Can You Bring a Lawyer to the CCMA?

Key takeaways

• You may obtain legal advice about a CCMA matter, but a lawyer or candidate attorney may not represent you at every CCMA stage.
• Conciliation: a legal practitioner or candidate attorney may not represent a party.
• Con-arb: the conciliation phase follows the no-lawyer rule; if the matter moves into arbitration, the arbitration rules then apply.
• Arbitration generally: a legal practitioner or candidate attorney may represent a party.

1. Read the notice of set down before deciding

Start with the current CCMA notice, not a description received by phone or message. Record:

• the CCMA case number;
• the referring and responding parties;
• the dispute type and statutory section;
• whether the event is conciliation, con-arb, arbitration, an in-limine hearing, an application, section 189A facilitation or another process;
• the date, time and physical or online venue;
• any preliminary issue, direction or document deadline; and
• whether a bargaining council or accredited agency, rather than the CCMA, has jurisdiction.

The CCMA glossary explains the institution's basic role. The CCMA process guide maps the broader referral-to-outcome journey. This article deals only with representation.

2. Conciliation: a lawyer cannot represent you

Conciliation is the settlement-focused stage. Rule 25(1)(a) allows a party to appear in person or through specified representatives. It does not include a legal practitioner or candidate attorney in the permitted list.

Depending on the party, the list includes:

• an employer's director or employee;
• a member or employee of a close corporation where applicable;
• a qualifying member, office-bearer or official of a registered trade union or registered employers' organisation;
• an authorised representative of a qualifying registered federation in the circumstances stated in the rule; and
• an employee or official of the Department of Employment and Labour where the Department is a party.

A friend, relative, spouse, external human-resources consultant, community adviser or unregistered organisation does not become an authorised representative merely because the party trusts that person. An employer cannot automatically use an external consultant at conciliation by describing the consultant as part of management. The actual employment, membership, office or authorisation status may be tested.

The commissioner can require proof that the representative qualifies. Rule 25 refers to evidence such as constitutions, payslips, employment contracts, recognition agreements and proof of trade-union or employers'-organisation membership. Bring the source documents, not only a letter introducing the representative.

A lawyer may still advise before conciliation. Advice can help a party:

• identify the correct dispute and remedy;
• understand the notice and jurisdiction issue;
• prepare a concise chronology;
• calculate and evaluate settlement options;
• identify terms that need to appear in a settlement agreement; and
• understand what happens if the dispute remains unresolved.

Do not assume the commissioner will adjourn conciliation so a lawyer outside the room can review each proposal. If independent advice is important, obtain it before the hearing and decide in advance which issues require a pause. No party is compelled to settle, but a signed settlement may be binding and should be read carefully.

The conciliation glossary explains how this stage differs from adjudication.

3. Con-arb: the representation rule can change on the same day

Con-arb combines conciliation and, if the dispute is not resolved and arbitration proceeds, an immediate arbitration phase. The label does not create one representation rule for the whole sitting.

During conciliation, a lawyer or candidate attorney may not represent the party. When arbitration begins, Rule 25(1)(b) and (c) govern. A lawyer who had no right to participate in the settlement phase may be entitled to appear in the arbitration phase, or may need the commissioner's permission if the arbitration falls within a restricted category.

Before a con-arb date, establish:

1. whether immediate arbitration is compulsory or may be objected to for that dispute;
2. whether a valid objection has been made where the law allows one;
3. whether the arbitration is a restricted Rule 25(1)(c) matter;
4. whether legal representation will need consent or a ruling; and
5. whether the lawyer and witnesses are ready if arbitration starts immediately.

Do not treat the conciliation discussion as evidence automatically carried into arbitration. The two stages have different functions. Prepare the arbitration evidence even when settlement remains possible.

4. Arbitration: lawyers are generally allowed

At arbitration, parties present evidence, call witnesses, test the opposing evidence and make submissions before the commissioner issues a binding award. Rule 25(1)(b), subject to the restricted categories, permits representation by:

• a legal practitioner;
• a candidate attorney; or
• a person who would qualify to represent the party at conciliation.

Every legal dispute that reaches the CCMA is not therefore a “no lawyers” matter. The restriction is tied to identified arbitration categories.

For example, a lawyer or candidate attorney is generally permitted in an arbitration that falls outside Rule 25(1)(c), subject to the representative's professional status and any legitimate qualification issue. The commissioner may ask a representative to establish the basis on which the person appears.

