A Critical Analysis of the Impact of the Role of Commission for Conciliation, Mediation and Arbitration on Social Justice in South Africa

Abstract

Employment relations in South Africa have evolved through various phases culminating in the current dispensation initiated by the democratic system of government in 1994. The South African Constitution is the supreme law and determines work law and employment relations. The Preamble talks of the advancement of social justice while section 9 entrenches the right to equality and prohibition of discrimination. The watershed piece of legislation, the Labour Relations Act fortifies the Constitution by seeking to advance the concept of social justice. Upon realizing the importance of social justice the Act established the Commission for Conciliation, Mediation and Arbitration (CCMA) as the defender and protector of the concept of social justice. Due to the recognition of the importance of this concept in society, much is expected from the CCMA in attempting to achieve the Constitutional mandate and in attempting to extend the objective of the LRA by advancing the concept of social justice. The study seeks to determine the extent to which the role of the CCMA advances this concept. While the study will vehemently argue that the CCMA fails to fulfill the advancement and promotion of the concept of social justice in accordance with the Constitution and as expected by other relevant statutes, it would be shown that there are certain fundamental rights which are annihilated which form the main pillars of social justice and without which social ......