CCMA ANNUAL REPORT

Commission for Conciliation, Mediation and Arbitration Annual Report 2022/23

10. LEGISLATIVE AND OTHER MANDATES The CCMA’s legislative mandate is derived principally from Section 23 of the Constitution of the Republic of South Africa (1996) and the LRA (1995, as amended). The CCMA’s mandate is derived from the purpose of the LRA (1995, as amended), which is to advance economic development, social justice, labour peace and the democratisation of the workplace. Section 115(1) of the LRA (1995, as amended) identifies the mandatory functions of the CCMA as follows: • Conciliate disputes referred to it in terms of labour statutes. • Arbitrate certain categories of disputes that remain unresolved after conciliation. • Facilitate consultations regarding large-scale dismissals due to operational requirements. • Conduct inquiries by Arbitrators. • Establish picketing rules. • Determine disputes about demarcation between sectors and areas. • Facilitate the establishment of workplace forums and statutory councils. • Compile and publish information and statistics about its activities. • Review any rules made in terms of Section 115 of the LRA (1995, as amended). • Consider applications for accreditation and subsidy by bargaining councils and private agencies. • Administer the ESC. The CCMA’s discretionary functions are set out in Section 115(2), (2A) and (3) of the LRA (1995, as amended) and serve to enhance delivery of the CCMA’s mandate which include but are not limited to the following: • Supervising ballots for unions and employer organisations. • Providing training on any aspect of employment law. • Advising a party to a dispute about the procedures to follow. • Offering to resolve a dispute that has not been referred to the CCMA. • Making rules on practice and procedure. • Publishing guidelines on any aspect of the LRA. The CCMA additionally derives its mandate from specific provisions of the EEA (1998). Chapter 2 prohibits unfair discrimination and, in particular, Section 10, subsection (5) and (6) (a) and (b) of the EEA identifies the functions that the CCMA is required to perform as follows: • Conciliate any dispute referred to it in terms of this Act. • Arbitrate disputes that remain unresolved after conciliation according to the stipulations of this Act. The CCMA derives its jurisdiction from various sections of the Basic Conditions of Employment Act, 1997 ( Act No.75 of 1997) (BCEA). In addition, the CCMA has jurisdiction to determine certain disputes arising from the Skills Development, 1998 (Act No. 97 of 1998) (SDA).

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