). Pr Eng, Pr CPM, Pr C

Mentor.

MEMBERSHIP OF


Member of SAICE; ECSA( Pr Eng); SACPCMP (Pr

CPM, Pr CMentor); Member of Association of

Arbitrators. Member of Construction Adjudication

Association of SA.

POSTAL ADDRESS: Postnet Suite 160, Private Bag X19, Gardenview,

2047

TEL NO: (Work)

(Cell)

(Email)

011 608 3108

083 308 1088

[email protected]

OCCUPATION: Director of Project Management- Archway Projects

Director of Contract Management- SPD Consulting

PRINCIPAL AREAS OF EXPERIENCE: Worked for LTA building, Anglo American, De

Beers, TWP Consulting, Basil Read Matomo then

own companies in roles of that of Employer, or


19

Engineer, or Contractor on EPC and EPCM projects

on renewable energy, mining, government projects,

developers on roads, buildings (housing, offices,

schools), civil engineering works, mining works,

water works, process plants; automobile plants, wind

turbines and solar plants. Contracts being: bespoke,

GCC, JBCC, FIDIC and NEC

PREFERRED AREA OF INVOLVEMENT Mediation and Adjudication on all construction

projects.



NAME: Roelf Nel

ACADEMIC QUALIFICATIONS: LLB (UP), Civil Commercial Mediator (RICS)

MEMBERSHIP OF


Law Society of the Northern Provinces (LSNP)

Royal Institution of Chartered Surveyors (RICS)

RICS Presidents Panel Mediator

Member of the Chartered Institute of Arbitrators

(MCIArb)

DRS Panel of the Pretoria Institute of Architecture

(PIA)

POSTAL ADDRESS: 154 Stilgelee Avenue, Die Wilgers, Pretoria

TEL NO: (Work)

(Work & Fax)

(Cell)

(Email)

083 393 8530

086 670 0513

083 393 8530

[email protected]

OCCUPATION: Attorney

PRINCIPAL AREAS OF EXPERIENCE: Construction & Engineering law


20



NAME: Dr Eddie Otte

ACADEMIC QUALIFICATIONS: MS, MSc (Eng.), D Sc (Eng), Diploma in Arbitration.

MEMBERSHIP OF


Retired. Used to be a Fellow at SAICE and a Member

at CESA

POSTAL ADDRESS: 34 Eldoraigne Retirement Estate, Private Bag X 09,

Wierda Park 0149

TEL NO: (Work)

(Cell)

(Email)

012 007 1734

081 042 0299

[email protected]

OCCUPATION: Retired Civil Engineer.

PRINCIPAL AREAS OF EXPERIENCE: Civil Engineering. Geotechnical work, road materials,

Â cement and concrete, contract and project

Management, Contract Law

PREFERRED AREAS OF

INVOLVEMENT

Construction disputes e.g. completion dates,

quantities, payment certificates.


21



NAME: Adv Peter Alan Aston Ramsden

ACADEMIC QUALIFICATIONS: BSc (Civil Engineering), BCom, MBL, LLB

Author of books on Arbitration, Construction Law

and Intellectual Property Law – published by Juta

Law

MEMBERSHIP OF


ECSA, SAICE, Advocate of the High Court of South

Africa

POSTAL ADDRESS: Chenin Blanc No 6, 227 Pleiades Street, Waterkloof

Ridge, 0181

TEL NO: Cell

Email

082 557 9927/

l)[email protected]

OCCUPATION: Advocate, Engineer

PRINCIPAL AREAS OF EXPERIENCE: Contract and Construction Law, Dispute resolution

PREFERRED AREAS OF

INVOLVEMENT

Adjudicator, Mediator, Arbitrator .Contract Law,

Infrastructure Financing and Feasibility Studies


22



NAME: AW Robinson

ACADEMIC QUALIFICATIONS: GDE

MEMBERSHIP OF


Pr Eng, MSAACE

POSTAL ADDRESS: PO Box 2861, Northcliff, 2115

TEL NO: (Work)

(Fax)

(Cell)

(Email)

082 610 1223

[email protected]

OCCUPATION: Consulting Civil Engineer

PRINCIPAL AREAS OF EXPERIENCE: Road construction materials, Civil engineering,

Geotechnical engineering

PREFERRED AREAS OF

INVOLVEMENT

Civil, Roads, Materials, Storm water, Geotechnics



NAME: Bruce Raath PrEng CEng

ACADEMIC QUALIFICATIONS: BSc Civ Eng, Advance Concrete Technology

Diploma (Univ of London), Certificate Course

Association of Arbitrators

MEMBERSHIP OF


Pr Eng, C Eng, FSAICE, MICT (UK), AMIStructE,

AAArb

POSTAL ADDRESS: Postnet Suite 682, Private Bag X 153, Bryanston,

2021

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(011) 469 1711

(011) 469 1711

083 326 5851

[email protected]

OCCUPATION: Retired Engineer engaged in consulting and training

in the field of concrete technology and reinforced

concrete structures.

PRINCIPAL AREAS OF EXPERIENCE: Disputes regarding design and construction of

reinforced concrete structures and floors and general

concrete technology.

PREFERRED AREAS OF

INVOLVEMENT

Matters regarding the use of concrete and other

contractual matter worldwide.


23



NAME: CJ Robinson

ACADEMIC QUALIFICATIONS: BSc Eng, Dip Arb

MEMBERSHIP OF


PR Eng, MSAICE, AAArb

POSTAL ADDRESS: PO Box 2973, Pretoria, 0001

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(012) 3497900

(012) 460 2134

082 786 6149

[email protected]

OCCUPATION: Civil Engineer (MD of Jeffares and Green Pty Ltd)

PRINCIPAL AREAS OF EXPERIENCE: Project Management, Contracts, General Civils

PREFERRED AREAS OF

INVOLVEMENT

Contractual disputes



NAME: David Ian Spooner

ACADEMIC QUALIFICATIONS: B.Sc Eng (Civil) University of the Witwatersrand

Fellowship Qualification- Association Of Arbitrators

(SA)

MEMBERSHIP OF


Pr.Eng (ECSA), MSAICE, Fellow Member of the

Association of Arbitrators (SA), Member

Construction Adjudication Association of South

Africa

POSTAL ADDRESS: 15 Eridge Road, Forest Town, Johannesburg. 2193

TEL NO: (Work)

(Fax)

(Cell)

(Email)

011 646 0878

No

+27 82 332 0082

[email protected]

OCCUPATION: Specialist Commercial Consultant

PRINCIPAL AREAS OF EXPERIENCE: Heavy Civil Engineering Construction, All Civil and

Building Infrastructure Work, Extensive exposure to

dispute resolution under most forms of contract

during career including JBCC, GCC, FIDIC Suite,

NEC. International bespoke contracts.



24

PREFERRED AREAS OF

INVOLVEMENT

No particular restriction.

No preference.

ARBITRATOR/ADJUDICATOR


NAME: Dennis Sinkonde

ACADEMIC QUALIFICATIONS: BEng (Civil), MSc (Highway)

MEMBERSHIP OF


FAArb, Pr Eng, REng(Zambia), MSAICE, MEIZ

POSTAL ADDRESS: Suite 79, Private Bag X18, Honeydew, 2040

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(011) 907 6700

(011) 869 7434

071 670 1365

[email protected]/[email protected]

OCCUPATION: Director : Aphane Consulting

PRINCIPAL AREAS OF EXPERIENCE: Construction claims in all disciplines using JBCC,

GCC and FIDIC Conditions of Contract

PREFERRED AREAS OF

INVOLVEMENT

Civil Engineering related works particularly roads

and materials


25



NAME: Adv Hubert Thompson

ACADEMIC QUALIFICATIONS: B Eng (Civ), B Comm, LLB

MEMBERSHIP OF


Fellow of the South African Institution of Civil

Engineering

Member of the Dispute Resolution Board Foundation

Admitted and authorised to practice as an advocate of

the High Court of South Africa

Registered as a Professional Engineer with the

Engineering Council of South Africa

POSTAL ADDRESS: PO Box 912494, Silverton, 0127

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(012) 804 8494

086 732 1580

083 787 1707

[email protected]

OCCUPATION: Technical legal advisor on civil works, water,

environmental, institutional and policy issues

PRINCIPAL AREAS OF EXPERIENCE: Civil construction contractual matters, technical and

legal aspects regarding dispute avoidance and

resolution procedures.

I am accurate, careful, precise, systematic, logical and



NAME: Kevin Basil Spence

ACADEMIC QUALIFICATIONS: BSc Eng (Civ)

MEMBERSHIP OF


Pr Eng, MSAICE, FAArb, FIQ

POSTAL ADDRESS: PO Box 98739, Sloane Park, 2152

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(011) 803 3653

083 675 4349

[email protected]

OCCUPATION: Consultant

PRINCIPAL AREAS OF EXPERIENCE: Roads / Surfacing; Dispute resolution: FIDIC

Specialist. All Civil Works, including roads, bridges,

buildings, pipelines, dams and water retaining

structures.

PREFERRED AREAS OF

INVOLVEMENT

Dispute Resolution



26

compliant. I am also a determined, reliable, good

listener, deliberate and dependable person. Under

pressure, I am strong, a self -starter, initiator and alert

when a stressful situation appears.

Therefore I could be a good neutral for amicable

settlements procedures, adjudicator, arbitrator or

board member to either resolve or avoid disputes.

I present a 2 day practical course "The legal process

dealing with Construction disputes" and a 1 day

course ―Adjudication and Arbitration: How to deal

with challenges‖ as part of the continuous

professional development of persons registered in

terms of the Engineering Profession Act 46 of 2000

and the Project and Construction Management

Professions Act 48 of 2000.

PREFERRED AREAS OF

INVOLVEMENT

Any of the above principle areas and fields associated

with them, with no particular restrictions



NAME: Heronim (Ron) Tluczek

ACADEMIC QUALIFICATIONS: B.Sc. (Civil Engineering)

MEMBERSHIP OF


Engineering Council of South Africa (Reg No.

810459)

Member South African Institution of Civil Engineers

Associate Member Association of Arbitrators

Chairman South African National Committee on

Tunnelling (SANCOT) I am now a Fellow of South

African Institution of Civil Engineers (amendment)

I am the South African Representative on the

International Tunnelling Association General

Assembly (addition

POSTAL ADDRESS: PO Box 50224, Randjiesfontein, 1683

TEL NO: (Work)

(Cell)

(Email)

( 011 519 4600

+27 82 572 0517

[email protected] [email protected]

(private)

OCCUPATION: Geotechnical Civil Engineer

PRINCIPAL AREAS OF EXPERIENCE: Geotechnical Civil Engineer

PREFERRED AREAS OF

INVOLVEMENT

Mediation and adjudication in all geotechnical

matters, expert witness, claims evaluation



27



NAME: Anton van Langelaar

ACADEMIC QUALIFICATIONS: MSc, BEng (Hons), BEng, Fellowship Certificate in

Arbitration – AoA (SA), Certificates in Financial

Management

MEMBERSHIP OF


FIDIC President‘s List of Approved Dispute

Adjudicators

PrEng, MSAICE, FAArb (SA), MCIArb, PMP®

CD/ACDS/CEDR Accredited Commercial Mediator

SAICE and CESA Presidents‘ Lists of Arbitrators,

Mediators and Adjudicators

AoA - Arbitrator, Adjudicator and Mediator Panel

FIDIC – Affiliate Member

Member – Dispute Resolution Board Foundation

(DRBF) (also RSA Country Representative)

Member – Society for Construction Law

POSTAL ADDRESS: PO Box 66073, Highveld, 0169

TEL NO: (Work) / (Fax); (Cell)

(Email)

+27 12 665 1987; +27 71 857 6867

[email protected] / [email protected]

OCCUPATION: Dispute Avoidance and Resolution Practitioner;

Dispute Board and Contracts Specialist; Project

Manager; Civil Engineer.

PRINCIPAL AREAS OF EXPERIENCE: Dispute Board Specialist. Dispute avoidance,

resolution and management; Contracts specialist

advice; Programme and project management, claims

and disputes management and contract

administration; Mega and large project design,

procurement and construction. International and

domestic technical expertise and experience include -

High speed rail, intercity rail and commuter rail (civil

and structural works, track, stations, depots, core

systems); TBM, NATM, C&C and immersed tube

tunnels; Waste water and water treatment plants; RCC

dams, acid mine drainage, large diameter steel

pipelines and pump stations, roads, bridges and

buildings. Jurisdictions of experience include Roman-

Dutch Law, Common Law, Civil Law and State of

New York Law.

PREFERRED AREAS OF

INVOLVEMENT

Dispute Boards, Mediation and Adjudication



28



NAME: Adv. Emile P Van der Hoven PrEng.

ACADEMIC QUALIFICATIONS: BScEng(Civ), HonsBusAdmin, LL.B and LL.M

MEMBERSHIP OF


Member SAICE, Registered with ECSA as

Professional Civil Engineer, admitted Advocate of the

High Court of SA. Chairman of the International

Society of Mediators and Arbitrators.

POSTAL ADDRESS: PO BOX 22244, Helderkruin 1733.

TEL NO: (Work)

(Fax)

(Cell)

(Email)

011 760 9116

086 582 5703

083 431 7853

[email protected]

OCCUPATION: Consulting Civil Engineer and practising Advocate.

PRINCIPAL AREAS OF EXPERIENCE: Structures, Roads, Water, Civil Services, construction

law, legal disputes and construction disputes.



NAME: BRYAN WESTCOTT

ACADEMIC QUALIFICATIONS: B.Sc. Eng. (Civil) Wits, Cert in Arbitration (Assoc. of

Arb), Cert in Adjudication (UP) Accredited Mediator

(LSM).‖

MEMBERSHIP OF


Pr.Eng, C.Eng, Pr.CM, FSAICE, MICE, Assoc. of

Arb. CAASA.

POSTAL ADDRESS: PO. BOX 564, Cramerview 2060

TEL NO: (Work)

(Fax)

(Cell)

(Email)

087 700 2803

086 504 2384

083 653 3620

[email protected]

OCCUPATION: Professional Civil Engineer, Mediator and

Adjudicator

PRINCIPAL AREAS OF EXPERIENCE: Civil Engineering Construction and Training

PREFERRED AREAS OF

INVOLVEMENT

Mediations and Adjudications in Civil construction

disputes.



29

KWA-ZULU-NATAL



NAME: Graham Cox

ACADEMIC QUALIFICATIONS: B Com, LLB

MEMBERSHIP OF


KZN Law Society, Association of Arbitrators

Southern Africa

POSTAL ADDRESS: PO Box 913, Umhlanga Rocks, 4320

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(031) 536 8519

(031) 536 8500

0827854608

[email protected]

OCCUPATION: Attorney

PRINCIPAL AREAS OF EXPERIENCE: Contract Law

PREFERRED AREAS OF

INVOLVEMENT



30



NAME: Simon Gerard Joubert

ACADEMIC QUALIFICATIONS: B. Sc. Eng (Civil)

MEMBERSHIP OF

INSTITUTIONS/SOCIETIES: Pr. Eng. SLC Africa Pr. Eng. MSAICE F. A. Arb

POSTAL ADDRESS: 14 Armstrong Drive, Wembley, Pietermaritzburg,

3290

TEL NO: (Work)

(Cell)

(Email)

033 347 1600

082 827 8055

[email protected]

OCCUPATION: Civil Engineer,

PRINCIPAL AREAS OF EXPERIENCE: Water, roads, structures

PREFERRED AREAS OF

INVOLVEMENT Construction and building related disputes



NAME: Grant Norman Lister-James

ACADEMIC QUALIFICATIONS: BSc Civ Eng



NAME: John H Godfrey

ACADEMIC QUALIFICATIONS: BSc (Hons) Civil Eng, MSc (Construction

Management)

MEMBERSHIP OF


C Eng. MICE (UK); Pr Eng (SA); SAICE; Fellow

AoArb (SA)

POSTAL ADDRESS: PO Box 231, Ballito, 4420

TEL NO: (Work)

(Cell)

(Email)

(032) 946 3760

082 920 6116

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: Dispute Resolution; Civil & building works; Program

analysis.

PREFERRED AREAS OF

INVOLVEMENT

Arbitration; adjudication; mediation; expert witness.



31

MEMBERSHIP OF


Pr Eng, SAICE, AArb

POSTAL ADDRESS: PO Box 35421, Northway, 4065

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(031) 566 2683

086 684 4560

[email protected]

OCCUPATION: Structural Engineer

PRINCIPAL AREAS OF EXPERIENCE: Structural Engineer

PREFERRED AREAS OF

INVOLVEMENT



NAME: Ian Sinclair Massey

ACADEMIC QUALIFICATIONS: Dip Eng

MEMBERSHIP OF


CEng. MICE

POSTAL ADDRESS: 4A Uve Road Kloof KZN 3610

TEL NO: (Work)

(Cell)

(Email)

031 7640811

082 574 9868

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: Commercial & Contractual Consulting

PREFERRED AREAS OF

INVOLVEMENT

No preferences



NAME: HI May

ACADEMIC QUALIFICATIONS: BSc (Civ Eng), MSc (Eng), PhD, DIC

MEMBERSHIP OF


Pr Eng, SAACE, MSAICE

POSTAL ADDRESS: PO Box 3669, Durban 4000

TEL NO: (Work)

(Fax)

(031) 304 2630

(031) 304 6657


32

(Cell)

(Email)


PRINCIPAL AREAS OF EXPERIENCE: Design of Building Structures

PREFERRED AREAS OF

INVOLVEMENT

Building Malfunction



NAME: STEPHEN DAVID POORTER

ACADEMIC QUALIFICATIONS: BScEng(Civil), BCom, Advanced Construction Law

MEMBERSHIP OF


Pr Eng, Professional Engineer ECSA,

Pr CM, Professional Construction Manager

SACPCMP,

Member SAICE,

Fellow of Association of Arbitrators

POSTAL ADDRESS: 11 Douglas Road, Cowies Hill, 3610



NAME: Richard Morgan

ACADEMIC QUALIFICATIONS: BSc(Civil) Eng. Pr Eng. FAArb, LLB.

MEMBERSHIP OF


Professional Engineer ECSA, MSAICE, Member

KZNMBA, FAArB

POSTAL ADDRESS: UNIT 1 GLEN NAVAR 18 CHURCHILL AVE LA

LUCIA 4051

TEL NO: (Work)

(Fax)

(Cell)

(Email)

031 572 6262

086 510 5058

083 792 6262/083 7826063

[email protected]

OCCUPATION: PROFESSIONAL CIVIL ENGINEER/ PROJECT

Manager

PRINCIPAL AREAS OF EXPERIENCE: CIVIL AND BUILDING CONSTRUCTION

PREFERRED AREAS OF

INVOLVEMENT

DISPUTES ARISING FROM MAJOR BUILDING

AND CIVIL ENGINEERING CONTRACTS.


33

TEL NO: (Work)

(Fax)

(Cell)

(Email)

031 702 3629

086 587 2384

083 307 0172

[email protected]

OCCUPATION: Civil Engineer, Project Executive

PRINCIPAL AREAS OF EXPERIENCE: Civil and Building Construction

PREFERRED AREAS OF

INVOLVEMENT

Construction Disputes



NAME: GA Moore


MEMBERSHIP OF


MSAACE, MSAICE, MSAISE, MIStructE, Pr Eng

POSTAL ADDRESS: PO Box 543, Kloof, 3640

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(031) 7621198

(031) 764 0153

082 4411157

[email protected]

OCCUPATION: Retired Partner: AA Loudon & Partners

PRINCIPAL AREAS OF EXPERIENCE: Structural Engineer

PREFERRED AREAS OF

INVOLVEMENT

Building Structures, Civil Structures, Soil/Structure

interaction, Refurbishment/Rehabilitation of

Structures


NAME: Dr MF Mitchell

ACADEMIC QUALIFICATIONS: D Eng, M Admin;Ph.D (Transport Economics)

MEMBERSHIP OF


Pr Eng, FSAICE,

POSTAL ADDRESS: 4 Nkutu House, 7 Nkutu Road, Hillcrest, 3610

TEL NO: (Home)

(Cell)

(Email)

(031) 765 1046

083 4600353

[email protected]


34

OCCUPATION: Civil Engineer (Retired as Deputy Director General,

Transport)

PRINCIPAL AREAS OF EXPERIENCE: 40 Years‘ experience in Transport Policy and

Strategy, Roads, Contract Administration,

Urban/Public Transport,Transportation Planning &

Management, Roads, Construction, Tunnelling Policy

making.

PREFERRED AREAS OF

INVOLVEMENT

Roads (all aspects, including contracts), Public

Transport, Transport Policy and Administration



NAME: JV Smith


MEMBERSHIP OF


MSAICE,

POSTAL ADDRESS: PO Box 1223, Kloof, 3640

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(031) 764 3975

(031) 764 4545

082 459 9968

[email protected]

OCCUPATION: Consulting Civil and Structural Engineer

PRINCIPAL AREAS OF EXPERIENCE: Civil Engineering, Infrastructure – roads, sewerage,

storm water drainage, water reticulation

PREFERRED AREAS OF

INVOLVEMENT



NAME: Rod Stewart

ACADEMIC QUALIFICATIONS: B. Eng (Civil) University of Stellenbosch 1986

M. Eng (Civil) University of Stellenbosch 1988

MEMBERSHIP OF


ECSA (960428)

SAICE (970153)

Association of Arbitrators of Southern Africa

(Fellow) (3536)

POSTAL ADDRESS: PO Box 13888, Cascades, 3202


35

TEL NO: (Work)

(Fax)

(Cell)

(Email)

+27 33 347 7945

+27 33 347 7950

+27 82 331 0668

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: Construction Management; Project Management,

Roads and Earthworks, NEC Contracts, FIDIC

Contracts, GCC Contracts, African Infrastructure

Projects

PREFERRED AREAS OF

INVOLVEMENT

Disputes pertaining to infrastructure construction

projects in either public or private sector. Happy to

work anywhere in South Africa and most Sub-

Saharan Africa countries.



NAME: Errol Tate

ACADEMIC QUALIFICATIONS: BSc Eng (Civil), MBA, Certificate in Construction

Adjudication

MEMBERSHIP OF


Pr. Eng. ECSA, MSAICE

POSTAL ADDRESS: P O Box 1595 Westville 3630

TEL NO: (Work)

(Fax)

(Cell)

(Email)

031 2624001

-

082 4525504

[email protected]

OCCUPATION: Technical Consultant and Adjudicator

PRINCIPAL AREAS OF EXPERIENCE: Roads (Urban & Rural) Dams, Airfields, Power

Stations, Pipelines, Major Industrial and Building

Projects

PREFERRED AREAS OF

INVOLVEMENT

All Construction related disputes in Civil, Building

and Multi-disciplinary projects



36



NAME: Clive Wilson

ACADEMIC QUALIFICATIONS: BSc (Civil Engineering) Univ of Natal 1973 ; MS

Univ California (Geotechnical Engineering) 1981 ;

Certificate in Arbitration ; Certificate in Arbitration ;

Certificate in Mediation

MEMBERSHIP OF


Member SAICE ; Fellow Association of Arbitrators

(Southern Africa)

POSTAL ADDRESS: PO Box 6060, Kirtlington, Hillcrest, 3624

TEL NO: (Work)

(Cell)

(Email)

(031) 765 5798

082 464 6157

[email protected]

[email protected]

OCCUPATION: Consulting Civil Engineer, Arbitrator, Part-time

lecturer at UKZN in contract law

PRINCIPAL AREAS OF EXPERIENCE: Structural and Geotechnical, civil engineering,

including tunnels and other underground work

PREFERRED AREAS OF

INVOLVEMENT

Civil, Structural and geotechnical engineering



37

WESTERN CAPE

ARBITRATOR


NAME: Chris Binnington

ACADEMIC QUALIFICATIONS: BSc Hons, MBL (UNISA)

MEMBERSHIP OF


FIMechE, FAArb

POSTAL ADDRESS: 2nd

Floor Tannery Office Park, Belmont Road,

Rondebosch 7700

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(021) TBA

082 807 4053

[email protected]

OCCUPATION: Managing Director Binnington Copeland &

Associates

PRINCIPAL AREAS OF EXPERIENCE: Construction claims in all disciplines

PREFERRED AREAS OF

INVOLVEMENT

No particular restrictions



NAME: Tony Cooksey PrEng, PrCPM, FAArbSA

ACADEMIC QUALIFICATIONS: BScEng Civil(WITS), Cert Project Management

UCT, Certificate in Arbitration.

MEMBERSHIP OF


MSAICE, M-Joint Structural Division, FAArbSA

POSTAL ADDRESS: PO Box 988 Sun Valley 7985

TEL NO: (Work)

(Fax)

(Cell)

(Email)

O21 785 7256

+2782 377 8800

[email protected]

OCCUPATION: Construction Dispute Resolution

PRINCIPAL AREAS OF EXPERIENCE: Roads, Ports and Structures

PREFERRED AREAS OF

INVOLVEMENT

Roads and Structures (Buildings & Bridges)

38



NAME: WD Claassen

ACADEMIC QUALIFICATIONS: National Diploma for Technicians, BSc Hons

Engineering. Higher Diploma in Arbitration.

MEMBERSHIP OF


FSAICE, FAArb, Pr Eng

POSTAL ADDRESS: P O Box 10845, Danabaai, 6510

TEL NO

(Cell)

(Email)

082 715 9384

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: Dispute Resolution for GCC, JBCC,FIDIC NEC

PREFERRED AREAS OF

INVOLVEMENT

.



