The CCMA is positively not a 'court of law'

Tony Healy, in his regular article in The Star,'CCMA is not a court of Law' got me thinking about the findings of the Constitutional Court which confirms that the CCMA is not a court of law:

'However, there are significant differences. The CCMA is not a court of law. A commissioner is empowered in terms of section 138(1) to conduct the arbitration in a manner he or she considerers appropriate in order to determine the dispute fairly and quickly, but with the minimum of legal formalities. There is no blanket right to legal representation. The CCMA does not follow a system of binding precedents. Commissioners do not have the same security of tenure as judicial officers'.Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (CCT 85/06) [2007] ZACC 22 (5 October 2007) , Navsa, AJ at par 85. Paragraphs 82-88 of the case are of relevance.

Tony can be contacted on 011-476-1620 or e-mail healy@global.co.za, he will be conducting a workshop "Essential Disciplinary Hearings" on 7 February 2008.


Editor