The CCMA has a backlog of cases and we request that the CCMA continue with arbitration hearings during the Level 4 lockdown, whilst observing social distancing. Justice Delayed is Justice Denied.

The CCMA had stated in its communique dated 01 May 2020 that they have no clear directive on whether or not to open their offices and that they do not regard themselves as essential services.  The CCMA currently has a backlog of cases and referrals made to them since 2019 have still not been finalised.  For arbitration hearings to be held, the following people would be required:  Commissioner, Employer Representative, Employee and/or Employee Representative and Witnesses.  The maximum number of people in one boardroom or one hearing would be six, therefore, social distancing could be maintained.  If arbitration hearings are not conducted during this period, the backlog would escalate and matters would begin to take more than a year to finalise.  The impact on the applicant would be severe especially during the period of the Covid-19 pandemic.  The mandate of the CCMA to speedily resolve matters will also not be achieved.  I therefore request that the CCMA continue with arbitration hearings during the Level 4 lockdown.  Justice Delayed is Justice Denied.  

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