What happens if you ignore the CCMA?

When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award?

In the case of Ilembe Outsourcing and Recruitment c.c. and others v Nosango (2018), the Labour Appeal Court (LAC) was faced with a situation where the employer did not seem to take a CCMA award seriously. The employee, Mr Nosango, had been suspended from duty, apparently after having been involved in an altercation with employees affiliated to different trade unions. No steps were taken to charge him with misconduct. Nosango referred an unfair labour practice dispute to the CCMA. The CCMA commissioner directed employer ‘… to uplift the suspension of the applicant and reinstate him in his employment …’. The employer was also ordered to pay arrear wages within seven days of the date of receipt of the arbitration award.

Alternative job offer

The employer failed to give effect to the CCMA award, which was subsequently made an order of the Labour Court (LC). The Sheriff attached certain goods of the employer, which led to the employer paying the monetary amount, but it did so in three instalments. Then, instead of reinstating Nosango to his previous position, the employer offered him an alternative job at different premises and at a lower rate of pay. Nosango rejected the offer. He was later offered another position, at different premises, but at the same rate of pay. This too was rejected by Nosango, who ultimately pursued a contempt application in the LC.

Contempt of court

The employer disputed that it was in contempt of court and argued that it had ‘duly complied’ or complied ‘in so far as it is possible’ with the order. The employer further argued that the order of reinstatement made by the arbitrator was not appropriate. According to the employer it was concerned about Nosango’s safety due to the potential for conflict at the site from which he had been suspended. The LC found the employer’s arguments unconvincing and concluded that the employer had acted mala fide (i.e. in bad faith). The LC directed the employer to reinstate Nosango to the same site and on similar conditions that applied before he was suspended. Furthermore, the employer was ordered to pay him the salary due to him, as well as any arrears. If the employer did not comply, the LC directed that the members of the close corporation should be imprisoned for 15 days. The matter was taken on appeal, but the LAC essentially upheld the award of the LC, with a few variations. The back-pay was limited to 12 months’ pay. The LAC also ordered the employer to pay Nosango’s legal costs.

Options

What does an employer do if faced by a CCMA award or court order to reinstate or re-employ, yet it truly believes that it would not be viable for an employee to return to his or her old job? There may be reasons other than the discomfort of facing an employee that has ‘won his case’ against the employer. For example – the need for the particular job may no longer exist, or the employer might have appointed someone else in the meantime. Retrenchment may be an option in the former instance, but not the latter (in which case the ‘last in, first out’ principle will apply, meaning that the newly-appointed employee would have to be retrenched instead). What other options are available?

Mediation

It is almost inevitable that the employment relationship will be strained following an order for reinstatement or re-employment. However, if ‘pride’ or ‘principle’ stands in the way of reconciliation or finding a reasonable alternative solution, the prospects for a favourable outcome for the employer are not good. It may face a similar situation to that of the employer in the Ilembe Outsourcing case, having to pay a large sum of money, huge legal bills, having to reinstate the employee, as well as the prospect of imprisonment if it did not comply.

Should an employer end up in the situation described above, we would encourage the employer consider mediation as an option. Intervention by a skilled mediator is likely to bring about fresh perspectives that should significantly improve the chances of a reasonable outcome that both parties can live with.

We must state the obvious, though, i.e. that all of the above could be avoided if employers observe fair labour practices in the first place.

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Complete Guide to NSFAS Online Loan Application for South African Students (2025)

If you are a South African student looking to pursue higher education but are facing financial difficulties, the National Student Financial Aid Scheme (NSFAS) is one of the most accessible funding options available. NSFAS provides financial aid in the form of bursaries and loans to qualifying students at public universities and TVET colleges in South Africa.

This guide will walk you through everything you need to know about the NSFAS loan application process, from eligibility requirements to application steps and frequently asked questions.

📌 What is NSFAS?

The National Student Financial Aid Scheme (NSFAS) is a government-funded financial aid scheme aimed at helping students from low- and middle-income households to access tertiary education without the burden of upfront fees.