NAME: JT Grobbelaar

ACADEMIC QUALIFICATIONS: GD, BSc (Eng), B Com, LLB, GRE (Water)

MEMBERSHIP OF


MSAICE, MSAIMechE, AArb, MWISA, Advocate

of the High Court admitted Pretoria 1961

POSTAL ADDRESS: 8 Strathcona, Road, Oranjezicht, Cape Town, 8001

TEL NO: (Work)

(Home)

(Cell)

(Email)

(021) 465 2435

(021) 461 2861

[email protected]

OCCUPATION: Arbitration, Mediation, Alternative Dispute

Resolution

PRINCIPAL AREAS OF EXPERIENCE: Construction Contracts, Portable and waste water

treatment

PREFERRED AREAS OF

INVOLVEMENT




39



NAME: Mark Ilbury

ACADEMIC QUALIFICATIONS: M Dip Tech (Civ Eng), LLB (Cum Laude)

MEMBERSHIP OF


FAArb, MSAICE

POSTAL ADDRESS: 40A Newlands Road, Claremont, Cape Town 7708

TEL NO: (Work)

(Fax)

(Cell)

(Email)

0824561717

[email protected]

OCCUPATION: Construction Lawyer

PRINCIPAL AREAS OF EXPERIENCE: Construction related disputes in the field of

extensions of mine defects, variations, cancellations

and damages

PREFERRED AREAS OF

INVOLVEMENT

Both



NAME: John Cellarius Hulme

ACADEMIC QUALIFICATIONS: B Sc Eng (UCT), GDE (UCT), MDP PM (UNISA)

MEMBERSHIP OF


FSAICE, FAArb, MSACPCMP

POSTAL ADDRESS: PO Box 50069, Waterfront, 8002

TEL NO: (Work)

(Home)

(Fax)

(Cell)

(Email)

(021) 417 2180

(021) 434 0576

(021) 417 2190

083 276 1111

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: Civil and Structural Engineering

PREFERRED AREAS OF

INVOLVEMENT

Building and Engineering contracts



40



NAME: NAC Nilen


MEMBERSHIP OF


Pr Eng, MICE, MSAICE, C Eng, FAArb

POSTAL ADDRESS: PO Box 107 Plettenberg Bay 6600

TEL NO: (Work)

(Email)

066 3068808

[email protected]

OCCUPATION: Civil Engineer, currently practicing as a consultant

specialising in dispute resolution

PRINCIPAL AREAS OF EXPERIENCE: Dams, roads, Railways, pipelines, heavy civil

concrete works, structural steelwork, transmission

lines, thermal and hydroelectric power, marine works.

23 years in contracting, 27 years as a consultant.

Adjudication, Arbitration, DAB‘s mediation.

PREFERRED AREAS OF

INVOLVEMENT

All of the above



NAME: Peter L Odell

ACADEMIC QUALIFICATIONS: MSs Eng (Mining), BSc Eng (Civ), B Com LLB,

Mine Manager‘s Certificate competency

MEMBERSHIP OF


Pr Eng, MSAICE, MSAIMM, FAArb

POSTAL ADDRESS: 4 Starboard Street, Admiral Island, Port Own,

Velddrif, 7365

TEL NO: (Work)

(Cell)

(Email)

(022) 783 1186

082 9431667

[email protected]

OCCUPATION: Retired Commercial Executive

PRINCIPAL AREAS OF EXPERIENCE: Civil, Geotech and mining

PREFERRED AREAS OF

INVOLVEMENT

Civil, Geotech and mining


41



NAME: Willem Vlok

ACADEMIC QUALIFICATIONS: BSc, B Eng

MEMBERSHIP OF


Pr Eng, B.Sc.B. Eng(Civil); Pr Eng AAASA

POSTAL ADDRESS: 7 Hongerblom Street, Van Rhynsdorp 8170

TEL NO: (Work)

(Cell)

(Home)

(Email)

072 4303445

(035) 550 0409

[email protected]

OCCUPATION: Civil Engineering and Construction Contracts. Roads

and Structures Infrastructure

PRINCIPAL AREAS OF EXPERIENCE: Transportation & Infrastructure

PREFERRED AREAS OF

INVOLVEMENT

Transportation & Infrastructure



NAME:

Frik van der Merwe, Pr.Eng

ACADEMIC QUALIFICATIONS: B.Sc; B.Eng (Civil)

MEMBERSHIP OF


SAICE; ECSA; AoA, CESA

POSTAL ADDRESS: PO Box 10932, George, 6530

Resident in George, Western Cape Province

TEL NO: (Work)

(Fax)

(Cell)

(Email)

044 873 2615

086 657 1903

083 250 4045

[email protected]

OCCUPATION: Consulting Civil Engineer (retired from Africon, now

Aurecon)



42

PRINCIPAL AREAS OF EXPERIENCE: Claims and Dispute Resolution

Extensive experience with standard specifications

employed for civil engineering work in Southern

Africa, as well as the relevant conditions of contract.

These include, inter alia, CSRA 1986, SAICE (1990

and 2004), FIDIC (1984 and 1999 suites), SANS

1200, SADC and COLTO.

Fully au fait with FIDIC 1999 and GCC 2010

Adjudication procedures.

Acted as Adjudicator, Mediator or Arbitrator on

several disputes, and also assisted clients as specialist

advisor/expert in proceedings towards dispute

resolution through litigation or arbitration.

PREFERRED AREAS OF

INVOLVEMENT

Mediation; Adjudication and ADR

Expert evidence on road accident disputes



NAME: Ivan Vos

ACADEMIC QUALIFICATIONS: Pr. Eng; BSc (Eng)(Civil)

Accredited Mediator Association of Arbitrators

(Southern Africa) & London School of Mediation

MEMBERSHIP OF


MSAICE; AA Arb;

POSTAL ADDRESS: PO Box 50, Kalk Bay, Western Cape, 7990

TEL NO: (Work)

(Fax)

(Cell)

(Email)

+27 21 788 7586

+27 83647 0822

[email protected]


PRINCIPAL AREAS OF EXPERIENCE: 45 years Post Graduate experience in Railways, Civil

Structures, Township Infrastructure, Major Roads &

Bridges, Harbours, Marine Works, Dams & Building

Work – a large portion gained in Africa (outside

South Africa)

PREFERRED AREAS OF

INVOLVEMENT

All types of Civil Engineering and Building

Construction (Rail; Roads; Infrastructural Services;

Heavy Industrial Concrete Works; Industrial,


43

Commercial & General Building Works)

Insurance Claims

Dispute Management, Avoidance and Resolution.



NAME: Theunis van Zyl

ACADEMIC QUALIFICATIONS: Pr Tech Eng, Pr CPM, Pr CM, B Tech Eng, Cert in

Arbitration, Cert in MDP

MEMBERSHIP OF


SAICE, ECSA, SACPCMP, AASA,

POSTAL ADDRESS: PO Box 547, Brackenfell, 7561

TEL NO: (Work)

(Fax)

(Cell)

(Email)

(021) 981 4229

(021) 981 4298

071 108 9540

[email protected]

OCCUPATION: Full-time Contract, Claims and Dispute Consultant,

Independent Arbitrator, Mediator and Adjudicator at

Van Zyl & Associates

PRINCIPAL AREAS OF EXPERIENCE: Multi-Disciplinary Engineering inclusive of Civil, I

Structural. Roads and building Projects, Railway

Engineering, Contract Management &

Administration, Dispute prevention and resolution,

claims consultant, arbitration, mediation and

adjudication of Construction contracts under GCC

2004/2010, JBCC 2000, FIDIC & NEC

PREFERRED AREAS OF

INVOLVEMENT

Dispute prevention, resolution and adjudication,

mediation and arbitration – GCC 2004/2010, JBCC,

FIDIC, NEC



NAME: Christian A W Schumann

ACADEMIC QUALIFICATIONS: B. Sc., M. Eng, Mediation (UCT)

MEMBERSHIP OF


SAICE

POSTAL ADDRESS: 4 BergenSee, P/B X06, HERMANUS 7200

TEL NO: (Work) 0533823012


44

(Fax)

(Cell)

(Email)

0283122492

0722526287

[email protected]

OCCUPATION: Retired Engineer on SAICE P.D.& P.

PRINCIPAL AREAS OF EXPERIENCE: Roads, Municipal

PREFERRED AREAS OF

INVOLVEMENT

Mediation, Adjudication



NAME: BH Spottiswoode

ACADEMIC QUALIFICATIONS: BSc, B Eng (Civ)

MEMBERSHIP OF


FSAICE, ASAAArb

POSTAL ADDRESS: Private 1091, Helderberg Village, Private Bag X19,

Somerset West

TEL NO: (Work)

(Cell)

(Email)

(021) 855 5075

083 267 46797

[email protected]

OCCUPATION: Civil Engineering Consultant

PRINCIPAL AREAS OF EXPERIENCE: Road Pavement design, Road construction, Dam

design and construction, construction materials,

geotechnics, dispute resolution

PREFERRED AREAS OF

INVOLVEMENT

As above



NAME: Ric Snowden

ACADEMIC QUALIFICATIONS: BSc (Civil) cum laude, GDE

MEMBERSHIP OF


FSAICE, CSSA, SAISC, ECSA, CESA

POSTAL ADDRESS: P O Box 1632 Plettenberg Bay 6600

TEL NO: (Work)

(Fax)

(Cell)

(Email)

044 533 0188

083 419 1911

[email protected]

OCCUPATION: Civil/Structural Engineer


45

PRINCIPAL AREAS OF EXPERIENCE: Civil/Structural design and management of industrial,

power, commercial and retail projects

PREFERRED AREAS OF

INVOLVEMENT

Expert witness and dispute resolution, including

adjudication of claims, investigation of failures

46

NORTHERN CAPE



NAME: Wynand Frederik Bloem

ACADEMIC QUALIFICATIONS: BSc (BEng) (Civil) University of Stellenbosch, BEng

(Hons) (Construction Management) University of

Pretoria, Higher Diploma in Arbitration with

Specialization in Construction Contract Law:

Association of Arbitrators (Southern Africa),

Certified Mediator meeting the National DISAC and

International Civil Mediation Council requirements

through the Society of Mediator's School of

Mediation, London in Association with the

Association of Arbitrators Southern Africa

MEMBERSHIP OF


Pr Eng with ECSA, Member SAICE, Fellow

Association of Arbitrators (Southern Africa)

(FAArb), Project Management Professional with PMI

Pennsylvania USA (PMP), Member firm CESA and

Member firm of the Master Builders Association

(MBA) Northern Cape.

POSTAL ADDRESS: Postnet Suite #167, Private Bag X2, Diamond. 8305

TEL NO: (Work)

(Home)

(Fax)

(Email)

+27 72 241 2309

+27 72 241 2309

[email protected]

OCCUPATION: Consultant

PRINCIPAL AREAS OF EXPERIENCE: Commercial, Construction and Project Management,

Dispute resolution. NEC, JBCC, GCC, FIDIC

PREFERRED AREAS OF

INVOLVEMENT

All disciplines on Projects in the Construction,

Building, Mining, Petro Chemical fields.


47

SAICE

ADJUDICATOR’S PANEL

48

TONY ASHFORD Pr Eng, FAArb – Independent Consultant

Date of Birth: 21 June 1946

Academic Qualifications: B.Sc. Eng. (Civil) 1970; M.Sc. Eng. 1975

Nationality: British (and RSA Citizen)

Registrations: ECSA, 1983; Association of Arbitrators (SA) – Fellow, 2003;

Member – Dispute Resolution Board Foundation.

Tony Ashford has 45 years of experience in the design and contract management of a variety of civil

engineering projects in the Southern and Central African region. He has played a leading role as both

project manager and team member in a number of significant projects and has specialized in: the

preparation of planning and study reports; contract law, including formal training and experience in

alternative dispute resolution procedures; contract documentation (FIDIC, GCC ‗Blue Book‘, JBCC

and other forms) and the supervision of major construction projects for public and private sector

clients and various international agencies such as the World Bank, KFW, ADB, EU and others. He

now concentrates on assisting in the avoidance of and/or the resolution of contractual disputes through

his appointments to Dispute Boards or by direct appointments as arbitrator, mediator or facilitator (in

the case of amicable settlements).

EARLIER ASSIGNMENTS:

Highway Construction and Maintenance Engineer for the Botswana National Transport Study in

association with Hoff and Overgaard from Denmark;

―The Engineer‖ under FIDIC Conditions of Contract for Mahalapye-Serule Road, Lobatse-

Ramatlabama Road, Dumela-Ramogkwebana Road, Komana-Sehitwa Road, Sefophe-Martin‘s Drift

Road (all in Botswana);

―The Engineer‖ under FIDIC Conditions of Contract for many urban and rural infrastructure projects

in Botswana, Mozambique, Lesotho, Swaziland and Zambia;

Specialist consultant appointed by UNCHS (Habitat) to undertake a study of the storm water drainage

and fresh water supply systems for the island of Male in the Maldives;

Project Director (Contract Management) for 12 contracts undertaken for the Komati Basin Water

Authority during the construction of the Maguga Dam in Swaziland involving detailed input over a 5

year period;

Project Director (Contract Management) for the expansion of the Woodlands Water Treatment Works

and associated facilities in Mbabane for the Swaziland Water Services Corporation, including all pre-

contract tender processes to World Bank requirements involving 3 contracts over a 4 year period;

Expert witness for arbitration proceedings and township planning board hearing

RECENT ASSIGNMENTS:

Arbitrator for resolution of civil engineering and building contract disputes;

Contracts Specialist for the Trans-Caledon Tunnel Authority (TCTA) Vaal Pipeline Project

(VRESAP) - an emergency scheme transferring raw water from the Vaal dam to Secunda;

Contract Specialist for the TCTA Mokolo-Crocodile Water Augmentation Project to supply bulk raw

water to Medupi Power Station;

Contracts Specialist for the Maputo Water Supply Project Component 2 (Mozambique) funded by

EU;

Expert witness in arbitration between residential township developer and consulting engineering

company;

Litigation support services assisting in preparations for major arbitration relating to Vaal Pipeline

Project.

Facilitator for amicable settlements between Nelson Mandela Bay Metro and civil contractor;

Provision of independent contractual opinion for Concor Roads and Earthworks relating to SANRAL

Contract NR2, Section 11, Coega to Colchester,

49

Provision of independent contractual opinions for Metolong Authority, Lesotho, relating to the new

Metolong Water Treatment Works and subsequent assistance in dispute board proceedings;

Facilitator for amicable settlements between Nelson Mandela Bay Metro and Civil Contractor;

Provision of independent contractual opinion for Murray and Roberts Infrastructure relating to

SANRAL Contract NR2, Section 20, Ngcweleni River to Brookes Nek;

Mediator for dispute between Nelson Mandela Bay Metro and Mechanical/Electrical Contractor.

DAB/DRB ASSIGNMENTS:

One man DAB (sole adjudicator) for Mowana Copper Mine open cast contract at Dukwe, Botswana

(value BWP1.75 billion);

DAB Member for the Livingstone – Sesheke – Katima Mulilo Road funded by KFW for the Zambian

Ministry of Works and Communications;

DAB Member of an ad-hoc board for a dispute between Eskom and Alstom (now ACTOM -

mechanical and electrical contractor) relating to the turbine generator foundations for Kusile Power

Station in Mpumalanga, currently under construction;

DAB Member for the TCTA Komati Water Scheme Augmentation Project (value R688 million);

DRB Member for disputes on the Nata-Kazungula Road in Botswana;

One man DAB (sole adjudicator) for TCTA Western Basin Acid Mine Drainage Contract in Gauteng

(R450 million);

DAB Member for Kusile Power Station main civil works contract (initial value R3.5 billion);

DAB Member for TCTA Eastern Basin Acid Mine Drainage Contract in Gauteng (R1 billion);

One man ad-hoc DAB for a dispute relating to the Central Basin Acid Mine Drainage.

Periodic course presenter (for the last 10 years) for SA Road Federation courses in Contract

Documentation and Contract Administration for civil engineering contracts (presenting several 3-day

courses per year to delegates from the public and private sectors)

50

CHRIS BINNINGTON BSc (Hons) Eng, MBL

Address: 2nd

Floor, Tannery Office Park, Belmont Road, Rondebosch

Telephone: (021) TBA

Fax: (021) TBA

Email: [email protected]

Membership of Professional Institutions

Pr Eng, F.I.MechE, F.A.A.Arb

Experience and fields of work

Multi Diplomacy Construction, Project Management Dispute Resolution

Chris Binnington has written and presented on more than 20 occasions a 1 day CESA accredited

course on adjudication. He is on Transnet, ESKOM and SAICE panels of adjudicators. He has acted

as adjudicator in over 20 disputes and was the Chairman of the DAB for the Port Elizabeth 2010

stadium. He has assisted in a number of organisations to set up and train their adjudication panels

including the Coega Development Corporation; Windhoek City Council; and Amplats. In addition he

has assisted the claimant or the defendant to prepare and present their submissions in more than 40

disputes. He has lectured construction contract law through 1 and 2 day courses to more than 8 000

delegates over the past 20 years and has been the Chairman of the Association of Arbitrators

(Southern Africa) for the past 12 years. He has written Rules for the conduct of adjudications and

developed an improved timeline for the conduct of adjudications.

Specializing in Dispute resolution

51

WYNAND FREDERIK BLOEM

Office: 2 Hugo Street, Monument Heights, Kimberley

Postal Address: Postnet Suite #167, Private Bag X2, Diamond. 8305.

E-mail: [email protected]

Cell: 072 241 2309

BSc (BEng) (Civil) University of Stellenbosch, BEng (Hons) (Construction Management) University

of Pretoria, Higher Diploma in Arbitration with Specialization in Construction Contract Law:

Association of Arbitrators (Southern Africa), Certified Mediator meeting the National DISAC and

International Civil Mediation Council requirements through the Society of Mediator's School of

Mediation, London in Association with the Association of Arbitrators Southern Africa.


Pr Eng with ECSA, Member SAICE, FAArb: Fellow Association of Arbitrators (Southern Africa),

Project Management Professional (PMP) with Project Management Institute Pennsylvania USA. WFB

Project Management Services is a member firm of CESA and of the Master Builders Association

(Northern Cape).


Involved in dispute resolution for more than 25 years. Acted since 1999 as Mediator, Adjudicator or

Arbitrator in a range of Engineering/Building/Construction related disputes based on JBCC, NEC,

GCC or FIDIC. Alternatively acted as Claims/Commercial/Contractual Consultant for a variety of

national and international Clients.

Specializing in Building, Construction, Mining and Petrochemical Plant and Infrastructure type

Projects.

Dispute resolution experience

Acted as Mediator in more than 20 Mediations, as Adjudicator in 12 ad hoc Adjudications and as

Arbitrator in 6 Arbitrations; all since 2010. Currently one of the three member Dispute Adjudication

Board utilizing FIDIC for the Vaal Gamagara Pipeline Phase 1. Prepared more than 30 submissions

for Adjudication.

Commercial/Contractual consultation inter alia for MDM Technical Africa (Pty) Ltd part of MDM

AMEC Foster Wheeler on its Cullinan Mill Extension Project for Petra Diamonds Ltd, for Sasol

Mining at its new Shondoni, Impumelelo and Thubelisha Mines, Sasol Technology (Pty) Ltd on its

FTWEP Project Sasolburg, its new Infrachem Laboratory, Monomers New Administration Building

(JBCC) and Alterations to existing Workshop and SUEP Projects all at Sasolburg, GHHER Project,

Corroded Fire Network Project, VOC Abatement, Tar Value Chain Project, Infrachem Laboratory

Project, for Gear Mining Company on its involvement on the new Kusile Power station for Alstom

and Eskom, Gear at the Wessels Mine project with its claims against BHP Billiton, for SASOL

Synfuels (Pty) Ltd in connection with the Project Landlord at Secunda, for Bateman Engineering

Sishen Expansion Project at Kathu in the Northern Cape, for SASOL Technology (Pty) Ltd on its

Project Turbo.

International experience

Commercial/contractual consultation on inter alia the following projects: , to AMEC Foster Wheeler

on the new Husab Uranium Mine, Namibia for Swakop Uranium (Pty) Ltd, to QKR Namibia on its

Navachab Gold Mine Namibia, MDM Engineering on its involvement with the Bulyanhulu Gold

Mine project Tanzania, Sasol‘s Natural Gas CPF 183 Project in Mozambique, Bateman at its

Trafigura‘s AEMR Kasinga North and South Iron Ore Project Angola, for Bateman Projects limited

on the Trekkopje Uranium Project Namibia for Areva, for AB Ventures Ltd and Bateman Projects Ltd

on its New Lumwana Copper Mine and Process Plant Project in Zambia, for SASOL Technology

(Pty) Ltd on its Mozambique/Secunda Natural Gas Pipeline Project,for Bateman Engineering on the

Skorpion Zinc Mine and Refinery Project in Namibia for Anglo Base Metals Ltd.


52

Tony Cooksey Pr.Eng Pr.CPMFAArbSA MJSD

A seasoned professional with over 43 years‘ experience in developing and executing capital projects,

with wide experience in commercial, industrial, residential and infrastructure; I am now retained as a

specialist consultant to Mott MacDonald; and focus on Engineering Contract Dispute Resolution and

forensic engineering. I have managed various projects through phases including pre-feasibilities,

feasibilities, FEED's, utilising different contracting strategies i.e. EPC, EPCM, LSTK, and Consulting

Engineering contracts; and have used JBCC, GCC 2010, 2015, FIDIC and NEC3 contracts. In 2014 I

was admitted as a Fellow of the Arbitration Association of Southern Africa.

PROFESSIONAL EXPERIENCE

Tony Cooksey Associates – Founder, (August 2015 – present)

Established Business Plan and Project execution strategy for False Bay College Capex

Program (R2 Billion+) and UCT Medical Faculty Capex Program (R3 Billion+)

Providing Construction Claims Consulting and Dispute resolution services

Specialist in Contract Documentation and Administration for SA Roads Federation

Disciplinary Tribunal Member, forensic investigator and expert witness for ECSA.

Specialist Consultant to Mott MacDonald: August 2015 - present

Employer‘s Agent for Strand Beach Protection Construction (R90 Million capex)

Project Director of Strand Beaches Coastal Protection project (R250 Million capex)

Close out of SOUTH32 PMO Project Management Services (R300 Million capex)

Contractual Dispute Services for SANRAL contracts (Disputes > R100 Million Value)

Contractual Advisory Services for SANRAL & WP Roads Department

Mott MacDonald (Sub Saharan Africa Division) Divisional Director 2014

Project Director for SOUTH32 (BHP Billiton) PMO Project Management Services for

Hotazel Manganese Mines and Meyerton Smelter (R90 M fees) 2013 – 2015.

Project Director CEO of ECI Joint Venture EPCM project programme, for Transnet Capital

Projects at ports of East London, Nqgura and Port Elizabeth.

PD Naidoo & Associates Consulting Engineers Technical Director 2007 - 2013

Mediation of dispute over more than R6M for Provincial Government Western Cape

Civil Engineering contract terminations for CoCT and PWGC; & Assistance for N3TC.

Design Manager: Millennium Challenge Water Supply for Maseru/10 Towns Lesotho.

Bridge Engineering Team – produced over 40 bridges & culverts including Cape Town IRT

Harbour Line Viaduct (200m long) and Salt River Canal Bridge.

Disciplinary Tribunal Member, forensic investigator and expert witness for ECSA.

Quadrant residential apartments, Library Complex, Claremont.

RAWSON Developers: two 7 storey apartment blocks. Project Director

EDUCATION & QUALIFICATIONS

B.Sc.Eng.Hons (Civil) (Rand) 1969 Certificate in Project Management UCT

Fellowship in Arbitration AArbSA

2014

Green Star Accredited Professional GBCSA

53

Registered PrEng ECSA 1973 Registered PrCPM SACPCMP 2014

Member SAICE Professional Member SAISC 1994 -2013

Member Concrete Society of Southern

Africa 1981-1992, 1999-2014

Professional Member of Joint Structural

Division SAICE & ICE London

54

PATRICK FRANCES CROWLEY (FRANK) Pr Eng

P O Box 3808 31/113 Aintree Crescent

HALFWAY HOUSE Kyalami Estates

1685 Midrand

Gauteng

TELEPHONE 011 468 1175

CELLULAR 082 373 4000

FACSIMILE 0867162767

E MAIL [email protected]

[email protected]

YEAR OF BIRTH 1945

COUNTRY OF BIRTH IRELAND

NATIONALITY SOUTH AFRICAN

LANGUAGE ENGLISH

EDUCATION

1967 BE University of Ireland (Cork)

1989 Senior Executive Programme MIT USA.

PROFESSIONAL ASSOCIATIONS

Fellow SA Institute of Civil Engineers

Fellow Academy of Engineering

Fellow Association of Arbitrators

Member of DRBF

Accredited Mediator LSM

PUBLIC OFFICE HELD

1997 – 2000 Member of CEAC

1997 – 1998 President of SAFCEC

1983 – 1984 Chairman SAICE Construction Division.

PUBLICATIONS

1978 SAICE Transactions ―Contracting under time restraint‖.

PRESENT EXECUTIVE POSITION

Retired January 2005.

EXPERIENCE

1967 – 1969 Engineer Shellabear Price on the Whiddy Island Project.

1969 – 1971 Site Agent John Murphy & Sons, Namibia



55

1971 – 2005 Held various Management positions from Site Agent to Group

Managing Director at LTA. Was appointed Group Managing

Director of LTA in 1998 and Group Managing Director of

Grinaker-LTA after the acquisition of LTA by Aveng in 2000.

Retired as MD of Grinaker-LTA in 2003

2003 – 2005 Chairman of McConnell Dowell of Australia.

2000 – 2005 Director Aveng.

