“Cosatu… strongly urges lawyers to accept this ruling and not appeal to the Constitutional Court, so that the CCMA can continue with its important work,” Congress of SA Trade Unions spokesman Patrick Craven said in a statement.
The court upheld the constitutionality of the Commission for Conciliation, Mediation, and Arbitration rule that in arbitration proceedings the right to legal representation was at the commissioner’s discretion. This was unless an agreement between the commissioner and the parties was reached.
The ruling overturned a previous judgment by the High Court in Pretoria which found in favour of the Law Society of the Northern Provinces. The society had argued that the rule discriminated against legal practitioners.
Craven said allowing employers to bring lawyers to such proceedings would complicate matters and be a huge financial burden on workers and their unions.