The arbitration glossary explains the evidential nature of this stage. Whether represented or not, the party remains responsible for attending, bringing witnesses, producing the correct documents and complying with directions.

5. When legal representation is not automatic at arbitration

Rule 25(1)(c) applies if the arbitration:

• concerns the fairness of a dismissal and the alleged reason relates to the employee's conduct;
• concerns the fairness of a dismissal and the alleged reason relates to capacity, including poor performance or ill health; or
• was referred under sections 69(5), 73 or 73A of the Basic Conditions of Employment Act.

The current CCMA guidance describes the BCEA categories as compliance-order and qualifying amount-owing matters. Read the referral and the statutory basis rather than assuming that every wage or payment dispute has the same representation rule.

In a restricted arbitration, there are two routes for a lawyer or candidate attorney to appear:

Route 1: consent

The commissioner and all the other parties consent. Agreement between the employee and employer is not enough if the commissioner does not consent. Equally, one party's objection does not end the enquiry if an application under the second route is properly made.

Route 2: a commissioner allows representation

The commissioner concludes that it is unreasonable to expect a party to deal with the dispute without legal representation after considering:

1. the nature of the questions of law;
2. the complexity of the dispute;
3. the public interest; and
4. the comparative ability of the opposing parties or their representatives to deal with the dispute.

These are not slogans. A useful motivation connects each relevant factor to the actual case.

The seriousness of dismissal to a party does not by itself answer the four-factor test; dismissal cases are inherently important. Explain why this dispute cannot reasonably be handled without legal representation.

The Supreme Court of Appeal in CCMA v Law Society of the Northern Provinces upheld the validity of the restriction that then applied to misconduct and incapacity dismissal arbitrations. More recent Labour Court decisions continue to apply the Rule 25 factors. The commissioner must exercise the discretion on the case before them; neither side should present permission as guaranteed.

6. How to prepare a Rule 25(1)(c) request

Raise representation early. The 2023 rules do not convert a lawyer's Rule 25(1)(c) motivation into the separate Rule 25(6) process for an unlisted non-lawyer representative. Follow any direction in the notice, pre-arbitration process or correspondence and ask the CCMA how the presiding commissioner expects the issue to be raised.

Prepare a short written motivation that:

• identifies the case, process and restricted category;
• names the proposed legal practitioner or candidate attorney;
• states whether the other party consents or objects;
• addresses only the Rule 25(1)(c) factors that genuinely apply;
• identifies the important questions of law and evidence;
• compares the parties' ability without insulting the other side;
• attaches the documents needed to understand the request; and
• asks for a ruling before substantive evidence begins where practicable.

Bring a plan for both outcomes. The arbitration may proceed if permission is refused. The party, witnesses and documents should not be absent merely because legal representation was expected.

A refusal is not automatically reviewable simply because the party preferred a lawyer. Any challenge must address the legal review standard, the actual ruling and the record. Obtain advice promptly because court procedures and time limits are separate from the CCMA hearing.

7. In-limine hearings are a distinct preliminary process

An in-limine hearing determines a preliminary issue before the merits. It may concern jurisdiction, lateness, the identity of the employer, the existence of a dismissal or another threshold question.

The CCMA's current Rule 25 information sheet states that a legal practitioner or candidate attorney may automatically represent a party in all in-limine hearings, regardless of the underlying dispute. Confirm that the CCMA has actually set down or is conducting an in-limine hearing. Merely mentioning a preliminary concern during conciliation does not give a lawyer a right to sit through and represent the party in the conciliation phase.

Keep the issue defined. Documents and submissions about jurisdiction should not be used to turn a settlement process into a full merits arbitration without procedural clarity.

8. Other representatives and fee restrictions

Rule 25(6) gives a commissioner power, on an application under Rule 31, to allow a person not otherwise listed in Rule 25 to represent a party at arbitration. This is not a general conciliation exception.

The commissioner considers matters including:

• whether it is unreasonable to expect the applicant to proceed unrepresented, using the Rule 25(1)(c) factors;
• why an ordinarily permitted representative cannot act, including affordability where applicable;
• the proposed representative's ability;
• whether that person is subject to professional or statutory oversight;
• contribution to fairness and expeditious resolution;
• prejudice to the other party; and
• other relevant factors.

Do not market or promise an “automatic CCMA representative” service based on this discretion. The application must be supported on its facts.