2005 – 2008 Independent Member of Contracts Committee at SANRAL.

2008 - 2011 Independent Non-Executive Director of Johannesburg Road Agency.

2005 – 2016 Independent non-executive Director Enviroserv.

PRESENT

Arbitrator, Mediator & Adjudicator.

Consultant.

EXPERIENCE IN ADJUDICATION AND DISPUTE RESOLUTION

Member of the DAB on Pipeline Project from Vaal Dam to Sasol, approximate value R1,5 Billion.

The Project was started in 2006 and completed in September 2008.

Member of a three member International DRB for Gautrain, value of Project approximately R25

Billion. This DRB started in 2007 and ended in mid 2012.

Member of a three member DAB on 8 projects for GFIP (Gauteng Freeway Improvement Project)

approximate value R11 Billion. This DAB ended mid 2012.

One member DAB on the University of Botswana Academic Hospital Project. Approximate value

R1.5 Billion. This DAB ended early 2015.

One member DAB on the Housing project for the Academic Hospital at the University of Botswana.

Approximate value R200 Million. This DAB ended early 2015.

One member DAB on the University of Botswana Administration Block. This DAB ended late 2016.

Presently serving as Chairman of a three member DAB on the Mount Edgecombe interchange.

Presently carrying out a number of private Arbitrations, Adjudications and Mediations.

Extensive experience as a facilitator during my working career.

56

WILLEM DANIEL CLAASSEN

Postal address: P0 Box 10845, Danabaai, 6510

Cell: 082 715 9384

Professional Qualifications

National Diploma for Technicians —1961 — Pretoria Technikon

BSc Eng —1969— University of Pretoria

BSC Hons Eng — 1987 — University of Pretoria

Certificate in Arbitration — 1996 — Association of Arbitrators

Higher Diploma in Arbitration —1998— Association of Arbitrators

Professional Associations

South African Institution of Civil Engineering — Fellow

Association of Arbitrators — Fellow

Engineering Council of South Africa — Pr Eng

Detail of lecturing or teaching activities

Presented seminars on GCC 2004 and GCC 2010 to well over 1500 persons.

Detail of published books, articles, papers or papers presented at conferences, etc.

Author of GCC 2004, GCC2010 and Management Guide to GCC 2010.

Detail of experience as adjudicator during the past five years:

Heaton v N V Properties

ACV Civils v Western Cape Department Transport and Public Works

Penny Farthing Eng v Nelson Mandela Bay Municipality

Detail of experience as mediator during the past five years:

Thesens Sawmilling v Civils 2000

Knysna Housing v Contractor

Penny Farthing v Nelson Mandela Bay Municipality

Detail of experience as arbitrator during the past five years

F20 Trust v Chris Mulder Associates

J H Barry Builders v Roux

Bretcon v Riethoff

Lantern Developments v Luscombee

Crossley v Andre Vercueil Architects

Deacon Projects v Simola

Facil v Erasmus

Hamilton Nel Architects v Southern Ocean Seafoods

Joubert Construction v Midnight Masquerade

Le Roux Construction v Van Staden

Hunter Mitchell v Colin Bernic

Principal areas of experience:

Construction

Dispute resolution

Contract Documentation

Construction works with adjudication /mediation / arbitration

57

GERHARDUS JOHANNES DU PLESSIS

1976: B Sc Eng (Civ), University of Pretoria; 2009: NQF 7 (LIC), CETA Accreditation No 5P5350)

Address: PO Box 19888, Tecoma, 5214, East London

20 Buchholtz Street, Vincent, 5247, East London

Telephone: 043 726 4913

Cell: 083 651 4251

Email: [email protected] or [email protected]

Professional Registration

Pr.Eng. No. 820286, 1982 (ECSA); Pr. CPM. No. D/947/2006 (SACPCMP)

Membership of Professional Institutions / Associations

CESA – Retired Principal

SAICE – Member


Procurement and Construction Contract Documentation; Construction Project Management;

Conceptual Planning and Design; Regional Infrastructure Planning and Design; Labour Intensive

Construction; Water Supply and Sanitation; Expert Witness; Forensic Investigation.

Specializing in

Engineering Contracts; Building Contracts; Project Management; Dispute Resolution; General Civil

and Structural Engineering Practice


Since 1996 Gerhard has been called upon to mediate, adjudicate and assist also as expert witness, in

many project disputes. The following are a few examples:

The Department of Roads and Public Works (DR&PW) and the Department of Health (DoH)

in pending disputes on Government Projects.

The Department of Public Works (DPW) and the Department of Education (DoE) in a dispute

with the Professional Service Provider (PSP) relating to rehabilitation of roof at the Baysville

School.

Chris Hani District Municipality to assist with a Bid Acceptance dispute.

Investigate and advise the Department of Public Works on contractual issues relating to

Madwaleni Hospital package plant dispute.

Mount Frere Social Cluster Projects for the Department of Public Works : Forensic

Investigation – to assess liability relating to proposed building and PSP Contracts.

Professional Engineering Assistance and second opinion on design and documentation as well

as handling of construction administration for Department of Public Works at Tower

Hospital.

Report on dispute between Developer, Professional Team and Contractor at Regent Hotel and

Mpongo Park.

Serve on Re-adjudication Panel of three relating to adjudication dispute of Fort Hare

University and Others, TENDER UFH-SCM 05/2013, Provision of Student Accommodation

in Fort Hare, Alice Campus.

Evidence in hearing resulting from fatal incident after collapse of a deep trench.

Ascot Park Home Owners Association vs Diddle Daddle Investments and Contractors:

Unacceptable Building Work.

East London Health Resource Centre vs Mr Dev Naidoo N.O. and Others after storm damage

to building.

Vaduba Investments vs Eastern Cape Parks Board relating to boundary fence upgrade.


58

PETER D’AGUAR

POSTAL ADDRESS PO Box 66692, Highveld Ext 7, Centurion 0169

Tel: (work) +27 126676506

Cell: +27 825496248


Occupation: Civil Engineer

ACADEMIC QUALIFICATIONS

B Sc (Eng) Civil

Certificate in Arbitration

Certificate of Specialisation in Construction Law

Accredited Mediator (London School of Mediation)

MEMBERSHIP OF INSTITUTIONS/SOCIETIES

Pr Eng. C Eng, MICE, AAArB, QDR

PRINCIPAL AREAS OF EXPERIENCE

Engineer of record on numerous road construction contracts

Claim determination

Claim Adjudication (Member and Chairman of Dispute Adjudication Boards (DAB‘s)

Claim preparation

Over 35 years of experience on road construction contracts and road design

(with emphasis on materials and pavements)

Civil Engineer related work, particularly roads and materials.


59

LEONARDO ERRERA

1975>1990

Worked in civil engineering construction, site management, construction management, financial

management and procurement. Involved with construction projects for government departments

including Township Services and Top Structures, National and Regional Roadworks, River

Rehabilitation (including Laingsburg floods), Bridges, Retaining Walls, Wastewater Treatment

Works.

1990>2012

Sole proprietor of LAE Project Managers & Consulting Engineers offering the following services to

clients;

CIVIL AND STRUCTURAL ENGINEERING

Involved with a variety of projects covering the above services from Reconstruction and

Development Programme Housing (3,300 units) through to upmarket Sea Front Developments,

RDP Township Services and Stormwater Management, Wastewater Treatment Works,

Structural Rehabilitation.

PROJECT MANAGEMENT

Full Project Management from inception through to project handover inclusive of operation

procedures and manuals, construction supervision including assistance in site management,

feasability studies including budget formulation and control. Setting up of project teams

including technical as well as legal and accounting consultants.

CONSULTING SERVICES

Alternative Dispute Resolution and Claims Management

Forensic Analysis and Feasability Studies

2012>2018

I have chosen to specialise in the Alternative Dispute Resolution arena together with continuing

the research which was identified during my Construction Law and Dispute Resolution Masters

dissertation. I have recently published the first in a series of four books based upon this

research, ‗Contracting for Delay and Disruption‘(ISBN 978-620-2-00480-0).

Conversant with the following contract documentation:

SAICE General Conditions of Contract (1982 through to 2004 First Edition through to 2015

Third Edition), J.B.C.C., F.I.D.I.C., General Conditions of Subcontract (G.C.C. and FIDIC),

COLTO, NEC3, JCT-05 and ICE Seventh Edition.

60

JONATHAN ELY – Brief CV

BSc (Cvil Engineering)

Address: P O Box 11788, Rynfield 1514

Work : 010 0602992

Email : [email protected]

Jonathan is a registered professional civil engineer with dual qualifications in engineering and law,

including qualifications in arbitration and adjudication.

Jonathan has forty years‘ experience in structural, civil engineering and multi-disciplinary engineering

projects. In his career, he has worked for clients, consultants, contractors and project management

companies. He has worked on a number of large engineering and construction projects predominantly

in the power, minerals and mining field, both locally and internationally. He also has experience in

building work and most aspects of design and construction of civil engineering work.

Jonathan‘s early career focused on the design and construction of civil and structural engineering

work. He has experience in the design of concrete for heavy engineering and water retaining

applications, the design of structural steelwork for commercial and industrial applications, and limited

experience in some of the other aspects civil engineering work. He also has experience in the

management (as a contractor and a consultant) of these types of construction.

He then moved into project management and has experience in all aspects of project controls (cost

control, commercial/contract management, logistics and planning) and has worked on as a project

manager on medium sized projects in the mining and mineral processing industry in South Africa and

internationally. His experience covers the whole life cycle of a project from the pre-feasibility study

stage to final project close out.

Jonathan then specialised the commercial management of projects, and has concentrated on this for

the last twenty years. His experience ranges from the early stages of a project where the contract

management strategy is defined, to the closing stages where disputes are resolved and the project is

closed out.

He has experience in arbitration, adjudication, mediation and litigation, both as a protagonist and as

an arbitrator or an adjudicator. This experience is includes roles where he has been ―hands-on‖ in

dealing with the dispute and in management roles where he has managed teams of consultants and

legal advisors.

Jonathan is familiar with the FIDIC, GCC, JBCC and NEC standard forms of contract and has been an

arbitrator or adjudicator in disputes arising from these standard forms of contract

61

CARL AUGUST GELDENHUYS

BSc Hons (Civil Engineering) Diploma, Management Development Programme (Project

Management) University of South Africa, Diploma, Association of Arbitrators

Address:

Telephone: 012 367 5931

Cell: 082 450 8177



ECSA PrEng, SACPCMP PrCPM, FSAAArb


Engineering Contracts, Project Management, General Civil and Structural.

Specializing in

Carl completed his studies with the Association in 2011 and was allowed as Fellow of the Association

early in 2012.

The modules were:

The Law of Contract

The Law of Delict

The Law of Arbitration

The Law of Evidence

During 2013 he also successfully completed the course ―Specialization in Construction Law‖

presented by the Association


Carl has been involved in presenting various opinions to his colleagues internally on pending disputes.

To date all the pending disputes could be resolved without referring the disputes to Adjudication or

Arbitration.

The latest was a pending dispute between a mayor client body and a well- known construction

company where the pending dispute was settled by the intervention of Carl acting as ADR agent for

the client body along- side with a retired director as ADR agent of the construction company.

Currently Carl is still a full time employee and has to date only been appointed as Arbitrator on one

dispute. In this instance he was also able to convince the two parties in dispute to settle.

Carl has in the past years attended as many courses as possible, mostly presented by BCA, to enhance

his contract law capability.

He also attended a two days course on Alternative Dispute Resolution and is a firm believer in ADR

to resolve disputes.

Having been involved in 12 Public Private Partnership (PPP) projects to date as Technical Advisor,

Carl has gained extensive experience in various contracts and agreements being applicable to the PPP

environment

62

NEVILLE GURRY (FORMER PROJECT DIRECTOR FLUOR)

Multi- Disciplinary Adjudicator

Country of Birth: South Africa

Nationality: South African

Language: English

Contact: 082 881 7266

Email: [email protected] [email protected]

Education:

B.Sc.(Hons) Civil Engineering

M.Sc. Advanced Structural Engineering

Rhodesia Railways Scholarship

Commonwealth Scholarship

Beit Engineering Scholar

Management-London Business School

Pr Eng, C Eng, FSAICE, MICE, Pr.CPM.

CURRICULUM VITAE:

PROFILE

13 APRIL 2012

From a gold mine in Mali to planning and project management the design and construction of

Angola‘s only Fina refinery, Neville Gurry has been at the forefront of building a legacy of world-

class infrastructure across Africa for over 40 years.

The former chief executive of Cullinan Power Projects and former MD of Group Five Projects and

industrial manufacturer Exchange Engineering, Neville was SAFCEC‘s Executive Director. He

assumed the position in October 2011, after serving as SAFCEC‘s Contractual Affairs Manager for a

number of years. He subsequently served in both positions.

Neville‘s core responsibilities include facilitating the resolution of contractual disputes and advising

members on the impact of legislation on their activities. An experienced proactive project manager

with a wide range of skills and a broad understanding of all engineering disciplines, Neville also

boasts on-site experience in multi-discipline construction. He is fully conversant with the PMBOK

Guide and among his key strengths is the ease at which he is able to work with people of different

cultures and backgrounds in a range of different environments. Clearly as a Project Director on lump

sum turnkey work he has mediated and adjudicated numerous disputes.

Neville holds an MSc in advanced structural engineering and a BSc in civil engineering. He was a

Beit Engineering Scholar and studied Management at the London Business School. He entered the

civil engineering and construction industry in 1967 and has been actively involved in representing and

promoting the sector since.

Before joining SAFCEC in 2009, Neville worked as a project manager and director for GRD Minproc

(2006-2008) and a Project Director at Fluor Southern Africa for 10 years (1996 – 2006).

During his time at GRD Minproc, Neville project-managed the first uranium plant to be built in

Namibia in recent decades, as well as a similar plant in Malawi. He was responsible for all

construction and procurement activities, cost control, and project logistics. He also held specific

responsibility for a gold plant in Mali and a nickel plant in Zambia.

As project director at Fluor Southern Africa, oversaw two expansions of the refinery in Angola, as

well as refinery shut-down scoping and management for Angola‘s Fina Refinery and Zambia‘s Indeni



63

Refinery. One of Neville‘s proudest achievements, the Fina Refinery in Angola continues to be

unmatched in most African countries. Neville was also the project director for the upgrading of

Mozambique‘s gas pipeline to South Africa and managed several petrochemical industry studies.

Neville has a great passion for training and development. While at Fluor, he also presented the

company‘s in-house project management course. He was one of the lecturers at SAFCEC‘s Diamond

Academy, which is addressing the civil engineering profession‘s training and development needs. The

aim is to produce the next generation of world-class civil engineers and related practitioners.

Neville‘s experience also includes starting and running his own construction firm, NEG Engineering

Construction, between 1994 and 1996, which focused on management and contracting in the

mechanical, structural, and civil engineering fields.

Neville is an avid golf player. A married father of two, he enjoys keeping fit and abreast of what is

also going on in his industry and other related sectors.


Registered Professional Engineer

Chartered Engineer (MICE)

Fellow South African Institution of Civil Engineers

Professional Project and Construction Manager

Other

Presents course on GCC (for SAICE)

Presents courses on Construction and Project Management

Presents course on Construction Claims

Consults on Construction issues.

Mediates and Adjudicates on multi-disciplinary disputes

CV

Personal Profile

An experienced proactive project manager with a wide range of skills and a broad understanding of all

engineering disciplines. Has had on-site experience in multi-discipline construction. Fully conversant

with the PMBOK Guide. Has the ability to work with people of different cultures in a range of

different environments. Has some knowledge of Portuguese having worked in Angola and

Mozambique.

Key skills/ Expertise

Project management in Petrochemical, Mining and Industrial Plants

Planning and execution of refinery shutdowns (Petrochemical)

Experienced in Lump sum Turnkey Project Execution

Multi-disciplinary contracting experience

Mediation

Adjudication

Planning and integrated cost control of projects

Claim preparation and adjudication

Contract administration

Project auditing

Ability to work in remote locations

Career History

October 2013 to Present: Own Business in Conjunction Specialist Construction Consultant.

64

Consulting on all aspects of Multi-Disciplinary Construction specialising in Claims, Contracts,

Adjudication, Mediation and Contracts (including sub-contracts).

January 2013 to September 2013: South African Federation of Civil Engineering Contractors

Executive Contractual Affairs

October 2011 to December 2012: South African Federation of Civil Engineering Contractors –

Executive Director (Full time)

March 2009 to September 2011 South African Federation of Civil Engineering Contractors

Contractual Affairs Manager (Part time 30 hrs per week)

Responsible for facilitating the resolution of member contractual disputes and advising members of

current legislation related to their activities. Responsible for the interpretation and application of

current standard contract documents such as FIDIC, NEC etc.

SAFCEC representative on several policy making committees.

Lectures on various types of Contracts

Lectures on new clauses in GCC 2010

Speaker at various CIDB breakfast meetings on Construction.

Earned Value (Marwilcor) – Part time

Project Manager

Preparation of Modikwa Phase 1 Mine Project Execution plan and schedule

Review of Original Modikwa feasibility study done by others

Preparation of WBS for Modikwa Phase 2 in accordance with Earned Valued principles

Claims Consultant

2006-2008 GRD Minproc (PTY) Ltd

January 2007-February 2009 Manager of projects

Responsible for the successful execution of all projects within the South African operation including:

All construction and procurement activities

All cost control on projects

Contracts placed and project logistics

Specific responsibility for the execution of a Gold Plant in Mali and a Nickel Plant in Zambia

Assisted with several feasibility studies and presentations

Preparation of preliminary schedules (programmes)

Capital costs and man-power estimates

August-December 2006 Senior Project Manager

Project management of first Uranium Project to be built in decades in Namibia.

Duties included overall coordination of project including

Scheduling, engineering, procurement, logistics, site management, commissioning and

handover.

Preparation of monthly reports and completion of handover documentation

Completion of BFS for Uranium plant in Malawi which included capital cost estimate and

schedule for completion

1996-2006 Fluor Southern Africa

Project Director

Consulted and advised Fluor Projects and Sales Departments prior to assuming responsibility for

individual projects.

Responsible for bid and subsequent contract execution for 2 lump sum ―turnkey‖ refinery

expansions in Angola – this included shutdown planning for project integration into main

Refinery

Project Director for auditing total Refinery shutdown scoping and management for Fina

Refinery in Angola

65

Project Director for design and execution of upgrading of Gas Pipeline from Mozambique to

South Africa

Project managed several paid studies in the Petrochemical industry

Project Director for shutdown scoping and management for Indeni Refinery in Zambia

Basic engineering for SWS off gas to Sulphur plant in Natref

Flotion Plant for Phosphate Development Corporation

Smelter Plant for Phalabora Mining Company

Project managed USA cake mix and dough facility from conception to commissioning

Conducted feasibility study for similar facilities in India and Greece for the same client

Presented Fluor in–house Project Management Course

1994-1996 Neg Engineering Construction

Business owner Own business, management and contracting primarily in the mechanical, structural,

civil and piping fields

1992-1994 Cullinan Power Projects

Chief Executive

1990-1992 Concor Engineering

Director

1987-1990 Exchange Engineering (Industrial Manufacturing company)

Managing Director

1980-1987 Group Five Projects (MEIP Construction Company)

Managing Director

1974-1980 Concor Construction (Civil Construction Company)

Project Engineer

1967-1974 Ove Arup and Partners (consulting Engineers)

Partner

66

BRIAN HOLLINGWORTH

BSc (Civil Engineering), MSc Hydraulics, MBA Business Administration, LLB Law

Address: Suite 63, Biz-X-Press, Private Bag X2, Lonehill, 2062, South Africa

Telephone: +27 083 2650277

Residence:



PrEng, FSAICE, FAArb, MWISA, MInstD.


My career spans 50 years. At some time, I have been concerned with most aspects of civil

engineering, including construction and contract administration. Currently, I am an independent

working mostly at the intersection of engineering and the law. More recently I have worked in

arbitration, adjudication and mediation as well as some policy and strategy development, research and

training. Mostly this has been in the water sector.

Specializing in

Dispute Resolution

Engineering Contracts

Project Management

General Civil and Structural Engineering Practice


Since qualifying for fellowship of the Association of Arbitrators in 2004, I have been nominated as

arbitrator, adjudicator or mediator on 17 construction disputes. More recent examples are as sole

member of the Dispute Adjudication Board on the BWP1.2bn Dikgatlong Pipeline in Botswana

(FIDIC), a building in Sandton (JBCC), a large diameter pipeline (GCC) and a house construction

(MBA form).

I was for three years the Deputy Chairperson of the quasi-judicial Water Tribunal, which allowed me

to hone my legal and particularly procedural skills. I have been a special advisor to the Board

Technical Committee of TCTA, including on construction contractual matters. I am (2018) a member

of the Board of Amatola Water and chair the Board Committee concerned inter alia with Amatola

Water‘s infrastructure implementation programme.

67

ANDREW LINDSAY GRIFFITHS

Address: PO Box 103, Cramerview, 2060 Address:\P O Box 5037 Rivonia, 2128

Tel: (011) 463 9172

Cell: 082 786 3895


Year of Birth: 1954

Country of Birth: Wales, UK

Nationality: British

Language: English

Education

1997 H Dip Arb, Association of Arbitrators (Southern Africa)

1990 MBA, University of the Witwatersrand

1979 MSc, Reading University, UK

1976 BSc (Hons), Leeds University, UK

Present Position

Director: Contractual Affairs, Hatch Africa (Pty) Ltd (member of the Hatch Group).

Following the merger of Goba (Pty) Ltd with Hatch on 1 April 2013.

Experience

2013 – present: ADJUDICATOR: Disputes on a pipeline diversion contract (NEC3)

2013 – present: DAB (Dispute Adjudication Board) Member: Dispute Board Member (Ad-hoc DAB)

for a pipeline project in KZN (SA GCC 2010)

2013 – present: DAB (Dispute Adjudication Board) Member: Dispute Board Chairman (Standing

DAB) for a structures contract at Kusile power station (FIDIC Red Book)

2013 – present: Mediator: Mediator on a dispute on Waste Water Treatment Works near

Johannesburg (SA GCC 2004)

2013 – present: DAB (Dispute Adjudication Board) Sole Member: Dispute Board Sole Member

(Standing DAB) for a roads contract in Northern Lesotho (FIDIC Red Book)

2013 – present: DAB (Dispute Adjudication Board) Member: Dispute Board Chairman (Ad-hoc

DAB) for a 2nd contract at Medupi Power Station (FIDIC Yellow Book)

2013: MEDIATOR: Dispute on waste water treatment works (SA GCC2010) – Mediation

successful.

2013: ADJUDICATOR: Disputes on gas pipeline project (NEC3).

2012 - present: DAB (Dispute Adjudication Board) Chairman: Standing Dispute Board Member for

ORWRDP2 water pipeline and pump-station project (FIDIC Red Book).

2012 - present: DAB (Dispute Adjudication Board) Chairman: Dispute Board Chairman (Ad-hoc

DAB) for a contract at Medupi Power Station (FIDIC Yellow Book).

2012: ADJUDICATOR: Disputes on gas pipeline project (NEC3).

2012: ADJUDICATOR: 2 Disputes on FT Wax Expansion Project Work Package 03 (NEC3).

2012: ADJUDICATOR: Dispute on FT Wax Expansion Project Work Package 06 (NEC3).

2012: ADJUDICATOR: 2 Disputes on pipeline diversion project (NEC3).

2011: ADJUDICATOR: Dispute on sewer & water pipeline project

2010: ADJUDICATOR: Dispute on water pipeline, reservoir and access road project

2010 – 2011: MEDIATOR: Dispute on generator installation and refurbishment contract.

Mediation agreement achieved and dispute settled.

2009 – Present: MOKOLO – CROCODILE WATER AUGMENTATION PROJECT Chairman of

Management Committee and Contracts Specialist for R14 billion pipeline project

to supply water to the Lepalale / Waterberg Coalfield area.

2009: ADJUDICATOR - INGULA PUMPED STORAGE SCHEME, RSA

Adjudicator appointed under NEC Contracts in respect of 7 disputes arising out of the

Contracts for the Main Access Tunnel and Construction Access Tunnels. All disputes

settled on basis of adjudicators decisions.

68

2008 – Present: THUNE DAM, BOTSWANA Project Director for Thune Dam, a 32.5m high

by 1,500m long clay core earth fill dam with a central RCC spillway. Project also

includes a water treatment works, pump station, delivery pipeline and access road.

2005 – 2009: DAM SAFETY REHABILITATION PROGRAMME

Project Director for rehabilitation of nine dams (eight earth fill and one concrete)

varying in height from 10m to 50m.

2008: ARBITRATOR - 6 DAMS, SMITHFIELD DISTRICT, RSA

Arbitrator for a dispute concerning the construction of 6 earth fill dams in Smithfield

District of South Africa. The dams varied in height between 5 and 9m, the largest of

which failed during first flood. The Disputes were settled during the arbitration

hearing.

2003 – 2009: BERG WATER PROJECT SUPPLEMENT SCHEME CONTRACT

Chairman of the Management Committee and Contract Specialist. The Berg Dam

comprises a 70m high by 990m wide concrete faced rock fill dam with a side channel

spillway. Chairman of DAB for pump-station civil works, weir, balancing dam and

de-silting works.

2007 – Present: De HOOP DAM, RSA Management Committee Representative and Contract

Specialist for De Hoop Dam, a 81m high by 1,020m long RCC dam with a central

spillway.

2004 – 2007: DURBAN HARBOUR TUNNEL Project Director for award winning soft

ground sub-aqueous tunnels

2005 – Present: VAAL RIVER EASTERN SYSTEM AUGMENTATION PROJECT

(VRESAP) JV Manco member and contracts specialist advisor for 120km, 1.9m dia

pipeline from Vaal Dam to Secunda.

