Are lawyers allowed at CCMA?

It is always best to consult an attorney regarding legal representation at the CCMA when proceeding. A party wishing to attend the CCMA must ensure that they are well informed of their matter.

The CCMA is an institution which follows its own rules and guidelines. This means, that the CCMA deals with various matters and that they are bound by the rules of the CCMA and Labour relations act. In certain instances, legal representation is not allowed by the CCMA. To better understand this concept it is important to know what legal representation is and what it is all about.

What is legal representation?

Legal representation is when an attorney with the right of appearance in the High Court, and who practices as an attorney, is allowed to represent a client. In this instance, it would be to represent an employer or the employee at the CCMA.

In terms of the Constitution of the Republic of South Africa, each and every person has the right to representation.

How are representations dealt with?

In conciliation:

In a conciliation, an attorney is not allowed to represent his or her client. The reason for this is that the conciliation stage is where both parties try to resolve the dispute between them. The conciliation stage is not recorded and is all completely without prejudice. This means that a party cannot use what was said at conciliation at a later stage at the CCMA.

The arbitration:

During the arbitration proceedings, attorneys will be allowed in certain circumstances. Legal representation of the CCMA is governed by Rule 25 of the CCMA Rules.

Rule 25 stipulates certain instances where legal representation is not automatically allowed. This will be discussed briefly, to better understand what rule 25 is about.

1.​ The nature of the questions of law raised: In a broad sense this will be whether the matter was procedurally and substantively unfair.

2.​ The complexity of the matter: This would depend on the reason for the dismissal and whether it can be related to misconduct. A matter becomes quite complex when witnesses and expert witnesses are called to testify and large volumes of documents are exchanged.

3.​ The public interest: Although we acknowledge that the CCMA should not be over legalistic in making its decision whether to allow a legal representative or not, the CCMA will always bear in mind that the Constitution provides for legal representation and they do not lightly refuse a legal representation.

4.​ The comparative ability of the applicant and the respondent: When a commissioner compares the ability of the applicant and the respondent to deal with their cases in a sufficient manner. If the commissioner feels that the applicant or the respondent will not be able to deal with his or her case sufficiently the commissioner will rule that legal representation is allowed.

In which instances are legal representation not automatically allowed?

Legal representation is not automatically allowed in misconduct and incapacity matters. An attorney wishing to represent his or her client at the CCMA must apply to the commission to be allowed to represent his or her client.

Legal representation can be applied by way of notice together with an affidavit prior to the arbitration hearing taking place. The legal representative can also apply on the date of hearing orally to the commission to be allowed to represent his or her client.

Consent:

If the applicant and the respondent agree that either party may have a legal presentation the commission will not refuse it.

This means that the matter will be dealt with by the commission during arbitration proceedings and both parties can have legal representation. The problem would merely exist if the respondent and the applicant do not agree to legal representation to be allowed.

It is important for attorneys to be fully prepared when arguing Legal representation. The attorney should know the facts of the matter fully and must be able to represent its case to the commission. If an attorney is not allowed in the arbitration proceedings, the applicant or the respondent would have to present the case by themselves.

If the commissioner refuses legal representation and the aggrieved party feels that he should not have refused legal representation, the aggrieved party may take the matter on review.

It is very important to ensure that when legal representation is dealt with at the CCMA that it is recorded. The commissioner will always provide a ruling on paper if he finds that legal representation is not allowed.

Need Information or Confused about Something ?

Ask a Question

 

Sponsored Guide

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.
  • Be financially needy, with a household income of less than R350,000 per year.
  • Have a valid South African ID.
  • 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.
    • Provide household income information and living arrangements.

  5. Upload Required Documents

    • Upload all supporting documents in PDF or JPEG format.
    • Each document must be clear and under the size limit specified.

  6. Submit Your Application

    • Review your application for accuracy.
    • Click “Submit” and wait for a confirmation message.

  7. Track Your Application

    • Log in regularly to check your application status.
    • You will be notified via SMS and email at each stage of the process.

🗓️ 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.

 

Related Posts: