(1) If before or
during the hearing of any proceedings it appears to a competent court either
from the nature of the case or from the attitude of the parties that there is
a reasonable possibility of matters in dispute between the parties being
settled by conciliation, it may —
(a)
interview the parties in private (either with or without any person who may be
representing any of them or assisting any of them in the presentation of the
party’s case); and
(b)
endeavour to bring about a settlement of the proceedings on terms that are
fair to all parties.
(2) Nothing said or
done in the course of any attempt to settle proceedings under this section
shall subsequently be given in evidence in any proceedings nor shall the
judicial officer who presided be thereby disqualified from hearing or
continuing to hear the proceedings if the judicial officer thinks fit to do
so.
(3) Where proceedings
are settled under this section, the court may embody the terms of the
settlement in an order.
(4) The order is valid
despite any inconsistency with Part IV or V.
[Section 23 amended: No. 50 of 1988 s. 18; No. 59
of 2004 s. 120(2) and (3) and 121; No. 60 of 2011 s. 20.]