2005 – 2009: LESOTHO HIGHLANDS WATER PROJECT, FURTHER PHASES FEASIBILITY

STUDY Member of the Management Committee and specialist reviewer.

2005: MEDIATOR : Factory roofing project

2004: DISPUTE BOARD - INJAKA DAM Chairman of Disputes Review Board

2001 – 2005: GAUTRAIN Manco member of engineering JV and specialist advisor on tunnelling

& contracts, Value R7 billion

2003 – 2005: LEEUWKOP RELIEF OUTFALL SEWER Project Director. Includes pipeline,

tunnel, pipe bridge and short pipe-jack. Value 45m

1999 – 2004: LHWP, Phase 1B, Mohale Tunnel and Matsoku Diversion Project Director

and ―The Engineer‖. Mohale Tunnel is 32 km long. Value R905 million. Matsoku

Diversion Project comprises an 18m high mass concrete weir and 6 km long tunnel.

Value R290 million.

2001 – 2002: MAGUGA DAM, SWAZILAND Management Committee. 110 m high, clay core

rockfill dam. Project Value = R500 million

1998 – 2000: KAMAZU DAM II, MALAWI Specialist advisor on contract claims and contract

administration.

1988 – 2000: LHWP, PHASE 1A,KATSE DAM AND TRANSFER TUNNEL

1997 – 2001: Project Manager

1993 – 1997: Deputy Project Manager,

1990 – 1993: Senior Contracts Engineer, Project Value = R2.6 billion. Responsible for all aspects

of JV's operations for design, project management and construction supervision. The

Engineer in terms of the FIDIC conditions of contract. Katse Dam: Double curvature

concrete arch dam, 185m high. Transfer Tunnel: 45 km long, 5m dia TBM driven

tunnel.


FIDIC President‘s List of Approved Dispute Adjudicators

CIDB list of Approved Adjudicators

Fellow, Association of Arbitrators (Southern Africa)

Director (Region 2) and Country Representative Coordinator, Dispute Resolution Board Foundation

(DRBF)

Fellow, SA Institution of Civil Engineers

69

Fellow, Institution of Civil Engineers (UK)

Pr Eng, Professional Engineer (RSA)

C Eng, Chartered Engineer (UK)

Specialisation

Civil Engineering, particularly dams, tunnels and underground works. Dispute resolution - dispute

boards, adjudication, arbitration and mediation.

Publications

2007 ―Durban Harbour Tunnel – First Use of a Slurry Tunnel Boring Machine in South Africa‖, by

A Hindmarch, A Griffiths, A Officer and G Wittneben, RETC Conference, 2007 Rapid

Excavation & Tunnelling Conference (RETC), 10-13 June 2007, Toronto, Canada [This paper

was the recipient of the SANCOT Alec Wilson Memorial Award for the best paper on

tunnelling, 2008]

1997 Special Issue, Proceedings of the Institution of Civil Engineers, ‗Lesotho Highlands Water

Project – Project Management‘ 992 Tuncon, ‗Engineer‘s estimates for the Transfer Tunnel of

the LHWP‘

70

HUGH WILLIAM SEATON HODGE BSc (Civil) Engineer, SACPE, ECSA


MSAICE


Specializing in

Water and Sanitation structures. Roads. City structures. Design, PM/CM.


SIMON GERARD JOUBERT

Address 14 Armstrong Drive, Wembley, Pietermaritzburg

Tel: 082 8278055,


Profession Civil Engineer (Infrastructure Engineering)

Qualifications B. Sc (Eng) University of Natal, Durban (1991)

Fellowship exam (Association of Arbitrators)

Certificate in Construction Law (Association of Arbitrators)

Registrations Pr Eng (ECSA) F A Arb

Simon has performed the roles of standing Adjudication Board member and ad hoc Adjudication

Board member and provided party support on disputes under the General Conditions of Contract 2004

and 2010. Further he has consulted on disputes in contracts under the FIDIC Red Book 1999 and has

performed the role of Arbitrator on disputes under the JBCC and GCC forms of contract.

Simon is a member of the Society of Construction Law for Africa (No SCLA0103)

DISPUTE RESOLUTION experience (2015 to date)

JBCC (Principal,

Short form and

N/S)

GCC 2004,

2010, 2015

FIDIC Bespoke

Arbitration 1 1 1

Adjudication 3 8 2

Standing Adjudication

Appointments (DAB)

4

Mediation 2

Claims consulting 12 2


71

CASPER NICOLAAS KEMPFF

Pr Eng (Civil and Structural) Project Management (US Business School)

Programme in Construction Adjudication (Enterprises – University Pretoria)

Address: P O Box 11202 Universitas Bloemfontein 9321

Mobile phone: 0027 82 782 7459


Fax: 086 441 9028


Pr Eng (ECSA Reg No 890206) Project Management S.A. – (Membership No 17381456)

SAICE (Member No 35900)


31 years‘ experience in roads, structures (buildings), structures (bridges) and drainage both in design,

supervision, project management, dispute avoidance and dispute resolution

Specializing in

Dispute avoidance mainly in GCC, FIDIC and JBCC

DANIEL JOHANNES LOURENS

Pr Eng (Civil) Arbitration Certificate 2002 NQF level 7 Certificate Construction Road works (Labour

Intensive) CETA

Address: P O Box 76144 Lynnwood Ridge, 0040

Telephone: (012) 8428700

Residence: (012) 361 4443



Pr Eng (ECSA) PR CM (The SA Council for the Project and Construction Management Professions,

FSAArb, Principal with SAACE, MSAICE


Mediator Matemba vs. North West Roads Dept – colto

Mediator Matemba vs. City of Tshwane GCC 1990

Mediator GR Makopa vs. Madibeng Local Municipality GCC 1990

Mediator Empyreal vs. Bojanala Platinum Municipality GCC 1990

Mediator Moseme vs. Gautrans GCC 2004

Arbitrator Nico Swart Bouers vs Paul Blaenau –JBCC

Arbitrator Van Heerden vs. Jireh-Trust FIDIC

Arbitrator Archilline vs. Nagel – NEC

Arbitrator Matemba vs. City Tshwane-GCC 1990


72

Specializing in

25 Years‘ experience as a Consulting Engineer specializing in construction supervision, dispute

avoidance and dispute resolutions representing both employees and contractors.

Claims, adjudication, mediations, arbitrations in all construction disciplines specializing in GCC

1990, 2004, JBCC, FIDIC and NEC documentation, representing either Employer or Contractors.


As above.

Ian has assisted with the presentation of a great many adjudication submissions.

IAN SINCLAIR MASSEY

Academic Qualifications

Diploma in Civil Engineering, Leeds College of Technology, UK

Address: Suite 4, Gillitts Office Park, 2 Rodger Place, Gillitts

Telephone: (031) 764 0811

Fax: (031) 764 5621

Cell: 082 574 9868



Institution of Civil Engineers (UK) (M.I.C.E.)

Chartered Engineer


Ian spent 18 years working as a contractor generally working on heavy foundation projects such as

steel plants and coal handling facilities.

Since specializing in Commercial Consulting, Ian has been involved in the promotion or defence of a

great many claims and has acted as expert witness in a large number of disputes and arbitrations.

Ian has specialised in acceleration and disruption claims.

Specializing in

Heavy civil engineering construction, bulk earthworks contracts including opencast mining,

underground construction and tunnelling contracts, infrastructure projects including road, rail

construction and pipeline contracts, petrochemical and paper manufacture plants, water and sewage

treatment processing plants, power station and related energy plant contracts and engineering and

structural steel construction works.


Ian has been appointed as an Adjudicator on a number of disputes. Ian is on the ICE-SA panel of NEC

adjudicators and the CIDB panel of adjudicators


73

Dr Hylton KJ Macdonald

Hylton has over 42 years post graduate experience in the Engineering and Construction industry.

Hylton graduated from University of the Witwatersrand (1976) with a degree in B.Sc Civil

Engineering (Cum Laude), Ph.D in Civil Engineering (1982), PMP (1984), an AMP (1994) from the

Harvard Business School, and Certificate in Arbitration in 2013, and a Fellowship Certificate in

Arbitration from the Association of Arbitrators in 2015.

In 1973 Hylton joined LTA Ltd as a Bursary Student. He joined LTA full time in January 1980 as a

site engineer and has held various senior management positions throughout the Group, including that

of Director of LTA Limited, Director of Grinaker-LTA Limited, Managing Director Grinaker-LTA

Civil and Earthworks, Managing Director of Grinaker-LTA Engineering, Aveng Group Risk

Manager, and Aveng Group Construction Advisor. On his retirement from the Group in 2014, Hylton

opened up his own consultancy practice. Hylton was Vice President and President of the South

African Federation of Civil Engineering Contractors from 2000 to 2004 and was the SAFCEC lead

negotiator in the BBBEE Construction Charter developed from 2003 to 2007. Hylton was the

Chairman of Cement & Concrete Institute from 2005 to 2011, was Chairman of ICE-SA from 2011 to

2015, ICE South Africa Country Representative for ICE from November 2011to 2017, MEA

Representative and ICE Council Member from November 2015 to 2017.

Hylton has had significant experience in working on numerous major local and international projects

with both local and major international partners, clients and professional teams from the UK, France,

Germany, The Netherlands, Switzerland, Greece, the UAE, Singapore, Australia, New Zealand, and

the USA. This experience in large scale engineering projects which includes procurement, tendering,

execution, commercial and technical evaluation and analysis, temporary and permanent works design,

contract risk, and change, commercial and claims management, dispute resolution, and claims

resolution techniques and procedures.

Hylton has been intimately involved in many forms of contract and methods of measurement in

various jurisdictions, bespoke conditions of contract, various forms of specifications and methods of

measurement and client specific specifications. This includes the FIDIC and the NEC suites of

contract and the JBCC, GCC forms of Contract.

Hylton, has provided consulting services to several clients in the las 5 years which include technical

and commercial advice and support, drafting of statements of claim for arbitrations and general

statements of claim/defense, provided advice in relation to disputes and compensation events on

various contracts for various private and public sector clients on several major contract disputes, has

acted as an expert witness and an adjudicator for clients on several projects, has acted as an arbitrator,

has prepared and presented bespoke training courses in risk and change management, and is an author

for several chapters of the still to be published Fulton 10 Concrete technical text book.

74

RICHARD LLOYD MORGAN

Address: UNIT 1 GLEN NAVAR

18 CHURCHILL AVE

LA LUCIA 4051

KZN

Tel: (031) 572-6262

Cell: 083-792-6262 / 0837826063

Fax to Mail: 086 510 5058

Education

2003 : Certificate in Legal Practice

2002 : LLB (Unisa)

2001 : Fellowship: Association of Arbitrators (SA)

2000 : Certificate of Arbitration

1983 : Construction Management Programme (UCT)

1973 : B.Sc. (Civil) Engineering (UCT)

Present Position : Freelance Civil Engineer/Arbitrator/Legal Advisor on

Building Law

Managing Member: Home Check

Assessor: Compensation Commissioner‘s Court

(KZN MBA Representative)

Experience

1988 – 1998 : Managing Director Durnford Construction (Pty) Ltd

1984 – 1987 : Construction Director John Sisk & Son (SA) (Pty) Ltd

1977 – 1983 : Contracts Manager John Sisk & Son (SA) (Pty) Ltd

1974 – 1976 : Contracts Manager John Sisk & Son (Rhodesia) (Pty) Ltd


Professional Engineer: Engineering Council of S.A.

Fellow: Association of Arbitrators (SA)

Member: Master Builders Association (KZN)

Member: SAICE

Specialisation

Project Management, Arbitration, mediation and adjudication of disputes arising from building

and civil engineering contracts. Expert technical evidence on structural aspects of the building

industry. Reporting on defects in buildings.

75

ADVOCATE PATRICK MICHAEL MACE LANE SC

Aisels Chambers, 4 Protea Place, Sandown, Sandton. And at: 39 Essex Street, London

Year of Call: South Africa 4 July 1977 United Kingdom 24 July 1997

Silk Call: 22 September 1993

Degrees and Membership: BA.LLB (Wits)

Member of the Society of Advocates SA

Member of the Bar of England, Scotland and Wales

Advocate of the Supreme Court of SA

Fellow: Chartered Institute of Arbitrators (CIArb)

Chartered Arbitrator (CIArb)

Life Fellow: Association of Arbitrators (Southern Africa)

Associate Member : SA Institute of Civil Engineers(SAICE)

Chairman: Africa ADR

Member of the ICC Panel of Arbitrators

Accredited Arbitrator of the Dubai International Arbitrator Centre (DIAC)

Member of the Technology and Construction Bar Association (UK) (TECBAR)

Member of The Society of Construction Arbitrators (UK)

Accredited Mediator of the General Council of the Bar (UK)

Legal 500 website: www.legal500.com.c.london-bar/commercial-arbitration

Member of the Society of Construction Law

Member of the Worshipful Company of Arbitrators

Founding fellow of the Academy of Construction Lawyers

Board Member of the International Academy of Construction Lawyers

Vice-Chairman of the Guiding Committee of the China Africa Arbitration Centre

Accredited Arbitrator of the Shanghai Arbitration Centre

Accredited Arbitrator of the China Africa Arbitration Centre

Member of the Executive of the Arbitration Foundation of SA

Course Director for the Construction Arbitration module (AFSA/University of Pretoria)

SA Representative on the BRICS Legal Forum

Areas of practice: Prior to being called to the Bar in 1977, Patrick 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.

Fields of practice comprehend a specialization of Construction, Arbitration Law and Adjudication and

generally in Contract, Commercial Insolvency, Professional Negligence, Banking, Insurance, IT,

Landlord and Tenant and Mining Law.

A specialization in Construction Law has involved all aspects of Construction Claims and Contracts

for both Employers and Contractors including disputes in relation to dams, roads, power stations,

airports, air force Bases, harbours, pipelines (offshore and onshore), buildings, bridges, aluminium

refractories, hospitals, railway lines, cement filtration plants, sports stadiums, hotels, conveyors, heap

leach pads, electrical installations, acid plants, crushing plants, paving, tunnelling, water reticulation,

water proofing, geotechnical and geological issues, mechanical engineering contracts, sulphuric acid

plants, trains, dredging, issues relating to concrete, piping and instrumentation, elevators,

reinforcement, post-tension slabs, foundations, factories, multi project terminals and design.

Patrick is a member of the Maisels Group and 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. He has been counsel in and a member of the tribunal under

http://www.legal500.com.c.london-bar/commercial-arbitration

76

EU, ICC, DIAC, LCIA and UNCITRAL rules. He is presently chairing numerous adjudications as

well as being a member of a number of Dispute Resolution Boards.

He has published a number of articles in The International Construction Law Review, Construction

Law Journal, DIAC Journal and Arbitration and has given papers at numerous conferences at the

invitation of, amongst others, the ICC, the CIArb, LCIA, DIAC, Association of Arbitrators (Southern

Africa) and AFSA. He has also tutored in construction and arbitration law at the invitation of Kings

College London, CIArb and AFSA.

He has lectured on Arbitration and the FIDIC suite of documents for the Dubai International

Arbitration Centre and Kings College, London and runs a course on Construction Arbitration for the

Arbitration Foundation of South Africa.

77

PROFESSOR ROBERT McCUTCHEON Contact

Cell: 27 83 629 4783

Postal: PO Box 43 WITS 2050..

Email: [email protected]. [email protected].

Present Positions

Professor Emeritus, School of Civil and Environmental Engineering, University of the Witwatersrand;

also, since 2008, Honorary Member of Staff.

Division Head Employment Creation and Development, Malani Padayachee and Associates,

Consulting Civil and Structural Engineers, Randburg (Part-time Consultant).

Research Associate Centre of Full Employment and Equity University of Newcastle Australia

Academic: BSc(Eng)Civil; GDE; MSc; DPhil. Professional: FSAICE, PrEng; FICE, CEng.

Experience

1965-71: Site Engineer (Power Stations); Structural Design Engineer; Computer Programmer; Full-

Time Chairman South African Voluntary Service (SAVS: Jan1969-Aug1970).

1972-1973: During SAVS work became increasingly interested in community and development

engineering, particularly in relation to low-income housing and low-cost infrastructure. He pursued

this interest by reading for an MSc and D Phil at the University of Sussex (School of Mathematics and

Physical Sciences), link: Science Policy Research Unit.

1974-1987: Research in this field led to work in Iran, Botswana and East Africa; and consultancies for

the ILO, the World Bank and UNCTAD. He was responsible for the initiation and implementation of

several programmes of labour-intensive road construction and maintenance. In Botswana and Kenya

the ILO employed him as a Chief Technical Advisor/Project Manager (1980-87).

1987-2007: Professor of Civil and Environmental Engineering, School of Civil and Environmental

Engineering, University of the Witwatersrand.

1994 to 2000: Head of Department/School. Annual Series of Lectures: IIHEE, Delft.

2001 to 2006: Visiting Professor, University of Loughborough UK

2008 to date: Professor Emeritus and Honorary Member of Staff (WITS).

2011 to Date: Division Head, Employment Creation and Construction, MPA, Randburg.

1991 to date: Contributed to the initiation, formulation and implementation of the Framework

Agreement between the Construction Industry, COSATU and SALGO. During 1994 this was

incorporated into the National Public Works Programme, which in turn became the Expanded Public

Works Programme (EPWP).

Summarised publication output: 6 Books; 34 articles in peer-reviewed, accredited journals; 40 papers

in refereed conference proceedings; over 30 substantial reports for international and local agencies.

Member of the editorial panel Municipal Engineer (UK) 2002 to 2006. Co-founder and co-editor

(1994 to 2000): accredited journal: Urban Forum. Winner of the 2002 James Hill Prize for the best

article published in the Municipal Engineer, awarded by the ICE.

Publication Details may be found at www.robert-mccutcheon.com



http://www.robert-mccutcheon.com/

78

Supervision of completed student research (degrees awarded)

WITS: PhD: 9; MSc(Eng): +43. University of Twente, Netherlands & others: 40.Current 9.

2016

McCutcheon, R and Taylor Parkins, F. 2016. Chapter 5: A critical review towards improvement in

Phase 3, in Vaughan, Anne (Lead Editor), Our Expanded Public Works Programme: Reflections on

over a decade. SA Cities Network. ISBN No. 978-0-620-69818-4: pp69-85

Padyachee-Saman, M, McCutcheon, RT, van Steenderen, W and Voolla, J. 2015-2016. MPA team

writing several Chapters for SANRAL and the Committee of Transport Officials (COTO): Standard

Specifications for Road and Bridge Works for State Authorities: Volume Two: Labour-intensive

Construction.

Forthcoming

Govender, C and McCutcheon RT. 2016. An examination of Rand Water‘s scientific skills

development planning to increase its skills pool for the assurance of quality drinking water. WISA

2016.

Recent

McCutcheon. R. December 2015. Council for the Built Environment: Develop a framework on the

incorporation of labour-intensive construction in BE academic curricula.

McCutcheon R. December 2014. Review of Draft Study Report; Panel of Experts for Review of Draft

Study Report for Review of Labour-intensive Training Curriculum for Expanded Public Works

Programme (EPWP).

McCutcheon, RT. October 2014. Council for the Built Environment: Stakeholder Forum. Towards

Development of Built Environment Professionals Relevant to South Africa‘s Needs.

Croswell, JA (Hatch Goba) and McCutcheon, RT (Malani Padayachee and Associates). August 2014.

Guidelines for the Implementation of Labour Intensive Infrastructure Projects under the Expanded

Public Works Programme (EPWP): Comments on the Working Draft of the 3rd Edition 2014, on

behalf of CESA and SAICE.

Segers, I and McCutcheon, R.T. 2013. Labour-intensive construction methods on Dam Safety

Rehabilitation Projects. ICOLD International Symposium. Seattle. August.

Malani Padayachee and Associates (Pty) Ltd, Consulting Civil and Structural Engineers (principal

author, RT McCutcheon). December 2012. ―PQ 7V-8485: Job Creation in the City (of eThekwini):

Skills Development and Employment Creation during the Construction and Maintenance of

Infrastructure, with particular reference to the EPWP.‖

McCutcheon, R., and Taylor Parkins, F. July 2012. The Expanded Public Works Programme: policy,

rhetoric, reality and opportunities foregone during the expenditure of over R40 billion on

infrastructure.

Padayachee-Saman, M., and McCutcheon, R.T. June 2012. Mining and Socio-economic Objectives: a

model for employment creation, skills and SMME development and women‘s empowerment.

Of particular importance McCutcheon, R.T., and Taylor Parkins, F.L.M. (editors). 2003. Employment

and High Standard Infrastructure.

For publication details please see www.robert-mccutcheon.com

http://www.robert-mccutcheon.com/

79

Joubert Nell Date of Birth: 25 July 1966

Postal Address: 19 Jasmine Avenue, Sunridge Park, Port Elizabeth, 6045

Telephone Work: +27 41 811 2478

Telephone Home: +27 41 360 2752

Telephone Cellular: +27 82 789 4312

E-mail address: [email protected]

Relevant Educational Qualifications:

Certificate in Arbitration: Association of Arbitrators (SA)

Programme in Construction Adjudication: University of Pretoria

SIPDM Certification & Registration: National Treasury

NQF 7: Labour Intensive Construction Strategies (LIC): DPW

Baccalaureus Technologiae Civil Engineering (B Tech Eng)

Membership of Institutions:

Member: South African Institution of Civil Engineering (MSAICE)

Professional Engineering Technologist (Civil): Engineering Council of SA (ECSA)

Associate Member: Association of Arbitrators (SA)

Member: Construction Adjudication Association of SA (CAASA)

Career:

Jan 1991 – Oct 2009: Aurecon Group (VW&L, Africon, Aurecon)

Nov 2009 – Mar 2013: Engineering Advice and Services (Pty) Ltd

Apr 2013 – Present: InConsult Engineers (Pty) Ltd

Experience and Expertise:

Speciality disciplines and interest include infrastructure and development services, roads, stormwater,

water and sanitation projects, procurement / contract documentation, contract management, contract

administration, dispute resolution, contractual claims, mediation and adjudication.

Summary:

Procurement & Tender Documentation, Evaluation, Adjudication & Appeals,

Civil Engineering & Building Construction Contract Documentation,

Construction Contract Management & Administration,

Construction Contract Site Monitoring and Supervision,

Contract Law and Construction / Contractual Claims,

Dispute Prevention and Resolution,

Alternative Dispute Resolutions (ADR):

Amicable Settlements,

Mediation,

Expert Determination,

Adjudication,

Dispute Adjudication Boards


80

NIGEL AITKEN CAMERON NILEN

Pr Eng BSc; MICE, C Eng, MSAICE, FAArb

Address: P O Box 107, Plettenberg Bay, 6600

Telephone: (066) 306 8808

Residence:


Present Position: Nilen Civil Engineering Services CC, sole member

Contract Experience: FIDIC, NEC, JBCC, GCC Various, COLTO, various private and commercial.


Listed as adjudicator, mediator and arbitrator on several panels (including SAICE; Assoc. Arbs.

Southern Africa; Eskom; Transnet). Appointed as mediator in civil engineering disputes in RSA and

arbitrator in civil engineering and building disputes inn RSA and Botswana. Many successful

negotiations at ―amicable settlement‖ level. Extensive FIDIC DAB experience whether as one-person

or part of three-person DABs in South Africa, Botswana and Tanzania

Career

1966 Graduated BSc in civil engineering from Heriot-Watt University, Edinburgh.

1996-72 Balfour Beatty, Scotland; Site-engineer to sub-agent on earth dam, concrete ancillary works

and motorway bridges, planning and temporary works design.

1972-74 Balfour Beatty, International; Agent in charge of civil works on multi-discipline mine

expansion project in Zambia.

1974-75 Balfour Beatty, Scotland; Planning and temporary works design on motorway

projects. MICE in 1972.

1975-77 G.Percy Trentham; Agent in building contracts in Scotland and England

1977-78 Balfour Beatty, England; project engineer leading tendering teams on motorway and rail

projects.

1978-80 Wimpey UK; Project manager on large commercial and industrial developments in

England.

1981-89 Grinaker Construction, South Africa; Contracts manager to alternate director on

mining, civil works, power station chimneys, road and rail contracts, various industrial

contracts and, latterly, as project manager on Grinaker LTA Joint Venture on coal

beneficiation plant.

1989-Date Nilen Civil Engineering Services cc; Construction management consultancy specializing

in

tendering and procurement services, contractual claims, dispute resolution and contractual

auditing.

All this evolved into specialising in Adjudication on FIDIC Dispute Boards and various NEC

Forms.

Assignments have been undertaken throughout Southern, Central and West Africa as well as

the Middle and Far East.

International Experience

Angola, Botswana, Ghana, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Tanzania, Thailand,

United Arab Emirates, Zambia, Zimbabwe

Languages

English


81

Official positions held

Association of Arbitrators (Southern Africa) – Some time member of EXCO, Vice-Chairman 2000-

2001

Other activities and publications

Small claims Arbitration tribunal (SCAT Rules) – article published in technical press. University of

the Witwatersrand, sometime external examiner, Department of Construction Economics and

Management.

