Dear Joint Constitutional Review Committee,

I am writing to bring to your attention the pressing need for a constitutional review concerning the protracted processes involved in resolving unfair dismissal disputes in South Africa. My personal experience underscores the systemic challenges that many employees face in seeking timely justice.

In 2020, I was unfairly dismissed from my position. I promptly referred the matter to the Commission for Conciliation, Mediation, and Arbitration (CCMA), where I secured a favorable outcome in 2021. However, the journey did not end there. The employer challenged the decision, leading to proceedings in the Labour Court, where I again prevailed in 2024. Currently, the case is pending before the Labour Appeal Court, and a final resolution remains elusive.

This drawn-out process has spanned over four years, during which I have endured significant emotional distress, financial hardship, and professional stagnation. The stigma associated with being labeled as "dismissed" has further impeded my ability to secure alternative employment, exacerbating the personal toll of this ordeal.

The existing framework, while designed to ensure fairness, often results in undue delays that disproportionately affect employees. The CCMA aims to resolve disputes within 30 days; however, cases frequently extend beyond this timeframe. Subsequent appeals and reviews can add years to the process, leaving individuals in a state of limbo.

Statistical Overview:

Judicial Capacity: As of 2023, the Labour Court operated with only 13 judges nationwide, with the Johannesburg court—serving Gauteng, Free State, Limpopo, Mpumalanga, and North West—handling the bulk of cases. This limited capacity has led to significant backlogs.

Case Finalization Rates: In the 2021/2022 period, the Labour Court finalized 4,307 cases, achieving a 60% finalization rate, slightly above its 58% target. However, this still left a substantial number of cases unresolved.

Reserved Judgments: As of mid-2023, the Johannesburg Labour Court had 42 judgments outstanding for more than six months, the highest among all courts in the country.

Infrastructure Challenges: The Johannesburg Labour Court has only six courtrooms, often borrowing from other courts to manage its caseload. Load-shedding further hampers operations, especially in courts without generators.

CCMA Caseload: The CCMA is considered the largest labor dispute agency globally in terms of referrals, with over 3.6 million cases since its inception. In the 2018/2019 financial year alone, there were 193,732 referrals, with unfair dismissals constituting the majority of cases.


Case Studies and Expert Opinions:

Mapyane v South African Police Service & Others: Major General S.L. Mapyane was dismissed after a delay of approximately three and a half years in instituting disciplinary proceedings. The Labour Court found that this excessive delay tainted the procedural fairness of his dismissal, highlighting the detrimental impact of prolonged processes on employees.

Unfair Dismissal Case Before the CCMA Nine Times: In a case involving 22 dismissed employees, the matter was passed from one CCMA commissioner to another over several years, with at least eight commissioners recusing themselves. This led to significant delays and frustration for the employees seeking justice.

Strydom v Arcelormittal South Africa: The Labour Court criticized the overly legalistic and prolonged disciplinary procedures that undermine the objectives of the Labour Relations Act, emphasizing the need for simple, quick, and non-legalistic approaches to adjudication.


Recommendations:

1. Increase Judicial Capacity: Appoint additional judges to the Labour Court, particularly in high-demand regions like Gauteng, to expedite case resolutions.


2. Infrastructure Investment: Upgrade court facilities and ensure reliable power supply to prevent disruptions during proceedings.


3. Streamline Processes: Implement procedural reforms to reduce redundancy and prevent cases from being unnecessarily prolonged through multiple forums.


4. Support for Affected Individuals: Establish support systems, including counseling and financial assistance, for employees navigating prolonged dispute resolutions.



The right to fair labor practices is enshrined in Section 23 of our Constitution. However, the current procedural inefficiencies undermine this right, leaving many without timely recourse. A constitutional review addressing these concerns is imperative to uphold the principles of justice and equity in our labor system.

Thank you for considering this matter of national importance. I am available to provide further insights or participate in discussions to advance these recommendations.

Yours sincerely,