NSFAS offers both bursaries and income-contingent loans:

  • Bursaries: For eligible students who meet academic and household income criteria (especially for TVET and university students).
  • Loans: For students who do not meet all bursary criteria or who are pursuing postgraduate qualifications not funded under bursary schemes.

✅ Who Qualifies for an NSFAS Loan?

To qualify for an NSFAS loan (especially for postgraduate students or programs not funded under the bursary system), you must:

  • Be a South African citizen.
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  • Be enrolled or accepted to study at a public university or TVET college.
  • Not be funded through another bursary program that covers all expenses.
  • Maintain satisfactory academic progress (returning students).

📚 Courses Funded by NSFAS

NSFAS primarily funds undergraduate qualifications, but certain postgraduate programs (e.g., PGCE, postgraduate diplomas in education, and professional courses like LLB) may be considered under the NSFAS loan scheme, not bursaries.

If you’re studying:

  • Undergraduate degree or diploma: You are likely eligible for a full NSFAS bursary.
  • Postgraduate study: You may qualify for a loan, depending on the course and funding availability.

📄 Required Documents for NSFAS Application

When applying, make sure you have the following documents scanned and ready:

  1. Certified copy of your South African ID or Smart Card.
  2. Parent(s) or guardian(s) ID documents.
  3. Proof of income (latest payslips, UIF, or affidavit if unemployed).
  4. Consent Form signed by your parent(s)/guardian(s) to allow NSFAS to verify income.
  5. Proof of registration or acceptance at a public institution.
  6. Academic transcripts (for continuing or postgraduate students).

🖥️ How to Apply for an NSFAS Loan Online

Step-by-Step NSFAS Online Application Process (2025)

  1. Visit the NSFAS Website

    Go to: https://www.nsfas.org.za

  2. Create an Account

    • Click on “MyNSFAS” and register your profile.
    • You’ll need a valid email address and South African cellphone number.
    • Choose a strong password and verify your account via email or SMS.

  3. Login and Start the Application

    • After registration, log in to your MyNSFAS account.
    • Click on “Apply” to begin a new application.

  4. Fill in Your Personal Details

    • Input your ID number, name, surname, and other details exactly as they appear on your ID.
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  6. Submit Your Application

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  7. Track Your Application

    • Log in regularly to check your application status.
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🗓️ Important NSFAS Dates (2025)

  • Application Opening Date: September 1, 2025
  • Application Deadline: January 31, 2026
  • Appeals Period: February 2026 (if rejected)
  • Disbursement: After registration and approval

Note: Dates are subject to change; always confirm on the official NSFAS website.

💸 What Does the NSFAS Loan Cover?

NSFAS funding typically includes:

  • Tuition fees
  • Registration fees
  • Accommodation (if living away from home)
  • Meals and transport
  • Learning materials (e.g., textbooks)

For loans, repayment is only required once you start working and earn above a threshold (around R30,000 annually, but subject to change).

🔄 NSFAS Loan Repayment

Repayments are:

  • Income-contingent – you only repay when you can afford to.
  • Administered by DHET (Department of Higher Education and Training).
  • Interest-bearing, but interest rates are low and favorable.

You can also apply for a partial loan conversion to a bursary if you perform well academically.

🔁 How to Appeal a Rejected NSFAS Application

If your application is rejected, you may submit an appeal via your MyNSFAS portal:

  1. Log into your MyNSFAS account.
  2. Click on “Track Funding Progress”.
  3. If rejected, click on “Submit Appeal”.
  4. Upload any missing or corrected documents.
  5. Provide a clear explanation or motivation.

📱 NSFAS Contact Information

📝 Final Tips Before Applying

  • Apply early to avoid system overload near the deadline.
  • Use your own email and cellphone number (do not use someone else’s).
  • Double-check that all your documents are certified and legible.
  • Keep a copy of your submission confirmation for reference.

By following this guide, you can confidently apply for NSFAS funding and move one step closer to achieving your academic and career dreams—without the burden of immediate financial pressure.

 

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