82

PETER LESLIE ODELL BSc (Civil Eng) MSc (Mining) COM, LLB

Address: 13 Hy Many Place, 8 Frangipani Crescent, Randpark Ridge 2194

Telephone: (011) 201 5340

Residence: (011) 792 1131



Pr Eng (ECSA) MSAICE MSAIMM Mine Managers Certificate AAArb


Civil Geotechnics Underground Construction, Mining

Specializing in

As above


Nil

83

WILLEM HENDRIK OLIVIER

Home address: 1 Summerfields, Admiralty Way, Summerstrand, Port Elizabeth

Postal address: P O Box 20307, Humewood, 6013 - Eastern Cape

Alternative address: 60 Demper Street, Onrus River, 7201 – Western Cape

Telephone numbers: 041 – 583 4056 and 083 593 5506

E-mail address: [email protected]

Educational qualifications

B.Ing. (civil) (1977) University of Stellenbosch

Hons. B-(B. and A.) (1982) University of Stellenbosch

M.B.A. (1984) University of Stellenbosch

M.Ing. (civil) (1988) University of Stellenbosch

Cert. A.Arb. (2007) Association of Arbitrators (Southern Africa)

Cert. F.Arb. (2009) Association of Arbitrators (Southern Africa)

Cert. Specialisation in Construction Law (2010) Association of Arbitrators (S A)

Cert. Commercial Mediation (2012) Conflict Dynamics/University of Stellenbosch

Cert. Arbitration in the Construction Industry (2014) Arbitration Foundation of S A

Cert. Advanced Alternative Dispute Resolution (2015) AFSA/University of Pretoria

Membership of professional institutions

Member - S A Institution of Civil Engineering

Professional Engineer - Engineering Council of S A

Professional Construction Project Manager - S A Council for Construction Management Professionals

Fellow - Association of Arbitrators (Southern Africa)

Commercial Mediator –Africa Centre for Dispute Settlement and Conflict Dynamics

General Commercial Mediator and Arbitrator – Arbitration Foundation of S A

Career

Cape Town City Council (1978-1982) Design engineer of municipal civil infrastructure

Eskom - Engineering Group (1982-1990) Contract/construction/commissioning manager of multi-

disciplinary power station projects

South African Breweries (1990-1994) Construction manager of beer brewery project

Bevman Services AG Switzerland (1994–1995) Construction manager of beer brewery

Saldanha Steel (Pty) Ltd. (1995 -1999) Project manager of multi-disciplinary steel mill, Corex and

DRI projects

M5 Developments (2000-2003) Contracts and project manager of housing developments

Coega Development Corporation (2003- 2014) Contracts and project management of multi-

disciplinary municipal infrastructure, schools, sports stadia and hospital projects


Formal training and work knowledge of JBCC, GCC, FIDIC, PROCSA, ECSA and NEC standard

forms of contract.

Claims advice, adjudication, dispute adjudication board, mediation and arbitration experience of

commercial, engineering design and construction disputes on JBCC, GCC, ECSA, PROCSA and

FIDIC contracts.

Member of the AFSA, AoA, cidb and SAICE Dispute Adjudication Panels

84

EDDIE OTTE PROF. REGISTRATION Professional Engineer (Pr Eng) 702639

Professional Construction Project Manager (Pr CPM) D/247/2004

EDUCATION Doctor of Science in Civil Engineering, 1977

BORN 1945

COUNTRY OF BIRTH South Africa

NATIONALITY South African

KEY EXPERIENCE

Eddie Otte has more than 43 years of Civil Engineering experience. He worked in both Road

Research and Private Consulting engineering. Initially his experience has been in pavement design

and road building materials for roads and airports. Thereafter he has been in design and project

management of civil engineering projects which included roads, airports, streets, railway marshalling

yards, low level bridges, water supply, ground water studies, sanitation, storm water management, and

also contract and site administration of both conventional and labour intensive construction sites.

Key Experience includes project management, asset management, multi-disciplined design

management, contract administration, and supervision of roads, airports, public authority utilities and

water supply and sewerage. Specialised experience in pavement design, construction materials and

project and contract management.

Since retirement from consulting civil engineering practice, he specialised in Mediation, Adjudication

and Arbitration.


RELEVANT PROJECT EXPERIENCE

DATE PROJECT TITLE, LOCATION & DESCRIPTION RESPONSIBILITY

April 2006

to Feb 2011

SOUTH AFRICA, NORTH WEST PROVINCE

Institutional Support to Moses Kotane Local Municipality

on development of water related programs, e.g. Water

Services Development Plan (WSDP), Water Services

Provider Business Plan (WSP BP), Asset Management

Plan (IAMP), O&M Training; Master Planning water

supply

Project management and

assistance.

April 2004

to Feb 2011

Provincial and Municipal Roads, e.g. Mabaalstad road (25

km surfaced rural road); Bridge at Ramokgolela across

Great Marico River; Phokeng to Sun City dual

carriageway road (30km), internal roads at Zeerust,

Manamakgotheng and Majakaneng; rehabilitation Link

Road in Phokeng; gravel roads at Motswedi and Lobatla,


contract administration

Dec 2004 to

September

2008.

Rustenburg Ext 13. Design and Construction of

Water and Sewer reticulation to 1500 stands



OTHER RELEVANT PROJECT EXPERIENCE


October Roads and Bridges Detail Design

85



2000 to

October

2003

Cross City Tunnel (Sydney) detail design – rigid and

flexible pavement design for tunnel and surface road

pavements, subsurface drainage and kerbing.

Bruce Highway, Noosa Shire (Queensland) – planning of

rehabilitation and asphalt overlay design.

Planning and design of

rehabilitation and asphalt

overlay

Randwick Race Course (Sydney) – investigation into

failure and replacement of a specialised asphalt surfacing.

Senior Project Engineer

Ben Chifley Dam Access Road – assessment of

responsibility and advice to solicitors on maintenance and

reinstatement of a rural road.


M5 East motorway (King Georges Road diversion) and the

Perimeter Road at Sydney International Airport (Sydney) –

analyses, evaluation and specialist report on the early signs

of distress in the two pavements.

Senior Project Engineer.

Analyses, evaluation and

specialist report

Pavement (and civil) design and advice for several smaller

projects, e.g. Chippendale Printing in Concord; Gerard

Industries (Clipsal) warehouse in Ingleburn; Great Lakes

TAFE College in Tuncurry; ANSTO parking and local

roads; Dulux Australia; Port-Air Industrial Estates.

Pavement and Civil design

Engineer

Olympic Village (Sydney) – Street pavement, advice and

assessment of appropriate crack repair and rehabilitation

strategies.


Wetherill Park (Sydney) – Cracked pavement of

subdivision. Assessment of and advice to owner on causes

and a repair strategy.


Cairns Waste Facility – Pavement design of internal roads

constructed on a refuse dump.

Pavement design Engineer.

International Cargo Facility at Sydney International

Airport (Sydney) – Planning and advice on pavement

design for the concrete floor of the large warehouse and

roads.

Pavement design Engineer.

Airports

Wide-Bodied Aircraft Maintenance Hangar (Sydney

International airport).


1977 to

2000

Roads and Bridges

Mutale River Bridge and approaches Project management and


Surfaced rural roads, 15 kilometres Sinthumule to Kutama. Project management and


Surfaced rural Road, 40 kilometres, Elim to Letaba Project management

Access roads and internal roads, University of Venda. Design, project management

and contract administration

Surfaced rural road, Schoonoord to Apel, 35 Kilometres, 2

separate contracts



Rural gravel road, Happy Homes to Green Farm, 5

kilometres

Design and Contract

administration

Resurfacing and crack sealing, Moganjaka rural road, 20

kilometres

Design and contract

administration

Surfaced rural road, Mavambe, 12 kilometres, 3 separate

contracts



Design and construction of 19 low- level bridges, 4 Project management and

86



separate contracts contract administration

Labour Intensive construction of 20 kilometres of rural

roads and streets, 2 projects in Venda and Gazankulu

Design and project

management

Plettenberg Bay rural dual carriageway freeway, 40

kilometres

Materials and pavement

design

Concept design of three rural road and bridge projects

(total length 40km)


design

Design and construction of 8 bridges and approach roads at

Musekwa, Mutshedzi, Nwaridi, Nsami, Strydomloop and

Ngwedi Rivers

Project manager

Roka-Mashishi gravel access road, labour intensive

construction

Design, Project management


Municipal Services

(a) Streets

Pietersburg City Council, 3 separate contracts,

reconstruction of 12 heavily trafficked streets



Westonaria Town Council, construction of streets Resident engineer

Several towns, e.g. Karenpark, Midrand, Westenburg. Project management and


(b) Parking areas (including stormwater management and

pavement design)

Belle Ombre railway station, Atomic Energy Board, and

University of Pretoria – parking areas stormwater

management and services relocation

Planning and design

4 Separate contracts for the University of Venda and

Tshilidzini Hospital

Planning design and contract

administration

(c) Water and Sewerage reticulation

Planning and Design of Water and Sewer reticulation

networks at Tshilidzini Hospital, Mankweng Nurses

Training College, University of Venda Administration and

Sciences Blocks, three automatic telephone exchange

buildings in Venda, Police Head Quarters in Venda, and

Main Post Office in Venda.

Planning and Design. Project

management

Messina, water and sewer reticulation networks and

oxidation ponds, 400 Erven

Design and contract

administration.

Airports

Johannesburg International Airport, main runway – and

open-graded asphalt resurfacing materials and pavement

design


design

Pietersburg Municipal Airport, aprons non-scheduled

aircraft.



Hoedspruit Air force base, taxiways, runways and aprons. Design Engineer

Gateway International airport, 3 separate contracts to

reseal and remark the pavements and aprons, and provide

fillets at turning circles on runways and taxiways.



Water Supply

Mutuale regional water supply – location, drilling and

testing bore holes, construction reservoirs and reticulation

network.



Water supply to 22 rural villages (e.g. Buysdorp, Ha-

Makuya, Disliking), bore hole location and development,

storage reservoirs and reticulation network, labour

intensive construction methods.

Design and project

management

87



Project Management

MIP and EMIP in the Northern Province (Limpopo). Responsible for the team

managing all the design

consultants for the

implementation of the various

infrastructure projects of the

two programs for Limpopo.

Venda Schools Building Program. Managing the design and

construction of several

schools, classrooms, toilets

and laboratories in Limpopo.

Capital Works Program for the upgrading and construction

of hospitals, clinics and wards on behalf of the Department

of Health in the Northern Province.

Project Management

Road Management System (RMS) on 16100 km of gravel

roads and 6500 kilometres of surfaced roads in the

Northern Province (Limpopo)

Project Management

Project manager for repair of flood damage to roads in the

Northern Province (Limpopo)

Project Management

Project manager for reconstruction of four flood damaged

bridges in Northern Province.

Project Management

National Institute for Transport and Road research (NITRR),

CSIR, Pretoria

Research on the properties and behaviour of cement and

lime treated materials

Researcher

Development and implementation of the Heavy Vehicle

Simulator (HVS)

Development and

Implementation

Development of a structural pavement design procedure

for cement – treated layers in pavements

Development

Planning, design and monitoring of several full-scale road

pavement experiments

Planning, design and

monitoring

EDUCATION

Date Institution Qualification Obtained

1966 University of Pretoria Bachelor of Science in Engineering (BSc)

1969 University of Pretoria Bachelor of Science (Honers) in Engineering

1973 University of Pretoria Master of Science in Engineering (M Sc)

1974 University of California, Berkeley Master of Science (MS)

1977 University of Pretoria Doctor of Science in Engineering D Sc(Eng)

1985 Institute of Arbitrators Diploma in Arbitration, Dip Arb.

1986 Institute of Civil Engineers Fellow of South African Institute of Civil

Engineers

1969 ECSA Registered Professional Engineer, 702639

CAREER RECORD

Date Employer Position

April 2004 to Feb

2011

Vela VKE Consulting Engineers, Rustenburg Senior Project Engineer and

office Manager, North West

2000 to October

2003

Connell Wagner, Sydney, Australia Senior Project Engineer

1977 to 2000 Africon, South Africa Director and Regional Manager

1967 to 1977 National Institute for Transport and Road Senior Chief Research Officer

88

CAREER RECORD

Date Employer Position

Research (NITRR), CSIR, Pretoria, South

Africa

COURSES & CONFERENCES ATTENDED

1. Date Details

Numerous.

COMMITTEES & COUNCILS

2. Date Details

June 2005 to

August 2010

Chairman North West Branch of CESA

PUBLICATIONS & PAPERS PRESENTED

3. Date Details

1973 E Otte - ―The performance of two pavements containing cement-treated crusher-run bases‖

NIRR-PCI symposium on cement treated crusher-run bases, Johannesburg, February 1973.

1973 C P Marais, E Otte & L A K Bloy - ―The effect of grading on lean mix concrete‖ Highway

Research Record, 441,1973, pp 86-96.





1974 E Otte -―The stress-strain curve of cement and lime treated materials‖, Proc. Second

Conference on asphalt pavements for Southern Africa (CAPSA ‘74), 1974, pp 3-14.

1974 E Otte - ―Road tests prove performance of cement sub-bases‖, Construction in South Africa,

June 1974 pp 31-39.

1975 E Otte & PK Mehta - ―Expansive cements and cement-treated base courses in pavements‖, The

Civil Engineer in South Africa, September 1975, pp 227-230.

1976 E Otte - ―Why lime can improve the properties of clayey soils‖, The Civil Engineer in South

Africa, Vol 18, No 9, p207, September 1976.

1977 E Otte - ―A short description of the structural design procedures for non-reinforced concrete

pavements‖, Seminar on Concrete Pavements, University of Pretoria, July 1977.

1978 E Otte - ―Thermal effects in cemented pavement layers‖, The Highway Engineer, Vol 25, No

10, December 1978, pp 2-8, 21.

1976 E Otte & CL Monismith - ―Some aspects of upside-down pavement design‖, ARRB

Proceedings, Vol 8, 1976, pp 1-7.

1979 E Otte - ―Analysis of a cracked pavement base layer‖ Transport Research Record, 725, 1979,

pp 45-51.

1979 E Otte - ―The CBR pavement design procedure‖, The Civil Engineer in South Africa, April

1979, pp87-93.

1980 CR Freeme, E Otte & MF Mitchell - ―The economics of pavement type selection for major

roads‖, Pavement Type Selection Committee, National Transport Commission, April 1980.

1982 E Otte, PF Savage & CL Monismith ―Structural design of cemented pavement layers‖,

Transport Engineering Journal, ASCE, Vol 108, No TE4, July 1982, pp 428-446.

1986 E Otte & JM Clifford - ―The structural design of an airport pavement‖, Proc, International

Conference on bearing capacity of roads and airfields, Plymouth, England, September 1986.

1989 S Phupheli & E Otte - ―Labour intensive road construction: A Venda experience‖, Proc. Fifth

conference on asphalt pavement for Southern Africa (CAPSA ‘89), Swaziland, June 1989

1991 GC Simpson, J van Wamelin , E Otte & D R Hovy - ―Water supply for informal settlement and

rural communities‖, Southern African regional conference on construction for development,

Malawi Board of Architects and Quantity Surveyors , Malawi, September 1991.

89

PUBLICATIONS & PAPERS PRESENTED

3. Date Details

1993 E Otte, A J Pienaar, C Briers & E Wood - ―Labour intensive bridge construction in Lebowa – a

case study‖, Symposium on labour intensive construction, Eskom Training Centre, March

1993.

1993 E Otte, S Mnisi & P Makananise - ―Labour intensive construction of streets in Malamulele, a

district of Gazankulu: a case study‖ Symposium on labour intensive construction, Eskom

Training Centre, March 1993.

1994 E Otte & A J Pienaar - ―Resurfacing reduces deflection and increases life: a case study‖ Proc.

Sixth conference on asphalt pavements for Southern Africa, (CAPSA ‘94) Cape Town,

October 1994.

1995 E Otte & A J Pienaar - ―Low level Stream Crossings in Developing Areas‖, Proc. Sixth

International Conference on Low Volume Roads, Minneapolis, Minesota, June 1995, Vol 1, p

339. 1995.

DISSERTATIONS

The stress-strain properties of cement-treated materials, MSc (Eng)-dissertation. Department of Civil

Engineering, University of Pretoria, 1972.

A structural design procedure for cement-treated layers in pavements. DSc (Eng)-thesis. Department

of Civil Engineering, University of Pretoria, 1978.

AWARDS

Award for Meritorious Research, South African Institute for Civil Engineers, 1981.

90

Jeff Pipe

RESIDENTIAL ADDRESS: 55 Golfview Drive,Thornhill Estates,Modderfontein, Johannesburg

CONTACT DETAILS: Cell: 083 308 1088;


Educational Details

TERTIARY EDUCATION: ND Civil Cape Technikon ( 1987), NHD Civil Cape

Technikon (1988).

CIVIL ENG OCCUS (~BSc Civil Engineering 3&4 year

University of Cape Town (Completed 1990).PMD Gibbs

(2002). Cert in Arbitration (2016). Pr Eng (ECSA), Pr CPM

(SACPCMP), Pr C Mentor (SACPCMP)

Introduction and Career Summary

Having worked for LTA Building Cape (1984 to 1990) in positions ranging from Site

Engineer to Site Agent, I have been exposed to all aspects of a construction site. My

experience includes the construction of numerous medium to high-rise concrete framed

structures with brick in-fill on restricted sites to tight budgets and programmes.

Having worked as a Design Engineer for both J.A. Tonks and Associates,

England (1991&2) and the Anglo American Corporation Civil Engineering

Department (1992&3) I have developed design experience on a large variety of

structures and services in most of the engineering materials.

Having worked as a Resident Engineer (1993&4), a Regional Engineer

(1994&5) and a Project Engineer/Manager (1995&6) for the Anglo American

Corporation, I have been involved in the co-ordination and management of

engineers, draught-persons, site personnel and contractors on both surface and

underground structures and projects of major concrete works.

My experience as a Regional and Project Engineer/Manager for the Anglo

American Corporation (dates as above) has given me sound experience on the

compilation of specifications, contract documentation, contract programmes,

feasibility studies, and technical reports

This combined construction/design/management and contractual experience led to the Anglo

American Corporation offering me a position as a Consultant Project Engineer/Manager

(1997&8), which later led to a position as the Lead Civil Engineer/ Civil Project Manager

(TWP) on the construction of the Anglo Platinum Bafokeng Rasimone Platinum Mine.

Following this I was employed by De Beers as their group civil Engineer, where my

responsibilities included the project management of a variety of civil engineering projects, as

well as the compilation of codes of practices and contractual conditions/amendments for civil

and structural works. I left De Beers in 2003 and formed a company called Archway Projects;

where I was appointed the Senior Project Manager to project manage the design and detail

of a multi discipline-engineering project for the Sappi Ngodwana Mill. Following that I have

been extensively involved with the project management of a multitude of projects within the

inner city of Johannesburg, and was appointed the project manager on numerous projects that

had to be recovered after falling behind programme for the 2010 World Cup.

Over the past 15 years I have been a share holder in Archway Projects, where we

have fulfilled the role as Principal Agent and Project Manager on over 50 projects

for the City of Johannesburg. These projects have involved alterations and

extensions to buildings (schools, clinics, office blocks, residential units),

renovation of existing buildings and facilities, the building of new buildings, huge

urban upgrades, the planning, design and implementation of the BRT within

central Johannesburg, the upgrade of the entire precinct of both the Ellis Park and

the Soccer City stadiums and numerous urban and environment upgrades. These

projects have involved taking the project through the full project life cycles from

initiation, feasibility, design development, tender, implementation and then hand


91

over. During this period I have been involved with a large variety of project

challenges such as social challenges, heritage challenges, environmental

challenges, technical challenges, time line challenges, budget challenges, quality

and specification challenges, etc. All of which were successfully resolved and the

projects were all brought in on time, to specification and within budget.

Over the past 6 years I have been extensively involved within the green energy

arena, consulting to EPC Contractors. I successfully project/construction/Contract

managed the EPC contract for the installation of nine 3 MW wind turbines

installed in PE, the installation of the 66 MW Boshof solar plant outside of

Kimberley and 2x 10MW Solar plants in Namibia. During this period I also

project managed and contract managed an 11 story process plant in Marikana

(2017)

Over past 6 years. I have been extensively involved in contractual aspects (SPD

Consulting), including being that of presenting a 3 day course to Anglo Platinum

in FIDIC, NEC, JBCC and GCC. I further have been involved in carrying out

construction audits for Contractors as well as the resolution of a variety of

disputes, or being directly involved in the disputes themselves where matters have

been taken to arbitration as well as the high court for resolution.

My broad range of experience being that of a contractor, a designer, a

claims/Contract consultant, a project engineer, a construction manager and a

project manager on a variety of EPC and EPCM projects has led me to conclude

that the Adjudication process is one of the best forms of construction dispute

resolution.

92

STEPHEN DAVID POORTER

Pr Eng, Pr CM, BSc Eng (Civil), B Com, MSAICE, FAArb

Address: 11 Douglas Road, Cowies Hill, KwaZulu Natal

Telephone: (031) 710 6100

Residence: (031) 702 3629



Professional Engineer, Engineering Council of SA

Professional Construction Manager, SACPCMP

Member South African Institution of Civil Engineering

Fellow of Association of Arbitrators Southern Africa


Qualified with BSc Eng (Civil) from University of Cape Town in 1989

Road and structures design for Eskom 1990 to 1992

Project Manager Eskom Majuba Power Station 1992 to 1994

Registered as Professional Engineer 1994

Full member of SAICE 1995

Contracts Manager Concor Civils 1994 to 2002

Completed Construction Management Program Stellenbosch University 2001

Mill Civil Engineer and Project Manager – Sappi Tugela 2002 to 2004

Senior Contracts Manager Grinaker-LTA 2004 to 2009

Registered as Professional Construction Manager with SACPCMP 2004

Completed BCom degree through UNISA 2007

Contracts Director Grinaker-LTA 2009 to 2012

Accepted as Fellow of the Association of Arbitrators SA 2010

Operation Executive 2012 to present

Specializing in

Construction Disputes

93

ADV PETER ALAN ASTON RAMSDEN PR ENG

Address: Chenin Blanc No 6, 227 Pleiades St, Waterkloof Ridge 0181

Cell: 082 557 9927


Academic qualifications

BSc (Civil Engineering), University of Cape Town

BCom (Economics and Accounting), University of South Africa

MBL (Master of Business Leadership), University of South Africa

LLB (majoring in Contract law), University of South Africa

Registered Professional Engineer: Engineering Council of SA

Member: South African Institution of Civil Engineers

Advocate of the High Court of South Africa

Author of McKenzie, The Law of Building and Engineering Contracts and Arbitration 6th and 7th

editions - Juta Law.

Author of The Law of Arbitration - Juta Law

Author of A Guide to Intellectual Property Law – Juta Law

Author of articles on procurement and arbitration in international and local journals.

Course on Negotiation of Financial Transactions UNITAR (United Nations Institute of Training and

Research);

Two Courses on Alternative Dispute Resolution UNITAR

Attended courses on GCC, JBCC, and NEC3.

INTRODUCTION:

Peter Ramsden specialises in the contractual/legal and financial aspects of infrastructure projects.

Peter has consulted in South Africa, Botswana, Tanzania (off-site), Lesotho, Namibia, Ethiopia and

Uganda. His clients have included national government departments, public enterprises such as

TCTA, SANRAL, Eskom, municipalities and international funding agencies including World Bank,

JICA, USAID, DANIDA, DFID, SIWI, and EU.

Peter has compiled numerous infrastructure related contracts, including contracts for pipelines, fibre

optic cables, mining operations, hydro power generation, water take off agreements, funding

arrangements and operations agreements.

As legal counsel Peter has advised and represented contractors and employers (clients) with disputes

and litigation in the roads, telecommunication, electricity generation, mining, water, building and low

income housing sectors.

Peter is on the President of SAICE‘s panel of adjudicators and arbitrators and has been nominated by

the President as adjudicator and arbitrator for a number of disputes.

As a sample of recent experience, Peter has:

Decided on several disputes as arbitrator and adjudicator, including water and

sanitation projects, structures, road and freeway projects, and bus services, and served on the

standing Dispute Adjudication Board of major projects;

Advised Lesotho Highlands Water Commission on the interpretation of the Treaty

(Contract) between RSA and Government of Lesotho and the Royalty payments between the

94

parties;

Undertaken a prudency review of Transnet‘s Durban – Johannesburg Multi-Purpose

(fuel) Pipeline for NERSA;

Provided legal advice to Department of Water Affairs on the development of the R16

bn Mkomazi Water Project.

Advised SANRAL on a number of contractual disputes including the Gauteng

Freeway Improvement Project,

Advised SOE‘s on procurement irregularities,

Advised and represented parties as counsel, including on three large wind turbine

contracts and on mining and construction contracts.

95

STUART JOHN RIDDLE Postal address: PO Box 176, Patensie, 6335

Work Tel: 041-5814940

Home Tel: 042-2830892

Cell: 083 250 2165


Qualifications/memberships:

conducting dispute resolution on a HNDT Civil : 1984

Professional Construction Manager: SACPCMP Registration Number C/256/2005

Fellow of Association of Arbitrators (Southern Africa) : Registration Number 2046/2011

Overview of Experience:

1977-1987

Employed as a Technician at the Port Elizabeth Municipality

Gained experience in the design of roads, stormwater, sewers and in construction

division.

Was promoted to Senior Technician in charge of my own construction team.

1987-1994

Joined Basil Starke Civils (Pty) Ltd as a Site Agent

Worked on numerous contracts in throughout the Cape Province.

Largest contract as Project Manager/ Snr Site Agent was Mossref Refinery Underground

Piping contract which was in excess of R1 billion in today‘s terms.

Was promoted to Contracts Manager for the Southern Cape and completed a number of

contracts in that area before being transferred to the Western Cape.

There I constructed the major road between Gouda and Piketberg, amongst other works

in the area.

I was transferred to the Eastern Cape as Contracts Manager in 1993.

Basil Starke Holdings (Pty) Ltd was voluntarily liquidated in 1994.

