Mark Antrobus SC
Mark Antrobus was awarded the status of Senior Counsel in 2006 and has served as an Acting Judge in the High Court, Witwatersrand Local Division.
Mark obtained a BA LLB degree at the University of the Witwatersrand in 1979 and was admitted as a practising attorney in 1982. He practised briefly as an attorney at Deneys Reitz Inc., a major Johannesburg law firm and then at the Legal Resources Centre, a public law firm. In 1984 Mark was admitted as an advocate at the Johannesburg Bar and has practised full time as an advocate since then.
Mark has a general practice litigating commercial and contractual, labour and mining matters. He has sat as arbitrator in numerous private arbitrations. There are three focus areas of some specialisation in his practice being (i) mineral and mining law (ii) labour and employment law, and (iii) private arbitration and alternative dispute resolution (ADR).
His work in mining law relates to mineral and mining rights disputes and land matters and has included advice regarding legislative changes in mining rights and communal land law as well as the impact of such changes on the rights of indigenous tribes.
In the area of labour law Mark’s practice includes advice in employment law, both for employers and employees. He has sat as an Assessor in the Labour Appeal Court and appears in the Labour Court as well as in private labour arbitrations. He has served for a number of years as the senior member of the Appeal Tribunal for a major National Bargaining Council.
Mark appeared for participants in various commissions of enquiry including the Margo Commission into the Helderberg Aircraft Crash (1987), the Leon Commission of Inquiry into Safety and Health in the Mining Industry (1994) and the Commission of Enquiry into the Ellis Park Stadium Soccer Disaster chaired by Ngoepe JP (2001). Mark was appointed by the Minister of Minerals and Energy to co-chair the Enquiry into the death of 19 persons in the Mponeng Mine Disaster (2003).
In the field of ADR Mark was a trustee of the Independent Mediation Service of South Africa (IMSSA), trained as both a mediator and arbitrator and joined IMSSA’s panels of mediators and arbitrators in 1983 and in 1987 respectively. Currently he is a member the arbitration and mediation panels of the Arbitration Foundation of South Africa (www.arbitration.co.za) and is a member of the Tokiso panel (www.tokiso.co.za).
As a mediator Mark has successfully conducted numerous commercial mediations as well as a court appointed mediation in the sphere of local government. In the labour arena he has mediated over 200 disputes ranging from dismissals to mass retrenchment disputes and annual conditions of service negotiations. These disputes ranged from disputes at factory level disputes to national disputes affecting up to 25 000 employees.
He has arbitrated in over 200 voluntary private arbitrations relating to misconduct dismissals, executive dismissals, retrenchment, mass dismissals, and job grading systems, bargaining units, contract and statutory interpretation. He has conducted a number of interest arbitrations in which he was briefed as a private arbitrator to determine disputes of interest such as wages or other conditions of employment. He has also arbitrated in a number of commercial disputes involving inter alia disputes concerning property leases and intellectual property in the music industry.
For Monash University Mark developed a short course in the Law relating to Private Schools which course he presented for two years (2003-4).