Rule 25 also prohibits a non-lawyer or non-candidate-attorney representative acting in the listed conciliation or arbitration capacities from charging a fee or receiving a financial benefit for agreeing to represent the party. Verify a person's status, organisation registration, mandate and fee basis before relying on them.

9. Large-scale retrenchment facilitation has a firm prohibition

For facilitation under section 189A(3) of the Labour Relations Act, Rule 25 allows specified party, employee, union and employers'-organisation representatives. Rule 25(1)(e) expressly prohibits representation by a legal practitioner or candidate attorney. The CCMA guidance confirms that the commissioner has no discretion to override that prohibition.

This restriction concerns the facilitation process. It should not be generalised to every later dispute or Labour Court proceeding connected to a retrenchment. Identify the stage and forum each time.

10. If you attend without a lawyer

The CCMA says commissioners must assist parties who are inexperienced and unrepresented during arbitration. That procedural assistance is important, but the commissioner remains neutral. The commissioner is not the party's lawyer, cannot create missing evidence and cannot choose witnesses or strategy for one side.

Prepare:

1. the referral, response, certificate, request for arbitration and notices;
2. the employment contract and relevant policies or collective agreements;
3. a dated chronology;
4. the exact issues admitted and disputed;
5. original documents and an organised working bundle;
6. witnesses with first-hand knowledge;
7. the remedy sought or response to that remedy;
8. questions for each witness; and
9. proof of every representative's status and mandate.

Use the CCMA checklist to organise the core record. Do not script false evidence or coach a witness to repeat a preferred version.

Self-representation is permitted. It does not mean the case is simple or that professional advice is unnecessary. The need for advice depends on jurisdiction, dismissal reason, evidence, value, remedy, complexity, power imbalance and consequences—not on a belief that only lawyers can speak effectively.

11. Getting advice without losing the hearing date

Do not miss a referral, application, objection, filing or attendance requirement while looking for representation. A lawyer's availability does not automatically postpone a CCMA matter, and postponement is not a right.

Seek advice promptly if:

• the notice identifies con-arb and arbitration may start the same day;
• the dispute may be outside CCMA jurisdiction;
• condonation or another preliminary application is required;
• misconduct or incapacity makes legal representation discretionary;
• the other side has a permitted representative and comparative ability is a concern;
• technical, expert or extensive documentary evidence is expected;
• a settlement includes reinstatement, waiver, confidentiality, tax or payment terms that are not understood;
• a ruling has refused representation and arbitration is continuing; or
• review, rescission, enforcement or Labour Court proceedings are contemplated.

The labour-lawyer overview explains the practitioner category. The lawyer directory provides a neutral comparison route. Confirm fees and scope in writing: advice, drafting a representation motivation and appearing at arbitration are different services.

Common mistakes

• Assuming a lawyer may participate because the notice says “hearing”.
• Bringing a lawyer into the conciliation phase of con-arb.
• Treating all arbitration matters as automatically open to lawyers.
• Forgetting that specified BCEA matters are also restricted.
• Asking only the other party for consent and ignoring the commissioner's role.
• Reciting “complexity” without identifying the actual questions, evidence or imbalance.
• Arriving without witnesses because a representation ruling was expected.
• Using a friend, consultant or unregistered organisation without checking Rule 25 status.
• Paying a non-lawyer representative contrary to the fee restriction.
• Missing the hearing or filing date while trying to secure representation.

Sources used

• Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration, Government Gazette 48445 of 21 April 2023, particularly Rule 25.
• CCMA, “Rule 25” information sheet, 2023 edition.
• CCMA, “CCMA Rules – What the Public Needs to Know”, 2025 edition.
• CCMA, “Who may represent me at conciliation?”
• CCMA, “Who may represent me at arbitration?” and Arbitration guidance.
• Commission for Conciliation, Mediation and Arbitration v Law Society of the Northern Provinces (005/13) [2013] ZASCA 118.
• Passenger Rail Agency of South Africa v Mathobela and Others (2024/127351) [2024] ZALCJHB 446.
• Fraser Alexander (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR710/21) [2025] ZALCJHB 110.

This guide gives general South African legal information about the CCMA rules. The notice, dispute classification, governing statute, bargaining-council coverage, current rule text, directions, representative status and facts must be checked for the actual case. CCMA representation and later Labour Court representation are different questions.

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