1994-2012

Formed Omega Civils (Pty) Ltd in April of 1994.

I have been Managing Director of the company since its inception, through its growth

and to 2012.

Omega Civils (Pty) Ltd is a CIDB 7CE PE company which has now successfully

administered and completed over 520 contracts in the Eastern Cape.

I have therefore become fully conversant and have an integral understanding of all

aspects of the construction process, from the tender stage, through planning, construction

and dispute resolution, where necessary.

This knowledge extends to all of the industry standards and conditions of contract viz.

General Conditions of Contract, JBCC2000, CSRA, SABS 1200 etc.

The scope of works undertaken includes bulk earthworks, major roadworks, sewer, water

and stormwater reticulation and full township services installation.

During this period, I gained my professional status as a Construction Manager and also

studied for 4 years to become a Fellow of the Association of Arbitrators (Southern

Africa).

We established Omega Construction and Building (Pty) Ltd in 2005 and this company

now forms part of the group together with the Omega Administration Trust.

The group now turns over in the region of R200mil per annum.

2012 – date

I appointed an incumbent whose purpose it was to relieve me of my position as

Managing Director over time. It is my intention to continue to function as Chairman of

the Omega Group until retirement whilst more full time basis.

96

DAVID IAN SPOONER

Address: 15 Eridge Road, Forest Town, Johannesburg. 2193

Cellular: +27 82 332 0082


Education

BSc (Civil) University of the Witwatersrand (1978)

Construction Management Programme- University of Stellenbosch (1989)


Member South African Institution of Civil Engineering

Professional Engineer 1984 (ECSA 840515)

Fellow Member Association of Arbitrators (South Africa)

Member Construction Adjudication Association of South Africa

Experience

From 1979-2016, 37 years in both local and international construction industry

1995-2000- Managing Director Grinaker Civil Engineering

2001-2005- Managing Director Grinaker-Lta Major Projects and Middle-East

2003-2005- Director Al Jaber- LTA LLC (ALEC) based in Abu Dhabi, United Arab Emirates

2007- Appointed Managing Director Grinaker-LTA Civil Engineering

2011- Construction Executive- Liviero Civil Engineering

2015- Independent Commercial and Engineering Consultant

Major Commercial

Experience

Project

Value

(USD)(M)

Year

Complete

Location Claim

Value

(USD) (M)

(Settled)

Role

RSA Government-

Municipal Services 28 2014

Lephalale (RSA)

6

Lead

Commercial

Team

RSA Football World

Cup 2010 Stadia 420 2010

Johannesburg/

25

Lead

Commercial

Team

Port Elizabeth

Sishen Iron Ore Crusher

40 2006

Kathu (RSA)

5

Lead

Commercial

Team

Desalination Plant-

Qatar 40 2003

Qatar

8

Lead

Commercial

Team

Sasol Gas Pipeline

(Mozambique to RSA) 250 2002

Mozambique/RSA

24

Lead

Commercial

Team

97

DENNIS SINKONDE

BEng (Civil Engineering), MSc (Highway)

Address: Suite 79, Private Bag X18, Honeydew, 2040

Telephone: (011) 907 6700

Fax: (011) 011 869 7434



Pr Eng, F.A.A.Arb, MSAICE, REng (Zambia), MEIZ (Zambia)


Construction and Project Management Dispute Resolution

Has over 18 years (2015) of experience in South Africa, Zambia and China in the design of new &

rehabilitated pavements, Road condition surveys and data analyses, storm water analysis and design,

specifications, documentation, construction supervision and has working knowledge of FIDIC,

General Conditions of Contract, JBCC and NEC3 Conditions of Contract. During the past eighteen

years, experience has been gained in material assessments, quality control and verification, condition

surveys, investigations, preparation of bills of quantities, specifications, contract drawings, cost

estimates, bid evaluation, contractor claims valuation, final accounts, close out.

Dennis Sinkonde is a qualified Arbitrator / Adjudicator and has handled construction related disputes

using either arbitration or adjudication methods within South Africa and Zambia. His work experience

can be summarised as follows:

2012 – to date Aphane Consulting (Director : Roads)

2009-2012 Aphane Consulting (Senior Engineer responsible for all road projects)

2007-2009 ASCH Consulting Engineer (Civil / Pavement Engineer)

2003-2007 Chang‘An University (Student) (China)

1997-2003 Kiran & Musonda Associates Ltd (Civil Engineer) (Zambia)

Specializing in

Civil, Pavement and Materials Engineering

Civil Engineering works Dispute resolution experience using FIDIC Suite of Contracts, GCC (2004 &

2010 Editions) and JBCC Condition of Contracts

Publications

Dennis Sinkonde, Hao Pei Wen and Xiao Qing Yi. The Use of Inexpensive Equipment in the

Evaluation of Aggregate Surface Energy. The Journal of Testing and Evaluation of American Society

for Testing and Materials. ISSN 0090-3973, Volume 35 Issue 6 (November 2007)

Dennis Sinkonde. Developments in the Design of Flexible Pavements. The Zambian Engineer:

Journal of the Engineering Institution of Zambia. ISSN 1608-6678, Vol 40 No. 1; April / May 2007.

Dennis Sinkonde. Moisture Damage in Hot Mix Asphalt: A literature Review. The Zimbabwe Journal

of Science, Engineering & Technology. ISSN 2306-5893, Vol 1 No. 2; November 2013.

98

RODERICK DUDLEY STEWART

Abbreviated Curriculum Vitae

Profession

Civil Engineer

Contact Details

Phone: +27 (0) 33 347 7945

Mobile: +27 (0) 82 331 0668


Current Position

Director, Construction Project

Management

Date of Birth

09/11/1962

Joined UWP

01/08/1992

Nationality

South African

Academic Qualifications

MEng (Civil Engineering) (Cum Laude),

1988

BSc (Civil Engineering), 1986


Member, South African Institution of

Civil Engineering, 1997

Professional Engineer, Engineering

Council of South Africa, 1996

Association of Arbitrators of Southern

Africa, Fellow, 2018

Languages

English, Afrikaans

Countries of Work Experience

South Africa, Zimbabwe, Zambia,

Tanzania, Botswana, Democratic

Republic of Congo, Ghana

Appointments

2014 – Current: Director, Management

Services, UWP Consulting (Pty) Ltd

2012 – 2013: Director, International

Key Experience

Business development

Feasibility studies for capital projects

Construction project management, contract management and

administration

Labour intensive construction project management

Road pavement structural analysis and design

Pavement management systems; Design of civil infrastructure (roads,

water)

Specialisation

Road Pavement Engineering; Road Pavement Management Systems;

Labour Intensive Construction; Construction & Contract Management

Selected Relevant Projects

Compilation of a suite of NEC4 contract documents for a grain silo

development project in Standerton, South Africa. Project Value R 38

million (2018)

Consultancy services for the Construction Supervising Engineer (FIDIC)

for the Lusaka Water Supply, Sanitation and Drainage Project : Project

value USD 220 million (2016 – 2018)

Construction management of mining infrastructure at Asanko Gold Mine

(Ghana) in terms of ICU methodology (NEC3 Option B): Project value

USD 27,000,000 (2016 – 2018)

Conducting a feasibility study for waste water and associated by products

re-use for the City of uMhlathuze and conclude the procurement of a

Public Private Partnership; project management and contract management

: Project value R21 million (2016 – 2018)

Project and construction management of mining infrastructure,

earthworks, and civils for the Boss Mining Concentrator and the Luita

Hydromet Project in the DRC in terms of ICU methodology (NEC3

Option B): Project value R 258 million (2011 – 2014)

Construction management of main access road and bulk earthworks for

ore processing plant at Mkuju River Mine, Tanzania : Project Value >

R 216 million (2010 – 2015)

Management of tender phase of contract for open pit mining of platinum

at Mareesburg Platinum Mine, Limpopo : Project Value ± R 1.8 billion

(2012)

Preliminary design of access roads for the Ntaka Hill Nickel Project,

Tanzania : Study Value $ 150 000 (2012)

Construction management of mining infrastructure (early works) at

Ghaghoo Diamond Mine, Botswana : Project Value R21 million (2011)

Management of infrastructure construction for Ngezi Mine expansion

project, Zimbabwe : Project Value >R 500 million (2004 – 2012)

Feasibility study – Owner Mining vs Contract Mining – for open pit

mining at Williamson Diamond Mine, Tanzania : Project Value

R 380 000 (2010)

Imerys/SAMREC open pit mining contract study, Limpopo : Study Value

R 280 000 (2009)

Mine infrastructure optimisation study for Rhino Andalusite Mine,

Limpopo South Africa. Study Value R 350 000 (2007)

Construction management of new 15km access road and overburden

99

Business Development, UWP Consulting

(Pty) Ltd

2008 – 2012: Director, Construction

Management, UWP Consulting (Pty) Ltd

1997 – 2008: Associate/ Director/ Office

Manager (Limpopo), UWP Consulting

(Pty) Ltd

1995 – 1997: Resident Engineer Eshowe,

UWP Consulting (Pty) Ltd

1992 – 1995: Office Manager Umtata,

UWP Consulting (Pty) Ltd

1991 – 1992: Project Manager, Institute of

Transport Technology

1990 – 1991: Asset Management

Engineer, Toll Road Concessionaires

(TOLCON)

1989 – 1990: Design Engineer, Geustyn

Forsyth & Joubert Inc

stripping for Mwambashi Copper Mine, Zambia : Project Value R 56

million (2007 – 2008)

Management and construction of new tailings storage facility for Munali

Nickel Mine, Zambia : Project Value R 27 million (2008)

Design and construction contract management of mining infrastructure at

Baobab Shaft, Limpopo : Project Value R 19 million (2006 – 2008)

Design and construction management of mining infrastructure at Two

Rivers Platinum Mine, Limpopo : Project Value R 18 million (2003)

Design and construction management of mining infrastructure at Messina

Platinum Mine, Limpopo : Project Value R 21 million (2001 – 2002)

Design and construction management of mining infrastructure at Mimosa

Mine near Zvishavane, Zimbabwe : Project Value R 19 million (2002)

Design and construction management of mining infrastructure at

Klipspringer Diamond Mine, Limpopo : Project Value R 34 million (1998

– 2000) Design and construction management of mining infrastructure at

Kroondal Platinum Mine, North West Province : Project Value R 19

million (1998 – 2000)

Contract documentation and contract administration for open pit mining

at Marsfontein Diamond Mine, Limpopo : Project Value R 124 million

(1998 – 2000)

100

DAVID ALISTAIR STEPHEN

Pr Eng, Pr CPM, BSc Eng (Civil), MBA, LLB, MSAICE, FWISA, FAArb

Address: 4 Sandhurst Gardens, 31 Copson Close, Chase Valley, Pietermaritzburg, KwaZulu-

Natal, 3201

Telephone: 033 341 1237

Cellphone: 083 441 5593


Education:

1980 BSc Engineering (Civil) (First Class Honours) degree, University of Cape Town

1989 Master of Business Administration (MBA) degree, University of Cape Town

2011 Bachelor of Laws (LLB) degree, University of KwaZulu-Natal

2015 Fellowship Admission course, Association of Arbitrators (Southern Africa)

Professional Registrations and Memberships:

Pr Eng (ECSA No. 920360)

Pr CPM (SACPCMP No. D/1307/2006)

MSAICE (SAICE No. 13276)

FWISA (WISA No. 20599)

FAArb (Association of Arbitrators (Southern Africa) No. 3438)

Work experience:

Over 30 years‘ experience in the water engineering sector in South Africa, including the Department

of Water Affairs, Stewart Scott Incorporated (a large multi-disciplinary consulting engineering firm),

and currently with Umgeni Water (SA‘s second largest water utility).

Worked as a Civil Engineer in the planning, design and construction phases of a number of water

infrastructure and sanitation projects of varying size and complexity in the Western Cape, Eastern

Cape and KwaZulu-Natal.

Currently working as Contracts Manager in Umgeni Water‘s Project Office, dealing with a wide range

of contractual matters and dispute resolution processes relating to the implementation of numerous

large multi-disciplinary infrastructure projects (mainly GCC, with some FIDIC contracts).


101

KEVIN SPENCE

CURRICULUM VITAE: KEVIN SPENCE

Kevin Spence (Civil Engineer)

Nationality: South African

Language: English/Afrikaans

Contact: +27 (0)836754349


1. Introduction

Kevin is a registered Professional Civil Engineer, Mediator, Adjudicator and Arbitrator with over 45

years‘ experience in the Construction Industry. His experience spans across Earthworks, Freeway

Construction, Airport Runway Rehabilitation, Civil and Building Construction, Dams, Water

Retaining Structures, Pipeline Construction, Concrete Structures, Asphalt and Concrete Road

Surfacing.

With a passion for the law and extensive construction experience, Kevin completed the Fellowship of

Arbitrators Qualification and the Specialisation in Construction Law[ Post Graduate Course offered

by the Association of Arbitrators] and currently specialises in large scale Construction Claims and

Dispute Resolution.

Kevin is considered an expert on the FIDIC suite of contract documentation as well as the other three

forms of contract prescribed by the CIDB. He facilitates regularly on all the four types of contract

documentation both locally and internationally. He is the only FIDIC accredited trainer in South

Africa.

Kevin is an admitted member of the FIDIC President‘s List of Adjudicators

2. Experience

2014 – Date: Independent Consultant

2007-2013: Binnington Copeland and Associates –Director and General Manager

1995 – 2007: Owner/Managing Director – Spray Pave (Pty) Ltd (Road Surfacing)

1985 – 1992: LTA Construction – Managing Director - Various Group Companies

1982 – 1985: ZAI Consulting – Construction Manager

1977 – 1982: Basil Read (Pty) Ltd - Specialist Engineer-Concrete Roads

3. Dispute Resolution Experience

Over the last 15 years Kevin has been involved as Mediator, Adjudicator, Arbitrator and expert

witness on approximately 60 dispute matters.

Presently appointed on Dispute Adjudication Boards (DAB) in numerous matters in and out of South

Africa.

Recent appointments include:

Adjudicator on 2 Road Contracts for eThekwini Municipality BRT System in Pinetown, RSA [

GCC 2010](Project Duration 2 years: 2015-2016)

DAB member-4 Contracts for eThekwini Rehabiltation of Roads [ GCC 2010] (2015-2016)

Adjudicator/mediator-5 disputes in Namibia, appointed through the EPA [Namibia] [FIDIC](

2015-2017)

102

Adjudicator: Coega v Scribante Construction-Eastern Cape-Road Contract [ FIDIC] (2016)

Adjudicator: Liviero v Ekhurhuleni Local Authority [GCC2010]( 2015-2016)

Adjudicator: Basil Read v Esor, Olifants River Water Resources Development Project [

FIDIC] ( 2017]

DAB member : New Maputo Airport, Mozambique [ FIDIC] ( Project Duration 2015-20170

Arbitrator : Frankwela v Lepelle Northern Water, Polokwane [ 2016-2017]

City of Windhoek, Namibia and Tecnonam Roads and Bridges-[FIDIC] ( Project Duration

2015-2017)

Advisor to Nigerian Ministry of Water Affairs and Agriculture on TRIMING Project.

There are 4 separate FIDIC Contracts with a combined value of USD$ 500million.

Current Appointments include

DAB Member: Neckartal Dam Project, Karas Region, Namibia [FIDIC]-Ongoing- 3 years to

date. Project Value USD $400million

DAB-Sole Member: City of Windhoek -Rehabilitation of Roads in Windhoek, Namibia [

FIDIC]-ongoing

DAB-Sole Member: Cornubia Interchange, Umhlanga, KZN. Project Value USD $ 30

million-to be complete in June 2018

DAB Chairman:Extensions to Simon Vermooten Road, Pretoria [FIDIC] Project Value USD$

40 million[ Ad hoc DAB-complete in May 2018]

DAB-Sole member: 2 Road Contracts in Ethiopia-value USD$ 500million

Construction Works of Pawi Junction – Renaissance Dam (Guba) Road Upgrading

Project, Contract 1: Pawi Junction – Km 69

-Nairobi-Addis Ababa Road Corridor Project Phase III: The

construction of Balance of works for Lot 2: Chuko – Yirgachefe (60 Km)

DAB Member: NRA N001-160-2014/2: Winburg [ ad Hoc DAB]

He was intimately involved in the claims process for the Kusile Power Station Project, including

matters which were referred to adjudication as well as arbitration. Kevin was a member of the Main

Claims Committee for Eskom, Kusile for 5 years form 2009-2013-this committee oversaw the R28bn

contingency fund on the contracts awarded.

4. Education

2008 – Specialisation in Construction Law. Association of Arbitrators (SA)

2004 – Fellowship Course – Association of Arbitrators (SA)

1989 – MAP (Wits)[ Short Course MBA]

1977 – BSc.Eng (Civil)(Wits)

5. Professional Associations

Member CESA: Consulting Engineers South Africa

Registered Professional Engineer

Member, South African Institution of Civil Engineers

Fellow, Institute of Quarrying


Affiliate Member : FIDIC

6. Other

Past Director – South African Bitumen Association

103

Past Director – ASPASA (Aggregate and Sand Producers Association of South Africa)

Member: FIDIC Presidents List of Adjudicators

Member-Presidents List for approved Mediators, Adjudicators and Arbitrators-SAICE

Member- Presidents List for approved Mediators, Adjudicators and Arbitrators-CESA

Senior Adjudicator-National Adjudicators List, Namibia

Director-Association of Arbitrators (Southern Africa)

7. Publications and Presentations

CAPSA – Use of Emulsions in Cold Weather Surfacing, CAPSA 2004

DAB‘s in Africa-FIDIC Africa Conference, Nairobi, September 2016

DAB‘s in Southern Africa, case studies and current trends-FIDIC GAMA Conference, Cape

Town, May 2107

104

ERROL TATE

Eng, B.Sc Eng (Civil), MBA

Address P O Box 1595 Westville 3630

Tel: 031-2624001

Mobile: 0824525504


Qualifications: B.Sc. Eng(Civil), University of Natal, 1980

MBA, University of Durban-Westville, 1998

Certificate in Construction Adjudication, Univ. of Pretoria, 2014

Professional Memberships: Registered Professional Engineer, ECSA.

Registered Professional Construction Project Manager, SACPCMP

Summary of Experience:

Errol graduated in 1980 from the University of Kwazulu Natal (formerly University of Natal) with a

Civil Engineering degree. He was employed by Savage & Lovemore Construction, which later was

incorporated into Group Five Construction, as an Engineer, working on various Civil Engineering

projects around the country and rose up the ranks to the position of Contracts Director in 1996.

He was registered as a Professional Engineer in 1985.

To broaden his business skills further, he enrolled at the University of Durban-Westville in 1996 for

an MBA degree and successfully graduated in 1998.

He has 32 years experience in Civil Engineering Construction and, as a director for the past 16 years,

has successfully delivered several World Class projects.

Errol has many years experience in planning and programming from tender preparation to contract

management. He is skilled in the use of the following software programmes: Microsoft Project,

SitePlan and Primavera.

Errol has extensive experience in the use of the following General Conditions of Contract:

Fidic(Red & Yellow books),NEC 3 – Engineering and Construction Contract, GCC 2004 & 2010

He recently retired from full-time employment as a director with Group Five in June 2013, and is now

employed on a part-time basis in an advisory capacity as a Consultant.

Recently Completed Projects:

Construction of Spring Grove Dam And Appurtenant Works - TCTA

NMPP (New Multi Product Pipeline) Pumpstations 1, 3 ,5, 7 & 8 – Multi-disciplinary SMEIP

Works - Transnet

The Design And Construction Of Warwick Triangle Viaduct Outbound – eThekwini

Municipality

Design & Construction of the New King Shaka International Airport - Civil Contract – Dube

Tradeport & ACSA

King Shaka International Airport Interchange - SANRAL

Project Amakhulu, Civil And Building Works – Sappi Saiccor

Western Freeway Upgrade Phases 1 & 2 : Candella Road to Tollgate Bridge – eThekwini

Municipality

Civil and Building Works in connection with SAPREF‘s Lion Project - Prospecton


105

ANTON VAN LANGELAAR - Adjudicator

Pr Eng, PMP®, FAArb, MCIArb


MSc Project Management, BEng (Hons) (Structures), BEng Civil Engineering

Certificates in Financial Management in SA

Address : PO Box 66073, Highveld, 0169, South Africa

Telephone : +27 12 665 1987

Fax : +27 12 665 1987

Cell : +27 71 857 6867

Email : [email protected] / [email protected]

Accreditations


FAArb - Fellow, Association of Arbitrators (Southern Africa), RSA

MCIArb - Member, Chartered Institute of Arbitrators, UK

CEDR - Accredited Commercial Mediator, UK

CD / ACDS - Accredited Commercial Mediator, RSA

PMP® - Project Management Professional, PMI USA

SAICE – President‘s List of Mediators/Arbitrators/Adjudicators, RSA

CESA – President‘s List of Mediators/Arbitrators/Adjudicators, RSA

AoA – Arbitrator, Adjudicator and Mediator Panel, RSA


FIDIC - Affiliate Member, Geneva

MSAICE - Member, SA Institution of Civil Engineers, RSA

PMI - Member, Project Management Institute (USA and South Africa)

DRBF – Member, Dispute Resolution Board Foundation (also Country Representative for South

Africa), USA

SCL – Member, Society of Construction Law, UK

CEDR – Member, Centre for Effective Dispute Resolution Exchange Network, UK

Registered Training Mentor, Engineering Council of South Africa (ECSA), RSA

Experience and Fields of Work

Dispute Avoidance and Resolution Practitioner, Dispute Board and Contracts Specialist, Project

Manager and Civil Engineer. Dispute management, avoidance and resolution; contracts specialist

advice; programme and project management, claims and disputes management, contract

administration, international and domestic mega and large project design, procurement and

construction. High speed rail, intercity rail and commuter rail (civil and structural works, track,

stations, depots, core systems); TBM, NATM, C&C and immersed tube tunnels, RCC dams, large

diameter steel pipelines and pump stations, water and waste water treatment works, roads, bridges and

buildings. Jurisdictions of experience include Roman-Dutch Law, Common Law, Civil Law and State

of New York Law.

Specialising in

Dispute avoidance and resolution, Dispute Boards, dispute management and contract specialist

advice.


Turkey, Taiwan, Lesotho, South Africa, Kenya, Tanzania, Eritrea, Democratic Republic of Congo,

Zambia, Botswana, Namibia.


Van Langelaar, A 2018. Dispute Boards – The new FIDIC 2nd Edition 2017 DB Provisions. Civil

Engineering, February.



106

Van Langelaar, A 2017. Dispute Boards – Pertinent Aspects of Operation, Part 1: DB Decisions. Civil

Engineering, November.

Van Langelaar, A 2017. Series of Articles on Dispute Board Ethics. Civil Engineering,

July/August/September.

Van Langelaar, A 2014/2015. Series of six Articles on Dispute Boards. Civil Engineering, Aug to

Nov, Jan/Feb and March.

Van Langelaar A, Tobin P (2006) Project-managing Dispute Resolution. Arbitration. 72(4), Nov.

Van Langelaar A (2005) Assessment of Settlement Risk. Arbitration. 71(1), Feb; (2004) Dispute

Boards as an Alternative Dispute Resolution Mechanism on Construction Projects in Southern Africa.

Arbitration. 70(2), May;

Van Langelaar, A (2001) Dispute Boards as an Alternative Dispute Resolution Mechanism on

Construction Projects in Southern Africa. MSc Thesis. University of Cape Town

(1999)

Tunnelling Contract Sets an Example. South African Tunnelling; (1995)

Development of Simplified Tender Documentation for Small Contractors, for presentation at

Constructex, 1995;

Van Langelaar A, Veldman B, (1993) Routine Road Maintenance Contractors in

Transkei – A Status Report, presented at Annual Transport Convention (ATC) 1993.

University post graduate external examiner and moderator (Construction Contract Law). Presentations

on, and tutor at introductory and advanced workshops on Dispute Boards. University guest lecturer at

Contraction Management Programme (CMP) and two other university post graduate programmes on

dispute avoidance and Dispute Boards.

107

FRIK VAN DER MERWE

B.Sc, B.Eng (Civil)

Address: Heimat No 1, Barkhuizen Avenue, George, Western Cape.

PO Box 10932, George, 6530

Telephone: (044) 873 2615

Mobile: 083 250 4045

Fax: 086 657 1903



Pr Eng (ECSA), MSAICE, MCESA, AAArb

Experience and fields of work - Career

Since 2008 based in George, Western Cape Province, South Africa, working freelance as claims and

dispute resolution expert, having retired at end 2007 as consulting engineer with AFRICON (now

AURECON).

2005 to 2007 based in Dubai as GM for AFRICON‘s operations including documentation, quality and

project management and dispute resolution on all company projects in the Middle East Region

Career with AFRICON from 1970 to 2004, involved in diverse projects in Southern Africa and

neighbouring states acting as RE, Contract Management Engineer and eventually becoming Director

and MD responsible for the resolution of contractual claims and disputes, and dealing with formal

mediation/arbitration/litigation cases according to accepted international standards.

Extensive involvement with funding agencies (e.g. KfW, ADB, the DBSA, World Bank, USAID) and

quality management incorporating ISO 9001:2000 (CE Services), ISO/IEC 17025:1999 and ISO

14001:2004

Specializing in

Civil Engineering Contract Management and Claim/Dispute Resolution

Countries work experience:

South Africa, Lesotho, Namibia, Botswana, Mozambique, Malawi, Kenya, United Arab Emirates,

Bahrain, Oman, Qatar, Yemen.

