Lawyers reject Minister’s CCMA accusations

In fact, lawyers have helped make the CCMA the success it is, claims the Law Society (LSSA). Law Society CE, Raj Daya, says: ‘The attorneys’ profession has given weight and support to the CCMA and has contributed to what the Minister refers to as its ‘resounding success’.’ Daya made the point that the LSSA went as far as drafting a Code of Conduct for attorneys appearing at the CCMA. In terms of the code, attorneys must uphold the integrity and maintain and enforce the high standards of conduct required by the CCMA. ‘This code was publicised, not only to attorneys, but also to CCMA commissioners who are entitled to report an attorney who is not complying with the code to his or her law society,’ says Daya. Full report on the Legalbrief Today site

The Minister’s claims were also rejected by Jan Stemmett, a councillor of the Law Society of the Northern Provinces and a member of the LSSA Labour Law Committee. He pointed out that in most cases; there was good co-operation between lawyers and the CCMA. The same applies to Bargaining Councils. According to Stemmett, attorneys are aware of the fact that the dispute resolution processes set up by the Labour Relations Act (LRA) are designed to be fast and inexpensive. He pointed out that the amendments to the LRA after 1995 and the Rules of the CCMA have made the processes extremely technical, which forces parties to seek the assistance of legal experts. Full report on the Legalbrief Today site

Lawyers have played a constructive role in labour disputes, according to Rod Harper, Director – Employment Law Department – Edward Nathan Sonnenbergs. ‘As they have the required skills, they are able to narrow the issues, cross-examine effectively and expeditiously and prepare proper legal argument. On occasions where an attorney has engaged in delaying tactics, there are appropriate penalties which may be applied, such as costs orders.’ He added: ‘It is disingenuous to blame lawyers for the problems which arise at the CCMA. The CCMA’s problems in regard to case load and effectiveness could be largely solved should the CCMA implement a system whereby dispute referrals are screened before being referred to arbitration. This process would eliminate many frivolous cases and thus reduce the case load.’ Full report on the Legalbrief Today site