11 NOVEMBER 2021

ATTENTION: MEDIA HOUSES, CCMA USERS, STRATEGIC PARTNERS AND STAKEHOLDERS

SUBJECT: THE CCMA COMMEMORATES ITS 25th ANNIVERSARY

Today, 11 November 2021, marks the 25th anniversary of the Commission for Conciliation, Mediation and Arbitration (CCMA) since its founding in 1996, as brought on by the Labour Relations Act 66 of 1995 (LRA), which was signed into law by the late former President Nelson Mandela.

After tireless attempts at readying the CCMA’s structure, the then CCMA Management Team was finally given the go-ahead by the first post-apartheid Minister of Labour, Mr. Tito Mboweni, to open CCMA doors on 11 November 1996 for business with just ten (10) offices spread across the country. 25 years later, the CCMA has a footprint of twenty-five (25) offices nation-wide.

As of 7 November 2021, 3 566 370 case referrals have been received since that Monday morning of 11 November 1996. The CCMA’s caseload has been on an upward trajectory year on year since its establishment. Despite the rising caseload, the CCMA consistently maintained a settlement rate of above 70% year on year, with the highest caseload being recorded in the 2019/20 financial year (221 547) and its lowest in the first year of its operation; with 62 927 total case referrals.

The CCMA’s stance has over the years evolved from a dispute resolution oriented focus, to one that embraces proactive dispute prevention and management, with a focus on capacity building programmes geared towards dispute management and prevention. One of the CCMA’s proud achievements over the years has been the job-saving strategy, which has consistently yielded commendable job-saving successes. During the 2020/21 financial year, the CCMA’s job-saving efforts saw 58 165 jobs saved from the 138 816 likely to have been retrenched. The figure (58 165) translates to 42% jobs saved as per cases referred to the CCMA, against a set target of 20%.

The CCMA’s exemplary contribution to the stability of the South African labour market includes the facilitation of prominent and ground-breaking matters, such as:

• The Assign Services (Pty) Ltd v NUMSA matter that related to the deeming provision. This matter ended up at the Constitutional Court where the CCMA Commissioner’s decision was confirmed;
• The Kylie v CCMA matter which dealt with the enforceability of illegal employment contracts;
• In 2016, the CCMA successfully mediated the five (5) month protracted Lonmin Mine wage dispute and unprotected strike involving Lonmin’s unrepresented workers and the Lonmin Mine. The CCMA’s facilitation of the wage dispute led to the matter being successfully concluded with a three (3) year agreement being drawn up between the parties;
• In the 2016/17 financial year, the CCMA successfully concluded a labour market accord in Phalaborwa to facilitate the Rb15 expansion of the Phalaborwa Mine; one of the largest copper mines in the world. The accord paved the way for sustainable industrial peace and investment in local community initiatives with the potential for employment and business opportunities;
• The CCMA also successfully facilitated the resolution of a dispute that had spanned over period of fifteen (15) years between National Health Education & Allied Workers Union (NEHAWU) and the University of Witwatersrand in relation to wage disputes. The dispute was also mediated during a tumultuous time when the ‘Fees must fall’ protests had gained traction.
• The CCMA extended an offer of assistance in terms of Section 150 of the LRA Act to NEHAWU and Parliament in September of 2016. After several facilitated meetings the dispute was successfully resolved; and
• In a matter between Parastatal (National Union of Mineworkers (Num), the National Union of Metalworkers of South Africa (Numsa), Solidarity, United Association of South Africa (Uasa) and Eskom, the CCMA’s intervention led to the parties concluding a single year agreement on wage increments agreed upon by both parties; saving the country from halted electricity supplies.

The CCMA is also leading in two (2) Presidential projects arising from the Presidential Job Summit Framework Agreement of 2018, namely, the Temporary Employee/Employer Relief Scheme (TERS) and the CCMA/BUSA Labour Advice WebTool for small businesses. The TERS scheme has been instrumental in sustaining businesses and providing a ‘safety net’ for workers facing possible retrenchment whilst the CCMA/BUSA Labour Advice WebTool assists small business owners with their application of relevant employment legislation minimising the red tape and any labour-related compliance costs.

Over the years, the CCMA has also improved its internal business processes to ensure that it remains a capable and developmental organ of state which is aligned to best principles of corporate governance and ethical leadership. The CCMA has also made great strides in its efforts of digital transformation. For example, during the 2020/21 financial year, the CCMA introduced the e-Referral platform and web–based hearings.

The role and contribution of the CCMA to the labour market cannot be considered in isolation without the role played by Bargaining Councils providing sector-based dispute resolution services and enforcing collective agreements to maintain labour peace. The CCMA currently oversees the capacitation of thirty-six (36) accredited Councils and six (6) Private Agencies to expand its reach to Users.

“The CCMA wishes to extend gratitude to all those who have contributed immensely to what the CCMA has become today; a world-class dispute resolution institution”, said Adv Cameron Morajane, the CCMA Director. This anniversary presents the organisation with an opportunity to reflect on its achievements and points of learning, especially arising from the current dynamics brought on by the Covid-19 pandemic and the Fourth Industrial Revolution. I am encouraged by CCMA employees who have stayed the course in the quest for social justice, remaining committed to serve during the unprecedented times of COVID – 19 and government-wide budget cuts”, added Morajane.

The CCMA’s Governing Body Chairperson, Mr. Enos Ngutshane, said, “The CCMA will continue to make a valuable and meaningful contribution to the labour market by providing cost-effective and efficient dispute prevention and resolution services to its Users as envisaged in its current five (5) year, Imvuselelo – The Revival, the 2020/21 – 2024/25 Strategy.”

For media enquiries, please send an email to mediarelations@ccma.org.za

ENDS