Dispute resolution work experience:

Extensive experience with standard specifications employed for civil engineering work in Southern

Africa, as well as the relevant conditions of contract. These include, inter alia, CSRA 1986, SAICE

(1990 and 2004), FIDIC (1984 and 1999 suites), SANS 1200, SADC and COLTO.

Fully au fait with FIDIC 1999 Adjudication procedures, having since 2009 to date been extensively

involved in assisting SANRAL with resolution of a number of major disputes on the GFIP projects

through Adjudication.

Acted as Mediator and Arbitrator on several disputes, and also assisted clients as specialist

advisor/expert in proceedings towards dispute resolution through litigation or arbitration.

Currently serving on the SAICE President‘s List of Mediators and Arbitrators.

Specific recent experience and involvement in resolution/adjudication of claims and/or disputes

during period 2008 to present date.

2008: Adjudicator for dispute - George Municipality vs contractor for Hope Street project.

108

2009-2010: Acting for Client, Airports Company South Africa, as Claims Expert on turnkey

project (value R6.7 billion) for new King Shaka International Airport, KZN, South Africa.

2009: Give expert opinion to SANRAL on major unresolved claim on roads project.

2009-2012: Acting for Consultant/SANRAL as Claims Expert to deal with claims and

disputes on GFIP project RSA. Contract value R1.45 billion. Prepare 45 position papers for

DAB decisions.

2011: Acting as Arbitrator on dispute between Civils 2000 and Bitou Municipality.

2012 to present: Claims Expert assisting Aurecon Namibia and Namibia RA in dealing with

various claims on major road contracts between Tsumeb and Katwitwi. Disputes resolved

through DAB.

2012-2013: Acting as Arbitrator in disputes between Gobo Gcora Construction CC and WK

Construction.

2013: Specialist advisor to client in arbitration at new Kwale Titanium Mine in Kenya.

2013: Claims expert to Aurecon and eThekwini Municipality dealing with various claims.

2013: Act as Mediator in Kholwani vs Knysna Municipality on Sedgefield Taxi Rank.

2014: Specialist advisor to Aurecon on disputes arising from MEERKAT assignment.

2015: Adjudicator on roads contract dispute Civils 2000 v City of Cape Town.

2015: Expert advisor to Mota-Engil on major roads contract dispute, Zambia.

2016: Expert witness for defendant: Case Lupacchine v SANRAL

2016: Expert witness for defendant: Case DC vd Merwe v MEC Mpumalanga

2016 to date: Specialist Consultant to SANRAL: Review of new COLTO Standard

Specifications for Roads & Bridges (ongoing)

2016: Expert witness for defendant: Case Berry v MEC Gauteng

2017: Adjudicator on road contract dispute Martin & East v City of Cape Town

2017: Adjudicator on road contract dispute Martin & East v Faircape Group

2017: Expert witness for defendant: Case J Joubert v MEC Gauteng

2017: Adjudicator on Still Bay Access Road dispute Martin & East v Western Cape

Government

109

THEUNIS VAN ZYL Pr Tech Eng, Pr CM, B Tech Eng (Civil), MDP (USB), Certificate in Adjudication and Arbitration

Address: 5 Arauna Way, Brackenfell

Telephone: (021) 981 4229

Fax: (021) 981 4298

Cell: 071 1089 540


Membership of Professional Institutions & Associations

Professional Technologist - ECSA

Technologist Member – SAICE

Professional Construction Manager – SACPCMP

Associate Member of the Association of Arbitrators South Africa – A A Arb

Adjudicator (SAICE/CESA/MBA)

Mediator (SAICE)

Arbitrator (SAICE)

Experience and Fields of Works

Owner/Manager: VAN ZYL & ASSOCIATES

Multi-Disciplinary Construction, Consulting Engineering, Design and Construction experience in

local and international market ranging from reinforced concrete structures, water retaining structures,

civil infrastructure, buildings and railway engineering.

Experienced as Contracts Manager. Project Manager and acting as the Engineer in terms of General

Conditions of Contract for Construction Works.

Specializing in

Contract drafting in accordance with CIDB and GCC 1990 / 2004 / 2010 / FIDIC / NEC / JBCC

Claims consulting, arguments, submissions and dispute resolution

Adjudication, Mediation and Arbitration


Project Management in United Kingdom on Midlands Rail Renewal Project

Dispute Resolution: Sierra Leone, Zambia, Burundi, Papua New Guinea. Bahrain, Mexiko, Mauritius


Author of Managing Construction Contracts with General Conditions of Contract (first editions 2009)

Part-time lecturer at Cape Peninsula University of Technology for Contract Management (BTech).

Training and Seminars presenting in GCC 2010

110

BRYAN WESTCOTT

BSc Eng, Pr Eng, Pr CM, C Eng, MSAICE, MICE

“Accredited Mediator (LSM).”

Professional Civil Engineer

Address: P.O. Box 564, Cramerview, 2060

Tel: (011) 706 7135

Cell: 083 653 3620

Fax: (086) 504 2384


CURRICULUM VITAE

Name: Bryan James Westcott,

ID No: 4901015006088

Qualifications:

B.Sc (Civil Engineering), University of the Witwatersrand- 971 (Student No 03193570)

Certificate in Arbitration, Association of Arbitrators (Sa)-2011

Professional Registration:

Engineering Council of SA (ECSA): Professional Engineer, Reg. No: 760138

Engineering Council (UK): Chartered Engineer (C. Eng), Reg. No: 582704

SACPCMP: Professional Construction Manager, Reg. No: C/656/2006

Professional Associations:

Member, South African Institution of Civil Engineering – 1976 Membership No: 011559

Member, Institution of Civil Engineers (UK), Membership No: 67105376

Associate Member of the Association of Arbitrators, Membership No: 3059

Continued Professional Development:

Construction Management Program, University Of Cape Town, 1983

Numerous Construction Industry Related Short Courses in:

Occupational Health and Safety, Contract Law, Concrete Technology, Labour Relations, Construction

Plant and Equipment, Construction Methods, Accounting and Financial Management.

Managing and Motivating people Program, University Of Cape Town – 1981.

Accredited Facilitator, Assessor & Moderator- Construction Education & Training Authority (CETA).

Conduct, assess and moderate Outcomes-Based Training

SAICE Courses on NEC, GCC 2010 and FIDIC Contract Documents

Accreditation as a Consultant in Targeted Procurement as a Responsible Agent.

Professional Activities:

SAFCEC - (South African Federation of Civil Engineering Contractors)

- North Branch Deputy Chairman 1998 - 2000

- North Branch Chairman 2000 – 2002

- National Vice President 2000 – 2002

- National Deputy President 2002 – 2004

- National President 2004 – 2006

- Other SAFCEC Committees:

- Training Committee

- Human Resources Committee (Member Of The National Wage

Negotiation Team)

- Enterprise Development Committee

- Economics Committee


111

- Client Liaison Committees

CIDB - Member Of Focus Group 6 Advisory Panel

EPWP - Member Of The Industry Liaison Committee

BUSA - AFCEC Representative at Business Unity South Africa (BUSA)

ECSA - Voluntary Association, Industry Representative

SACPCMP - Voluntary Association, Industry Representative

SAICE - Member Of The Panel Of Mediators

NHBRC - Director 1999 - 2001

Eskom - Register of NEC Adjudicators

Jipsa & ASGISA Programs – Member Of the Deputy State Presidents Industry Advisory Panel.

CIDB – Member of the CIDB Panel of Adjudicators for Construction Contracts

Contribution to Publications:

112

MICHAEL WILLIAM WATSON

BSc (Eng), MPA, Pr Eng, C Eng

Address: 26, Country Place, Hawthorne Ave, Sunridge Park, Port Elizabeth 6045

Work : Tel: (041) 3604408

Cell : 082 750 7060

Email : [email protected]

_____________________________________________________________________

KEY QUALIFICATIONS.

26 years of experience with major Civil Engineering Construction Companies in England and South

Africa in appointments progressing from graduate civil engineer under training to Site Agent to

Contracts Manager to Director to Managing Director.

Construction Contracts included:

Rural and urban motorways and freeways,

Power stations,

Airfields (military and civil),

Military defence projects,

Industrial concrete projects,

Mining projects,

Docks and Harbour Works.

Township development projects,

Major road rehabilitation works.

Plus:

33 years experience self-employed as a contract and management consultant, arbitrator, adjudicator

and mediator. Some of the major projects in which I have recently been, or am currently involved,

include:

the Lesotho Highlands Development Project, (Lesotho)

Berg River Dam, (South Africa)

VRESAP, (South Africa)

Tanzam Highway, (Tanzania)

Yatella Gold mine (Mali),

Tarkwa Gold Mine (Ghana),

enlargement and extension of University of Botswana,

major road projects in Malawi and Tanzania,

Medupi Power Station (South Africa).

a number of freeway rehabilitation projects in Gauteng Province (RSA).

113

Lotsane Dam – (Botswana).

Komati Water Scheme Augmentation Project. (South Africa).

University of Botswana development. (Botswana)

Nampula City Water Supply – (Mozambique).

Hawane to Woodlands Pipeline – (Swaziland).

Qaisir to Laman Ring Road - (Afghanistan).

Chisinau to Soroca Road Lots 3 and 4 - (Moldova).

N2 - Mount Edgecombe Interchange - (South Africa).

R23 Rehabilitation - Platrand to Standerton (South Africa).

Neckartal Dam - (Namibia).

Kazungula Bridge (Botswana/Zambia).

Mount Coffee Hydropower Project - Liberia.

Kusile Power Station – (South Africa)

Major Roadworks Upgrading (Botswana).

Commissions included:

Numerous contract dispute actions involving Negotiation, Conciliation, Mediation, Adjudication,

Arbitration and High Court, acting on behalf of Claimant or Respondent, or appointed as

Conciliator, Mediator, Adjudicator, Arbitrator, Expert Witness;

Member of 44 Dispute Adjudication Boards for major contracts in Africa, Middle East and

Europe;

Winding up of +/-60 companies;

Completion of contracts for insolvent companies,

Negotiations in Europe and Israel for commercial arrangements for South African clients;

Management of companies and contracts;

Design and installation of management control systems;

Lecturing on contract and management techniques and contract dispute resolution.

Dispute Adjudication and Dispute Board Appointments. (FIDIC & SAICE)

1. Road Bridge over Zambezi River at Katima Mulilo – 2003/4 - $50m, (FIDIC IV 1992).

2. Dam at Hazyview South Africa – R250m-2005 (SAICE 1990)

3. Berg River Dam – South Africa – R650m- 2004/2011- FIDIC Red Book 1999.

4. Supplementary Pipeline Contract to above – R100m – 2006/11 (Sole member)

5. Supplementary MEIP Contract to above – R100m – 2006/11 (Sole member)

6. VRESAP Pipeline – South Africa R1,500m – 2006/8 - FIDIC Red Book 1999.

7. MEIP Contract to above – R650m.- 2006/11

8. Roodeplaat Water Supply Scheme – R205m – 2007. (Sole member) (CIDB)

9. Sanral National Road R21 (G and H) Re-construction R1000m – 2009/11

10. Sekoma to Kokotshe Road re-construction Botswana P147m - 2009/10 (Chairman)

114

11. Tanzania - Re-habilitation 150kms of Tanzam Highway €76.2m – Tanzania. 2009/14 (Sole

member) FIDIC – MDBH Edition 2006.

12. Upper Nseleni Water Supply Project – R9m - 2009 (Sole Member) (CIDB)

13. Wood Pelleting Plant at Howick Kwa Zulu Natal – R51m –2009/10(Sole member). (FIDIC -

Green Book)

14. Sanral National Road R21 and N12 (J and K) Re-construction R1200m – 2010/11

15. Medupi Power Station – R2,900m – South Africa 2010/2015 (Member). (FIDIC)

16. Botswana - Lotsane Dam – (Sole member). P743m - 2011-2012. (FIDIC)

17. Komati Water Scheme Augmentation Project R603 million. (Member) 2011 – 2013 (FIDIC)

18. City of Tshwane Internal Roads and Stormwater Systems. 2011 (Adjudicator CIDB).

19. Grove Shopping Centre Pretoria 2011 (Adjudicator JBCC).

20. Sanral National Road R21 and N12 (Contract L Re-construction R1000m – 2011/13. (FIDIC)

Member.

21. Mozambique - Nampula City Water Supply Scheme. (FIDIC Red) 2012/13 US$30m –

Member

22. Swaziland – Hawane to Woodlands Pipeline –FIDIC (Yellow) 2012/13 – Sole member. US$10

million.

23. Afghanistan – Laman to Qaisir Ring Road project – FIDIC MDBH Edition 2006 – sole

member. 2012/15 - US$475 million.

24. Moldova - Chisinau to Soroca Road project Lots 1 and 2 0 – FIDIC (Red) 2012/15 – Chairman.

$43 million.

25. South Africa - Mount Edgecombe Interchange National Route 2 - FIDIC (Red) 2013/2016 -

member ZAR800 million.

26. Cape Town - Fishoek Water Main and Pump Stations - 2013/4 SAICE 2010 - sole member -

ZAR 15 million.

27. Tshwane Roads and Stormwater - 2014 - SAICE 2004 CIDB (ad hoc) - sole member - ZAR 42

million. (2 appointments).

28. Pemba - Mozambique 2014 - FIDIC Green Book - sole member - US$ 3 million.

29. Botswana - Institute of Health and Sciences Staff Housing Gaborone - FIDIC Yellow Book -

Chairman. (2014)

30. South Africa - Sub - Contract under Transnet new Multi Product Pipeline Project - Sole

Adjudicator NEC 3 2005 - ZAR 46 million. (2014).

31. South Africa - Rehabilitation National Road R23 - Platrand to Standerton - Member FIDIC Red

Book - R357,780,457. (2014 TO 2016).

32. Namibia - Neckartal Dam Project - FIDIC Red Book N$2,800 million. (2014 TO 2017) -

Chairman.

33. Botswana - Botswana International University of Science and Technology - New facilities in

Palapye. Sole member - FIDIC Yellow Book (2015). (2 appointments).

34. South Africa - Rehabilitation of Roads in eThekwini KZN - R800 million - SAICE GCC

2010.(2015). - Chairman.

35. Zambia/Botswana - Kazungula Bridge over Zambezi River - US$260 million- 2015/18 - FIDIC

MDBH 2010 edition - Member.

115

36. South Africa - Contract: NRA N001-170-2014/3: Upgrading of National Route 1 - Section 17

from Holfontein Interchange to Kroonstad. 2015/17 - R560 Million - FIDIC Red Book -

Chairman. 2016/18.

37. South Africa - Contract: NRA N001-150-2013/1: Rehabilitation of National Route 1 - Section

15 from Sydenham to Glen Lyon. 2015/17 - FIDIC Red Book - Chairman. 2016./17.

38. South Africa - Contract for design and erect Reverse Osmosis Desalination Plant at Lamberts

Bay Cape Province - R65 million - FIDIC Yellow Book 2006 - Sole member.

39. Zambia - MCA Contract for Construction of Drainage scheme in Lusaka - US$16 million -

FIDIC Red Book - 2016/7 - Sole member.

40. Zambia -MCA Contract for Construction Settlement Ponds scheme in Lusaka - US$9 million -

FIDIC Red Book - 2016/7 - Sole member.

41. Liberia - Mt Coffee Hydropower Project - US$66,785,000.00 - FIDIC Red Book 2016/18 -

Member.

42. Swaziland - Ezulwini Sewerage System - E130,000,000-00 - FIDIC MDBH 2006 - 2016/17 -

Member.

43. South Africa – Kusile Power Station Sub Contract – ZAR7,000,000 – FIDIC Conditions for

Sub-Contract Construction (2011). 2017 Sole Member.

44. Botswana – Upgrading Road Gaborone to Lobatse – BWP1,069,836,218 – FIDIC Red Book

1999 – 2017 to 2019

Arbitration Appointments.

Appointme

nt

Parties Representati

on

Procedure Contrac

t

Conditio

ns

Amount

in

dispute

Arbitrator IWBC vs Ministry of

Transport and

Communications

Counsel Institute of Arbs of

Botswana Rules 6th

edition

FIDIC -

Red

Book

P9m

Arbitrator Danru Ondernemings

Vs

Van der Linde & Venter

Projects

Senior

Counsel

SA Association of

Arbitrators.

6th edition Standard proc

Rules

JBCC-

MBA

Domesti

c Sub

Contract

Agreeme

nt

R3,5m

Arbitrator Tuwana Construction vs

AG's Chambers

Botswana


Botswana Rules 4th

edition

FIDIC

Red

Book

P30m

Defendant's

Representat

ive

Brookhaven v Mike

Buyskes

Attorney and

self

Assoc of Arb SPR JBCC

2005

R2m

Arbitrator Landmark Properties

(Pty) Ltd.v Botswana

Hotel Development Co

(Pty) Ltd.


Botswana Rules 3rd

edition

JBCC

2005.

P16m

Arbitrator D&S Machinery & Plant

Hire /Attorney General

Chambers Government

MoW – Roads

Department


Botswana Standard

procedure Rules

FIDIC .

116

Arbitrator Arab Contractors/AG

Botswana


Botswana Rules 3rd

edition

FIDIC

IV 1992

P10m

Arbitrator Mr. Marumo/Sudel Dev

Co

Attorney/Cou

nsel

SA Association of

Arbitrators.


Rules

JBCC

2004

R0.5m

Arbitrator NVV Civils/Witbank

Housing Corporation

Counsel SA Association of

Arbitrators.


Rules

IC 1990 R5m

Arbitrator Michielson & Hofman/

Matelot Properties

Attorneys SA Association of

Arbitrators.


Rules

JBCC

2000

(2004ed

n)

R5m

Arbitrator JAP du Toit/Proper Price

45/Bhekanini

Construction JV

Counsel SA Association of

Arbitrators.


Rules

SAICE

(2004)

R1.5m

Arbitrator M&R/G5 JV/

Government of Malawi

Senior

Counsel

European Union Europea

n Union

€16m

Tribunal

Expert

WBH & O /Government

of Lesotho

Senior

Counsel

European Union Europea

n Union

R150m

Arbitrator Professional Founds/ 3M

Developments

Selves SA Assoc of Arb

Rules 4th edition

Special minor

Arbitrator 2M(Pty) Ltd/Government

of Botswana

Counsel Inst of Arbs of

Botswana

Standard Procedure

Rules

Botswan

a

Govern

ment

Standard

Building

Agreeme

nt

P10m

Representin

g Claimant

M.A.Kharafi (Kuwait)/

MoWT Botswana

Professional

Engineers

SA Assoc of Arb

Rules 4th edition

FIDIC.

IV

P9m

Arbitrator Steyns Const/Intersite PQS/Counsel SA Assoc of Arb Rules

4th ed

JBCC

2000

R10m

Arbitrator MAG/Hyde Park Props PQS/Counsel SA ASSOC OF Arb

Rules 4th ed

JBCC

2000

R1m

Arbitrator SP Constn/MoWTC

Botswana

Counsel SA Assoc of Arb Rules Govern

ment

Building

Contract

P7.5m

Arbitrator Gala Construction

/Wallala Investments

Counsel SA Assoc of Arb Rules JBCC

(Buildin

g)

R250k

Expert

Witness for

Respondent

Highlands Water

Venture/Lesotho

Highlands Development

Authority

Counsel ICC FIDIC.

IV

R130m

Expert

Witness for

Claimant

Dumez

Construction/Lesotho

Highlands Development

Authority

Counsel High Court FIDIC

IV

R45m

117

EDUCATIONAL AND PROFESSIONAL QUALIFICATIONS.

B.Sc (Hons) Civil Engineering: University of Leeds 1959.

Chartered Civil Engineer (UK) 1986.

Member - Institution of Civil Engineers (UK) 1964.

Fellow - Institution of Civil Engineers (UK) 1980.

Member - Institution of Civil Engineers (SA) 1984.

Fellow - Institution of Civil Engineers (SA) 2007

Registered Professional Engineer (SA) (Reg.No. 840208) 1984.

S.A.Association of Arbitrators - Certificate in Arbitration 1995.

S.A.Association of Arbitrators - Higher Diploma in Arbitration 1996.

(Eyvind Finsen Prize for top student).

Fellow - Association of Arbitrators (SA). 1996.

Member - Chartered Institute of Arbitrators (UK). 1999.

Fellow - Botswana Institute of Arbitrators. 2003.

Member Company – Consulting Engineers of South Africa. 2006

Adjudicator – President of FIDIC List. 2006

Adjudicator - Construction Industry Development Board panel 2011

Arbitrator - ICE; CESA; Assoc of Arb; Master Builders' Assocn 1996

Institute of Arbitrators (Botswana) panels.

PAPERS AND PUBLICATIONS.

1. Some problems experienced by contractors with current roadwork specifications and

conditions of contract. N.I.T.R.R. Symposium – 1985.

2. Experience with Rubber – Bitumen. Manufacture and application. N.I.T.R.R Symposium –

1984.

3. Escalation in the Asphalt Surfacing Industry. The “Civil Engineering Contractor‖ and “The

Municipal Engineer” – 1984.

4. Problems in the Asphalt Surfacing Industry in South Africa caused by limited and cyclical

funding. C.A.P.S.A. Colloquium – 1983.

5. "Contract Dispute Resolution in Southern Africa – Resolution or Prolongation?" The “Civil

Engineering Contractor” – 1996.

6. "Examples of particular problems experienced as a Dispute Adjudication Board Practitioner

and User under the 1999 FIDIC Suite of Contract Conditions." – Institution of Civil

Engineers (London) Workshop 2007

7. Review, conducted at a meeting held in Johannesburg on 16 August 2008, of the performance

and effectiveness of the Dispute Adjudication Boards appointed for six contracts in South

Africa – Management Procurement and Law Journal of ICE(UK) 2010.

8. "The Good the Bad and the Ugly" - Lessons learned from ten year's experience serving on

DABs in Africa. - DRBF Regional Conference - Johannesburg February 2014.

9. "Experience and some lessons learned whilst serving on Dispute Boards in Africa over the

past ten years". ICC/FIDIC Conference - Johannesburg - South Africa - June 2014

118

_____________________________________________________________________

EXTERNAL INDUSTRY RELATED ACTIVITIES.

Mediator: Panel of S.A. Institution of Civil Engineers. 1982 to date.

CESA pane/ Association of Arbitrators panel.

Examiner: Institution of Civil Engineers (UK).

Chairman: S.A.F.C.E.C. Blacktop Committee – 1982 to 1985.

Member: S.A.F.C.E.C. Transvaal Management Committee – 1983 to 1985.

Member: Council of S.A.B.I.T.A. – 1982 to 1985.

Member: C.S.I.R. Bituminous Materials Liaison Committee – 1982 to 1985.

Arbitrator: S.A. Association of Arbitrators, S.A.I.C.E. and Botswana Inst of Arbitrators

panels. 1996 to date. CESA and MBA panels.

Member: Executive Committee – S.A. Association of Arbitrators. 1998 to 2003.

Consultant: Small Business Development Corporation of South Africa. 1986 to 1990.

Adjudicator: President of FIDIC List from 2006.

Contract Advisor: University of Botswana – 2007 ongoing.

Member: Editorial Panel of Management, Procurement and Law Journal published by

Thomas Telford for I.C.E (UK). 2007 to 2012

Adjudicator: Institution of Civil Engineers (UK) International Panel. 2007.

Adjudicator: CIDB of South Africa Panel

Contract Advisor South African National Roads Agency Limited.

EXPERIENCE RECORD.

Jan 1985 to date: Partner/owner - Watson Kelly and Associates. (now M.J.Watson)

Practice offers advisory service on technical, managerial, commercial,

financial and contractual matters to clients with involvement in the Building

and Civil Engineering Construction Industry.

Clients include – attorneys, architects, banks, construction companies,

consulting engineers, employing authorities, insurance companies,

liquidators.

Expert witness in arbitration and court actions. Representing clients in

mediation, adjudication and arbitration actions. Appointments as Conciliator,

Mediator, Adjudicator and Arbitrator. Served and serving on forty four

Dispute Adjudication/Resolution Boards for Contracts in Africa, Europe and

Middle East.

Execution of technical investigations and delivering opinions upon insurance

and other claims arising from major projects.

June 1982 to 1985 Managing Director: - Roadmix (SA) (Pty) Ltd.

Responsible to the Board of Darling and Hodgson Limited for the formation

and profitable operation of the company which specialized in asphalt

production and paving and road rehabilitation works.

Jan. 1981 to 1982 Managing Director: Fowler Construction (Pty) Ltd.

119

Responsible to the board of Fowler Holdings Limited for the profitable

operation of the company until the purchase of the group by Darling and

Hodgson Limited, thereafter to the D&H Holdings board.

August 1976 – 1981 Director – Fowler Construction (Pty) Ltd.

Director responsible for the acquisition and profitable execution of all of the

company‘s contracts in the Transvaal and Northern Cape. (Defence HQ;

Hoedspruit AFB, La Mercy Airport, Estcourt to Frere section N3, N2-

Colesberg to Hanover; Mining at Sishen and Thabazimibi; Winterveld and

Beetgesberg Freeways Pretoria; N4 rehabiliation - Pretoria to Witbank,

Airfield and roads at Tutuka Power Station)..

Dec 1974 to 1976 Divisional Director – Major Projects Division Fowler Construction (Pty)

Ltd.

Responsible for acquisition and profitable operation of all of the company‘s

major projects throughout South Africa, together with the central laboratory

and other technical facilities. (Defence HQ; Hoedspruit AFB, La Mercy

Airport, Estcourt to Frere section N3, Durban and Cape Town harbour works;

Sep 1972 to 1974 Area Manager – Fowler Construction (Pty) Ltd.

