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ARTICLE · 13 DECEMBER 2012

Legal Representation At The CCMA - A Constitutional Right?

Werksmans Attorneys
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At present, the approach adopted by the Commission for Conciliation, Mediation and Arbitration (CCMA) in regard to parties' rights to legal representation is that there is no absolute right to legal representation at any stage of the proceedings.

South AfricaLitigation, Mediation & Arbitration
Bradley Workman-Davies
Bradley Workman-Davies

At present, the approach adopted by the Commission for Conciliation, Mediation and Arbitration (CCMA) in regard to parties' rights to legal representation is that there is no absolute right to legal representation at any stage of the proceedings.

Rule 25 of the current rules of the CCMA provide a general rule that, in arbitration proceedings before the CCMA, although a party to the dispute may appear in person or be represented by a legal practitioner, the right to representation by a legal practitioner is restricted if the dispute being arbitrated is about the fairness of a dismissal and a party has alleged that the reason for the dismissal relates to the employee's conduct or capacity.

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