ICE-SA Panel of Adjudicators
The ICE-SA Panel of NEC Adjudicators has been in operation since 2008. The integrity of the ICE-SA Panel of NEC Adjudicators is due primarily to the high standards set for admission, and the rigorous assessment and evaluation of applicants. The admission criteria are based on similar admission criteria imposed by the ICE for their panels adjusted to suit the South African construction industry and environment. Admission criteria are assessed annually by the ICE-SA Adjudication Sub-Committee to ensure that they remain relevant and appropriate.
Annual Returns are required from all persons on the ICE-SA Panel of NEC Adjudicators to ensure that the person remains up to date with current trends and are actively engaged in Adjudication. The Annual Return also ensures that there is a high level of feedback from the industry that guides the ICE-SA Adjudication Sub-Committee in its determination of admission criteria, thereby keeping the ICE-SA Panel of NEC Adjudicators relevant in the South African context.
- Application for admission to the ICE-SA Panel of NEC Adjudicators
- Procedure
- Admission Fee
- Adjudicators Annual Returns and Annual Fee
- Adjudicator Nominations and Adjudicator Nomination Levy
Applications for Admission to the ICE-SA Panel of NEC Adjudicators
ICE-SA has a policy of open admissions to the ICE-SA Panel of NEC Adjudicators. Applicants are able to submit their applications at any time via the form on the ICE-SA website.
Where applicants fall short of clearly demonstrating the required criteria for admission, they have been required to undertake a formal Decision Writing Exercise that is invigilated by the ICE-SA Adjudication Sub-Committee. This process has proven essential to assess the applicant’s skills and knowledge and is now a requirement for admission.
From 1 January 2025, the application process will be arranged as a two stage process:
- Stage 1: Administration and application
- The applicant will be required to submit the application form available on the ICE-SA website, submitting detailed supporting evidence of having complied with the entrance criteria.
- The application will be accompanied by a payment of an application fee of R2 000.00.
- Should the applicant be successful in Stage 1, they will be invited to participate in Stage 2 of the application process.
- Should the applicant be rejected during Stage 1, the ICE-SA Adjudication Sub-Committee will notify them together with an indication of where their application fell short.
- For applicants wishing to re-apply within 12 months of their first application date, the application fee will not apply for the second application.
- Third and subsequent applications (including those within 12 months of the first application) will require a further application fee of R2 000.00.
- Stage 2: Decision writing exercise
- The ICE-SA Adjudication Sub-Committee will notify the applicant that they may proceed to Stage 2 and offer alternative dates for the Decision Writing Exercise.
- Bookings for the Decision Writing Exercise must be made with an accompanying payment of a further fee of R2 000.00 for the Decision Writing Exercise.
- Should the applicant fail the Decision Writing Exercise, the ICE-SA Adjudication Sub-Committee will notify them together with an indication of where they fell short. The applicant may then apply for a subsequent Decision Writing Exercise together with a further fee of R2 000.00 at a time 12 months after the decision was notified.
Should the applicant be successful in their application (having successfully completed Stage 1 and Stage 2 of the process), they will be admitted to the ICE-SA Panel of NEC Adjudicators.
Adjudicators Annual Fee (New Applicants)
All members of the ICE-SA Panel of NEC Adjudicators are required to make payment of an Annual Fee. The Application Fees for Stage 1 and Stage 2 include the applicant’s Annual Fee for the current year that they are admitted. The new Panel Member will be liable for their first Annual Fee from 1 January in the year following their admission to the Panel.
The Application Fee may be paid by credit card on the Admissions page of the ICE-SA website or by EFT into the account specified below. Proof of payment by EFT must be sent to the Secretary and Treasurer of ICE-SA.
ICE-SA Banking Details:
Bank Name: First National Bank ICE SA NPC
Account Number: 62745926769
Payment Reference: AdjudicatorApplicationFee -name of the adjudicator
ADJUDICATORS ANNUAL FEE
The administration and maintenance of the ICE-SA Panel of NEC Adjudicators requires administrative support. In order to maintain an efficient and effective service, ICE-SA requires that the Panellists on the ICE-SA Panel of NEC Adjudicators pay an Annual Fee.
Annual Returns are required from each Panel Member and are due by 1 January each year. These Annual Returns provide valuable insight into the status of the use of Adjudication in the South African industry for the ICE-SA Adjudication Sub-Committee. This information is aggregated and provides an insight into the health of the Construction Industry in South Africa and the knowledge and use of the NEC suite of Contracts.
From 2025 onwards, Annual Returns are to be completed online on the ICE-SA website.
The Adjudicator’s Annual Fee is R3 000.00 per annum from 1 January 2025. Should a Panellist submit their Annual Return before 1 January of each year, and provided that they have paid their Nomination Levies due by 1 January of each year, they will be eligible for a 50% discount on their Annual Fee.