(National Road 12 and N3 Freeway: Estcourt to Frere.)

Feb 1970 to 1972 Site Agent/Contracts Manager – LTA Engineering Ltd. (N4 Freeway,

N2 National Road and others).

Dec 1968 to 1970. Site Agent – John Laing Construction Ltd. (M6 Motorway)

Dec 1966 to 1968 Deputy to Chief Engineer Western Avenue Contract (London) – John

Laing Construction Ltd. (Elevated motorway Edgware Road to White City).

Mar 1964 to 1966 Project Engineer – John Laing Construction Ltd. (MC/C1 and M1

Motorways).

Feb 1962 to 1964 Design Engineer – John Laing Construction Ltd.

Sep 1959 to 1962 Graduate Engineer under training – John Laing Construction Ltd.

Military experience Royal Air Force Volunteer Reserve – General Duties Branch:

1956 to 1959 Pilot under training: Rank: Acting Pilot Officer.

120

GUSTAV ROBERT WEICH

Address 15, Eridge Road, Forest Town, Johannesburg, 2193

Tel: 011 6460878

Cell: 082 3320082

Profession/Specialisation : Regional Director specialising in operational

excellence

Years with Firm : 32

Nationality : South African

Years experience : 34

Key qualifications

Mr Weich leads a multi-disciplinary team of engineers and other specialists in the Johannesburg

Delivery Centre. His areas of expertise include the fields of environmental management, town

planning, land administration and related legal services, policy formulation, facilities management,

General Emergency Management Command and Control Centre (GEMC3), Geographic Information

Systems (GIS) and systems, management services, project and programme management, road asset

management, transport, planning and economic advisory, and waste management . His previous

position as Unit Manager of this team, and the successful completion of a wide spectrum of multi-

disciplinary projects, reflect his management skills and expertise. He also leads the Aurecon Training

Academy (ATA).

He is a registered Professional Engineer with the Engineering Council of South Africa (ECSA), and

was awarded the prestigious Project Management Professional qualification by the Project

Management Institute (PMI) in 2009, which inter alia requires an in-depth knowledge of the Project

Management Body of Knowledge (PMBOK) and sufficiently recognised project management

experience where the PMBOK was applied.

Mr Weich has wide ranging experience in the fields of land registration and tenure upgrading. He

is a qualified Structural Engineer, but has also focused on the development of housing and land

management systems, land registration processes, land reform, project management of housing

programmes, and social housing development and policy studies, both nationally and internationally.

He was the Programme Manager for the transfer of some 225 000 state owned houses to tenants in

terms of national legislation in Gauteng, South Africa. He gained valuable experience in terms of land

registration procedures and processes during this project and developed a system to support the

intricate transfer processes. He also has broad based knowledge of housing information management

systems.

Mr Weich was responsible for the development and implementation of a national deeds registration

system for Namibia. His legal background has given him extensive knowledge and experience in the

formulation and implementation of various policies, such as the formulation of a National Housing

Policy for Swaziland, and the Emergency Housing Programme for the South African National

Department of Housing as part of the National Housing Code.

121

Mr Weich has a broad interest in legal issues in general and construction law, construction dispute

resolution, contractual issues, professional liability, planning and land law, environmental law and

constitutional and administrative law in particular. Mr Weich also served as an Arbitrator on the Joint

Building Contracts Committee (South Africa) (JBCC) and for the General Conditions of Contracts in

the construction industry. Mr Weich is also a Fellow of the Association of Arbitrators (Southern

Africa).

Employment record

04/2017 - Present

07/2014 – 03/2017

Aurecon, Regional Director Operational Excellence, RSA Northern Region

Aurecon, Johannesburg Delivery Centre Manager/Regional Director

03/2009 – 06/2014 Aurecon (previously Africon, Ninham Shand and Connell Wagner), Unit

Manager/Technical Director

06/1992 - 02/2009 Africon, Unit Manager/Technical Director

01/1991 - 06/1992 VWL Namibia Inc, Policy studies

01/1990 - 12/1990 Van Wyk & Louw Inc, Implementation of GIS technology

08/1987 - 12/1989 Van Wyk & Louw Inc, Site supervision

01/1986 - 07/1987 Van Wyk & Louw Inc, Engineer-in-Training

07/1981 - 06/1983 South African Army

01/1981 - 06/1981 Van Heerden Calitz & Hayes Inc

Management experience

07/2014 – date Johannesburrg Delivery Centre Manager, managing and co-ordinating the

four delivery units with the South Gauteng Delivery Centre i.e. Buildings,

Professional Services, Capital Project Delivery and Environment and

Advisory with a total staff complement of 230 people.

07/2011 -06/2014 Unit Manager - Gauteng Delivery Centre, Gauteng Environment and

Advisory Services Unit. This position is a result of the restructuring of

Aurecon in terms of the One Aurecon Model, incorporating all local and

international offices. Responsible for 175 staff members including amongst

others engineers, environmental practitioners, business analysts, economists,

legal practitioners, training specialists, an array of IT and systems staff

including programmers, information technology specialists, GIS operators,

system analysts and other technical staff, transportation planners and project

management specialists.

12/2005 - 06/2011 Unit Manager - Tshwane Unit, comprising the following teams each

headed by a Technical Director reporting to the Unit Manager: civil

engineering (x2); storm water management; geotechnical engineering;

coordination of mega-projects; environmental management; town planning;

and housing facilitation; land management and policy development.

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Prior to March 2009, this Unit was known as the Municipal Development

Unit but to accommodate the local merger with Ninham Shand, was renamed

the Mining Infrastructure Unit, with one team of civil engineers moving over

to another unit and a number of environmental specialists moving over to

Unit 7. The Unit comprises about 70 staff and during the previous financial

year had a turnover in excess of R80 million in professional fees.

Some of the more noteworthy projects which the Unit was involved in were:

Infrastructure for the Euphoria Golf Estate; Infrastructure for the Nondela

Drakensberg Mountain Estate; Infrastructure for the Serengeti Golf and

Wildlife Estate; Infrastructure for Komani Mine (Sishen); Infrastructure for

Nkomati Mine (Mpumalanga); Infrastructure for the Moatize Mine (Tete,

Mozambique); Formalisation of Kleinzee and Kongnaas mining towns as

municipal towns; Formalisation of Gutshwa and Fernie A in Mpumalanga

(Land reform); Construction housing for the De Hoop Dam; De-watering of

KOV mine in the DRC; Pipelines for Sasol Gas; Upgrading of Buitenkant

and Lindveldt Streets; Geotechnical investigations for West Driefontein

Tailings Plant; Geotechnical investigations for Exxaro Grootegeluk-Medupi

Expansion; Geotechnical investigations for Gautrain; Geotechnical

investigations for Mmamabula Power Plant; IA for Vlakfontein to Mamelodi

water pipeline Phase 1 (25km); EIA for Vlakfontein to Mamelodi water

pipeline Phase 2 (27km); Drakensberg Pump Storage scheme, EIA & EMF;

ACSA Remote Apron Stand ECO work; ACSA FUEL TANKS ECO work;

Revision of Rural Housing Chapter of National Housing Code; Development

of Rural Housing Chapter of National Housing Code; Tenure regularization

of properties in Johannesburg townships for Johannesburg Property

Company; Capacitation of Johannesburg Social Housing Company;

Innovative housing competitions for ABSA; and Regional Professional Team

for Gauteng Provincial Government (RDP housing).

07/2004 - 11/2005 Unit Manager - Tshwane Unit, comprising the following teams each

headed by a Technical Director reporting to the Unit Manager: housing

facilitation; project management; town planning; project legal services;

environmental management; occupational health and safety; and capacity

building and training.

1997 - Date Shareholder Aurecon (previously Africon)

1997 - Date Technical Director (Aurecon). Position included Unit Manager duties

managing a team of about 50 people, comprising engineers, project

managers, town planners, legal specialists, an economist, conveyancing

typists, IT experts and administrative staff. Involved amongst other things in

systems development, housing facilitation, and policy formulation.

Experience record

The acquisition of options to register servitudes over and within an environmentally approved corridor

for two x 400kV electricity transmission lines and the management of the Environmental

Management Plan during construction (Johannesburg) 05/2013 – Date Project Director. This project

entails the acquisition of property/land and servitudes from private land owners, government

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(Provincial and National Department of Public Works, city councils (Johannesburg and Ekurhuleni),

Transnet, Transnet Mpumalanga, Transnet Gauteng, SANRAL and statutory bodies such as Gautrans,

Prasa, Telkom, Neotel, Civil Aviation Authority, SASOL, Rand Water within an environmentally

approved corridor for two 400kV electricity transmission lines for a distance of 120 km. The project

entails three phases. Phase 1 comprises the rural section of the route from Matla Substation. Phase 2

entails the urban area where the acquisition of options to register the proposed servitude leads to

Jupiter Power Station in Johannesburg. Phase 3 includes compliance management and the

appointment of an environmental control officer during the construction of the lines. (Eskom SOC

Holdings Ltd)

Coordination of project teams including mega-projects 2005 - 2014 Unit Manager and Project

Director for many civil engineering; storm water management; geotechnical engineering;

environmental management; town planning; and housing facilitation; land management and policy

development projects. This involved leading a team of engineers, environmental practitioners,

business analysts, economists, legal practitioners, training specialists, an array of IT and systems staff

including programmers, information technology specialists, GIS operators, system analysts and other

technical staff, transportation planners and project management specialists. (Various clients)

Design of infrastructure for the Moatize Coal Project (Mozambique) 03/2008 - Date. Unit

Manager. The project consisted of the detailed design of all infrastructure for the Moatize Coal

Project. (Vale - Brazilian Mining Company).

Moatize Phase 2 feasibility study (Mozambique) 10/2008 - Date. Unit Manager. For this project,

a feasibility study was undertaken for the doubling of coal production volumes from 16Mtpa ROM to

52Mtpa ROM. (Vale - Brazilian Mining Company).

Moatize logistics study for the export of coal from Moatize to Nacala (Mozambique) 10/2008 -

04/2009. Unit Manager. The project entailed the evaluation of various options for the export of coal

from Moatize to Nacala Port. (Vale - Brazilian Mining Company).

Land regularisation programme for the City of Johannesburg (South Africa) 2008 - Date.

Project Director. The project dealt with determining land tenure rights and entitlements to residential

and business sites in Greater Soweto and Orange Farm on behalf of the Johannesburg Property

Company (a municipal entity of the Johannesburg Metropolitan Municipality) and assisting with the

sale and transfer of these properties. Responsible for determining the beneficiaries and properties that

could be released for sale. Also responsible for providing legal advice to the council with regard to

land sale policies, dealing with complaints and queries and programme, project and financial

management. (Johannesburg Social Housing Company (JOSHCO)).

Feasibility study for infrastructure at the new Matla Coal Mine (South Africa) 2008. Unit

Manager. The project consisted of a feasibility study for bulk earthworks (box-cut), structures, a new

portal and surface infrastructure for the new mine. Responsible for programme, project and financial

management. (Exxaro).

Nkomati Mine Phase 2 (Mpumalanga, South Africa) 2007 - Date. Unit Manager. Responsible for

bulk earthworks. Involved for 3 person-months. (African Rainbow Minerals (ARM), South Africa

and Norilsk Nickel, Russia).

Moatize Coal Mine development (Mozambique) 2007 - Date. Unit Manager. The project

consisted of the full scope of works for the mining development. Responsible for programme, project

and financial management . (Vale (Brazilian Mining Company)).

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Land regularisation programme for Soweto/Orange Farm (South Africa) 2007 - Date. Project

Director. The project dealt with determining land tenure rights and entitlements to residential and

business sites in Greater Soweto and Orange Farm on behalf of the Johannesburg Property Company

(a municipal entity of the Johannesburg Metropolitan Municipality) and assisting with the sale and

transfer of these properties. Responsible for determining the beneficiaries and properties that could be

released for sale. Also responsible for providing legal advice to the council with regard to land sale

policies and for dealing with complaints and queries. Responsible for programme, project and

financial management. (Various).

Town proclamation for Kleinzee and Koingnaas (Northern Cape, South Africa) 2007 - Date.

Project Director. The project entailed the provision of assistance with the legal work involved in the

proclamation of two mining villages as townships and incorporating these new townships into existing

municipalities (Nama Khoi and Kamiesberg). The work also involved the transfer of roads, hospitals

and a primary school to the Northern Cape Province. Legal opinions with relation to labour matters,

mining rights and the abandonment thereof, as well as the transfer of private schools and hospitals to

government were all provided. Work was also done in preparation for the township establishment

application and the negotiation process with local municipalities and the Northern Cape Province.

Responsible for programme, project and financial management. (National Department of Housing

(NDoH)).

Mmamabula Power Station (Botswana) 2007. Unit Manager. The project entailed programme

management and technical review. Responsible for programme, project and financial management.

(National Department of Housing (NDoH)).

Engineering infrastructure for Phase 1 of Caio Verde Township, Cabinda (Angola) 2007. Unit

Manager. The project entailed the design and documentation for roads, stormwater, water, sewer and

electrical infrastructure. Responsible for programme, project and financial management.

(UNIPREV).

Geotechnical input for Serengeti Golf Estate (South Africa) 2007. Unit Manager. The project

consisted of a geotechnical and forensic investigation and foundation design for new pump stations on

dolomitic ground. Responsible for programme, project and financial management. (African Kingdom

Holdings Pty Ltd).

Support to the Johannesburg Social Housing Institution (JOSHCO) as part of a technical

resource group (South Africa) 2006 - 2007. Programme Manager. Professional support in property

management, project management, training, legal, financial, social and community development and

institutional capacitation. Responsible for project management, policy formulation, technical

assistance in institutional capacitation and the transfer of skills. Also responsible for all programme,

project and financial management. (JOSHCO).

Bulk earthworks: new Khumani Iron Ore Mine (Sishen, South Africa) 2006 - 2007. Unit Manager.

The project entailed bulk earthworks. Involved for 4 person-months. (ASSMANG (Pty) Ltd).

Capacitation of selected social housing institutions for the National Housing Finance

Corporation (NHFC) (South Africa) 2006. Project Manager. Programme management of the

project to assist specific social housing institutions with capacitation linked to the Job Summit

Housing Programme for the National Housing Finance Corporation. Responsible for programme,

project and financial management. (National Housing Finance Corporation (NHFC)).

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Drafting of the National Housing Code - Chapter 11: Rural Housing Subsidies (South Africa)

2006. Programme Manager. The National Department of Housing appointed Aurecon to assist with

the redrafting of a Chapter (11) of the National Housing Code and specifically in respect of rural

housing subsidies. Responsible for housing policy formulation and development; and the formulation

of policies and strategies for rural housing subsidies. (National Department of Housing (NDoH)).

Civil infrastructure for Catoca Mine (Angola) 07/2005 - 01/2006. Unit Manager. Coordination of

topographical and geotechnical survey work, preparation of designs of earthworks and civil works for

conveyor systems. (Catoca Mine).

Development of manuals for social housing institutions in the European Union (South Africa)

2005. Project Manager. Assisted with the drafting of procedures and manuals for effective

operational management in selected social housing institutions. Responsible for policy and procedure

development. Also responsible for programme, project and financial management. (Various).

Unblocking projects and fast tracking housing delivery (South Africa) 2004. Programme

Manager. Provided assistance to the Department of Developmental Local Government and Housing

in the North West Province to manage its housing portfolio of 230 low cost housing projects

throughout the North West and Gauteng. Correcting under-expenditure and low performance in terms

of housing delivery was the main target of Aurecon's involvement. Responsible for policy and

strategy development in housing delivery programmes. Other responsibilities included programme,

project and financial management. (Department of Developmental Local Government and Housing in

the North West Province).

National emergency housing programme (South Africa) 2003 - 2004. Housing Policy Expert.

The main objective of the National Emergency Housing Programme was to provide for a funding and

development framework to undertake housing projects in circumstances of extreme urgency to house

people who have no secure access to land, inadequate housing and who are living in intolerable

conditions or crises situations. Responsible for housing policy formulation and development; and the

formulation of policies and strategies for emergency housing provision. (National Department of

Housing).

Municipal infrastructure projects (South Africa) 2002 - date. Unit Manager. The project

consisted of the design and supervision on a variety of traffic and transportation studies, geotechnical

investigations, taxi ranks, township services, roads, water and sewer projects for private developers

and local authorities. Responsible for programme, project and financial management. Involved for 6

person-months. (Various).

Alexandra Renewal Project: transfer of residential properties audit (South Africa) 2002 - 2005.

Project Director. Alexandra is one of the most densely populated areas in South Africa - an area

characterised by severe physical and social infrastructure constraints. The Alexandra Urban Renewal

Project was a Presidential Priority Project, aimed at achieving integrated development and renewal of

this 4 square kilometre area with a population in excess of 300 000 people. The project consisted of an

initial phase to prepare a detailed business plan and to secure government commitment to the project.

Responsible for programme and project management; and legal and technical assistance in policy

formulation and implementation. Other responsibilities included programme, project and financial

management. (Gauteng Department of Housing (GDoH)).

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National deeds registration system for Namibia (Namibia) 2002 - 2003. Project Director. The

project entailed the development and implementation of a national digitised deeds registration system

for Namibia. Responsible for programme and project management; and technical and legal assistance

in system development. Also responsible for programme, project and financial management.

(Ministry of Lands, Resettlement and Rehabilitation).

Densification study to identify and evaluate land for institutional housing development (South

Africa) 2002. Project Director. Socio-economic survey and land identification process to identify

the demand for as well as possible sites for institutional housing development within the City of

Tshwane's municipal area. Responsible for project management, strategy development, policy

formulation and the identification of probable sites for institutional housing development. Also

responsible for programme, project and financial management. (City of Tshwane Metropolitan

Municipality).

Western Cape provincial housing plan (South Africa) 2001. Housing Advisor. The fair allocation

of housing funds to local authorities is of great importance to provincial administrations within South

Africa. The Provincial Administration of the Western Cape therefore appointed Aurecon to design

and develop a system to prioritise the housing needs/projects of local authorities within the Western

Cape. Responsible for system design and development. Other responsibilities included programme,

project and financial management. Involved for 2 person-months. (Western Cape Provincial

Department of Housing).

City of Cape Town's integrated housing database (South Africa) 2001. Project Director. The

project involved conducting a survey for the City of Cape Town on the topic of waiting lists. It

included the coordination of the undertaking of the survey and the making of recommendations in

terms of the establishment of an integrated housing database for the area. Responsible for project,

programme and financial management. Involved for 6 person-months. (City of Cape Town).

Redundant state land disposal in the Northern Province (South Africa) 2000 - 2001. Project

Director. The project developed a system to manage state properties for the Northern Province

Department of Public Works. Responsible for project, programme and financial management

including system development. Involved for 9 person-months. (Northern Province Department of

Public Works).

Monitoring of low cost housing settlement (South Africa) 2000. Project Director. This project

involved making recommendations to the Greater Pretoria Metropolitan Council on the improvement

of the management of waiting lists within its area of jurisdiction. Responsible for project, programme

and financial management, policy development and system formulation. Involved for 6 person-

months. (Greater Pretoria Metropolitan Council).

Waiting list system, Gauteng (South Africa) 2000. Project Director. Africon assisted the Gauteng

Provincial Government with the Housing Waiting List Project to identify approximately 430 000

persons in need of housing within the province of Gauteng. The waiting list system is administrated

by means of individual databases at local authorities where people can register by completing an

application form. Responsible for programme, project and financial management including database

and system development. Involved for 10 person-months. (Gauteng Department of Housing).

Swaziland housing policy (Swaziland) 2000. Project Director/Policy Expert. This project involved

the formulation of a national housing policy - recommendations were made on how to improve the

access of all households to housing. Aurecon advised on the creation of an enabling environment for

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the delivery of housing and services and provided suggestions on how finance and other needed inputs

may be best mobilised for housing and services. Aurecon also provided strategic input and quality

control. Responsible for policy formulation; legal, institutional and resource allocation advice. Other

duties included providing project, programme and financial management. (Ministry of Housing and

Urban Development).

Transfer of houses (South Africa) 1994 - 2003. Project Manager. This project included project

management for the transfer of some 195 000 state owned houses to the tenants thereof. Involved in

the Conversion of Regulation 6 and 8 tenancy rights in terms of the conversion of Certain Rights to

Leasehold Act (No 81 of 1988); establishment of a Housing Transfer Bureau for the transfer of

Regulation 7 tenancies to the tenants thereof in Greater Soweto, Krugersdorp, Randfontein and

Carletonville. Provided systems and business analysis for the TORPS (Transfer of Residential

Properties) System. This system, developed in Visual Basic and SQL Server, connects seven offices

via a Wide Area Network (WAN) and controls and monitors each stage of a 16-step transfer process

including the adjudication of disputes. Responsible for programme, project and financial

management; database and system development; business analysis; technical, legal and administrative

advice; transfer of skills and capacity building. (Gauteng Department of Housing).

Transfer of houses in Soweto, Krugersdorp, Randfontein and Carletonville (South Africa) 1994

- 1999. Project Manager. This project included project management for the transfer of some 195 000

state owned houses to the tenants thereof. Involved in the Conversion of Regulation 6 and 8 tenancy

rights in terms of the conversion of Certain Rights to Leasehold Act (No 81 of 1988); establishment of

a Housing Transfer Bureau for the transfer of Regulation 7 tenancies to the tenants thereof in Greater

Soweto, Krugersdorp, Randfontein and Carletonville; Provided systems and business analysis for the

Transfer of Residential Properties System (TORPS). This system developed in Visual Basic and SQL

Server connects seven offices via a Wide Area Network (WAN) and controls and monitors each stage

of a 16 step transfer process including the adjudication of disputes. Responsible for programme,

project and financial management; database and system development; business analysis; technical,

legal and administrative advice; transfer of skills and capacity building. (Gauteng Department of

Housing (GDoH)).

Aurecon project management (South Africa) 1992 - 1993. Project Manager. Specialising in

project management of the implementation of information systems for local authorities with particular

emphasis on system analysis and design. Involved in the following projects: technical systems

analysis for the implementation of a Global Information System (GIS) in Soweto, Diepmeadow and

Mdantsane; implementation of a complaints coordinating system for Diepmeadow and Dobsonville;

development and implementation of housing databases for Soweto, Diepmeadow and Dobsonville;

and an information strategy for Verwoerdburg. Responsible for programme, project and financial

management; database and system development; business analysis; technical, legal and administrative

advice; transfer of skills and capacity building. (Various).

Policy studies (South Africa) 1991 - 1992. Specialised in policy studies projects involving structural

design, road construction and the implementation of Global Information Systems (GIS) technology.

Involved in a number of projects, which included leading a study team investigating the development

of an appropriate road transport taxation policy for the Republic of Namibia and a feasibility study for

upgrading the road between Cape Cross and Swakopmund. Responsible for policy development;

feasibility studies; and programme, project and financial management. (Various).

Van Wyk & Louw projects (South Africa) 1986 - 1991. Engineer. Involved in various projects.

Project Coordinator for the development of a route information system for the PWV consortium.

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Project Planner for the implementation of a Global Information System (GIS) by the City of Soweto.

Project Planner for the implementation of a Geographic Information System (GIS) by various local

authorities. Part-time Lecturer for postgraduate courses in finite element analysis and slab design at

the University of the Witwatersrand. Resident Engineer for the construction of the road from Elim

Hospital to the Klein Letaba River. Resident Engineer for construction of the Hartbeespoort Dam

Road. Engineer responsible for the development of a management-by-objectives strategy of law

enforcement against overloading for the Department of Transport. Engineer responsible for the static

and dynamic analysis of various structures by means of finite element and response spectrum

methods. Design Engineer for various structures in reinforced concrete, wood and structural steel.

Responsible for civil engineering, programme, project and financial management. (Various).

Academic experience

University of the Witwatersrand, South Africa

Part-time Lecturer (From the start of 1990, for approximately 6 months)

Education

2011 : Post Graduate Diploma in International Commercial Arbitration, University of

London, United Kingdom

2009 : PMP, Project Management Institute (PMI), United State of America (USA)/South

Africa (SA)

2009 : Construction Law (specialization course), Association of Arbitrators (Southern

Africa)

2008 : LLB, University of South Africa (UNISA)

2008 : Fellowship Admission Course, Association of Arbitrators (Southern Africa)

2007 : Certificate in Arbitration, Association of Arbitrators (Southern Africa)

2003 : LLM (Cum Laude), University of Pretoria, South Africa

1997 : BProc, University of South Africa (UNISA)

1989 : Dip Data (Computer Science), University of South Africa (UNISA)

1985 : MEng (Structures) (Cum Laude), University of Stellenbosch, South Africa

1980 : BEng (Civil) (Cum Laude), University of Pretoria, South Africa

Career enhancing courses

2008 : Leadership Development Programme, Africon, South Africa

Professional affiliations

Admitted Advocate of the High Court of South Africa

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Professional Engineer, Engineering Council of South Africa (ECSA)

Member, Society for Construction Law, United Kingdom

Member, South African Institution of Civil Engineering (SAICE)

Member General bar Council of South Africa

Centre for Effective Dispute Resolution accredited Mediater.

Languages

Reading Writing Speaking

English Excellent Excellent Excellent

Afrikaans Excellent Excellent Excellent

Research projects

GR Weich. "Shear in reinforced concrete skew bridge decks". Thesis as part of a Masters of

Engineering at the University of Stellenbosch (1986).

Publications

Weich, GR and Morrison DG 1987. "Shear in skew bridge decks". ACI Structural Journal, Vol 84 No

1.

Weich, GR 2006. "Property valuation based on the sales comparison approach using multiple

regression analysis". The SAPOA Property Research Yearbook.