The Annual Fee may be paid by credit card on the Annual Returns page of the ICE-SA website or by EFT into the account specified below. Proof of payment by EFT must be sent to the Secretary and Treasurer of ICE-SA.
ICE-SA Banking Details:
Bank Name: First National Bank ICE SA NPC
Account Number: 62745926769
Payment Reference: Adjudicator Application Fee – Name of the adjudicator
ADJUDICATOR NOMINATION LEVY
Adjudicators on the ICE-SA Panel of NEC Adjudicators benefit from two routes to being appointed.
Route 1: The first route is where the aggrieved party to an NEC contract chooses a person from the publicly available list of recognised adjudicators on the ICE-SA Panel of NEC Adjudicators. This service is provided by ICE-SA free of charge. There is no Adjudicator Nomination Levy due for such appointments.
Route 2: The second route is where the parties to an NEC contract cannot agree on the adjudicator and request a nomination from the ICE-SA Panel of NEC Adjudicators. The ICE-SA Adjudication Sub-Committee identifies one of the Panellists as suitable based on the dispute, the nature of the contract, and the parties involved and then checks the independence and availability of the identified Panellist. Once the nomination is made, the obligation of ICE-SA as the adjudicator nominating body has been fulfilled.
A tri-partite Adjudicator’s contract must then be entered into between the parties to the contract and the Adjudicator.
From 1 January 2025, Adjudicators that are nominated by the ICE-SA Adjudication Sub-Committee from the ICE-SA Panel of NEC Adjudicators after a request for nomination will be requested to pay to ICE-SA a Nomination Levy of 5% of the fee charged to the Parties after the conclusion of the dispute.
Should the dispute be resolved prior to any fees being charged by the nominated Adjudicator then ICE-SA must be immediately notified on the Post Adjudication Nomination Report page of the ICE-SA website and no Nomination Levy will be due.
The nominated Adjudicator shall notify ICE-SA when their decision has been made, together with a brief report on the processes that have been followed. The fee due from the Parties to the nominated Adjudicator will be reported on at this time and the Adjudicator will be required to pay a 5% Nomination Levy to ICE-SA.
Should the nominated Adjudicator not contact ICE-SA within 12 weeks of nomination, ICE-SA will follow up with the nominated Adjudicator to determine whether the decision has been made. The Nomination Report and Nomination Levy will be determined at that time and become due for payment.
ICE-SA may decline to appoint a Panellist as an adjudicator if there are any outstanding Nomination Levies.
The Nomination Levy may be paid by credit card on the Post Adjudication Nomination Report page of the ICE-SA website where the close out report is submitted or by EFT into the account specified below. Proof of payment by EFT must be sent to the Secretary and Treasurer of ICE-SA.
ICE-SA Banking Details:
Bank Name: First National Bank ICE SA NPC
Account Number: 62745926769
Payment Reference: Nomination Levy – Name
Adjudicators’ CVs
| Surname | Forenames | Curriculum Vitae | ECC & ECS | ECSC & ECSS | PSC & PSSC | TSC & TSSC | NEC Supply & Short Supply | CIDB Supply |
|---|---|---|---|---|---|---|---|---|
| Binnington | Christopher | View PDF | Yes | Yes | Yes | Yes | Yes | No |
| Davis | Terrence | View PDF | Yes | Yes | Yes | Yes | Yes | No |
| Grant | Geoffrey | View PDF | Yes | Yes | No | Yes | Yes | No |
| Keogh | Joseph | View PDF | Yes | Yes | Yes | Yes | Yes | Yes |
| Mahon | Terence Michael | View PDF | Yes | Yes | Yes | Yes | Yes | Yes |
| Massey | Ian | View PDF | Yes | Yes | Yes | Yes | Yes | Yes |
| Ogbugo | Emeka Emmanuel | View PDF | Yes | Yes | Yes | Yes | Yes | Yes |
| Reynolds | Reginald | View PDF | Yes | No | Yes | Yes | No | No |
| Smith | Anthony John | View PDF | Yes | Yes | Yes | No | No | No |
| Spies | Francois | View PDF | Yes | Yes | Yes | No | No | Yes |
| van Zyl | Theunis | View PDF | Yes | Yes | No | No | No | Yes |
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An Adjudicator should ideally be appointed at the same time as the contract between the Parties is awarded. If this is not done and the Parties cannot subsequently agree after award on the person to be appointed or cannot agree on a new adjudicator should one be required, there is a fall back reference to an adjudicator nominating body to select an adjudicator.
The ICE-SA Panel of NEC Adjudicators has been established to facilitate the timeous appointment of adjudicators using one of two methods. (See Using the ICE-SA Panel of NEC Adjudicators)