Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner
Thesis (LLD)--Stellenbosch University, 2025.
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Stellenbosch : Stellenbosch University
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867614017752662016 |
|---|---|
| access_status_str | Open Access |
| author | Letlonkane, Katlego |
| author2 | Madonsela, Thuli |
| author_browse | Letlonkane, Katlego Madonsela, Thuli |
| author_facet | Madonsela, Thuli Letlonkane, Katlego |
| author_sort | Letlonkane, Katlego |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LLD)--Stellenbosch University, 2025. |
| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/132006 |
| institution | Stellenbosch University (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:45:21.489Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Stellenbosch : Stellenbosch University
|
| publisherStr | Stellenbosch : Stellenbosch University
|
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/132006 Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner Letlonkane, Katlego Madonsela, Thuli Broodryk, Theo Stellenbosch University. Faculty of Law. Department of Mercantile Law South Africa. Commission for Conciliation, Mediation, and Arbitration Social justice -- South Africa Mediation and conciliation, Industrial -- South Africa Dispute resolution (Law) -- South Africa South Africa. Commission for Conciliation, Mediation, and Arbitration -- Officials and employees UCTD Thesis (LLD)--Stellenbosch University, 2025. ENGLISH ABSTRACT: This study provides exploratory insight into the social justice mandate of the Commission for Conciliation Mediation and Arbitration (“CCMA”) in the context of labour relations in South Africa. As a vehicle for the advancement of social justice through the efficient resolution of labour disputes, the CCMA is a compelling actor in the pursuit of social justice in South Africa’s labour environment. Social justice as a legislative and policy imperative requires an investment in understanding its conceptual ideals and demands in order to empower those acting in its pursuit with the knowledge they need to fulfil its demands. The CCMA’s most critical functionary, its commissioner, holds the key to unlocking labour justice for many members of the public. One wonders, given the criticality of advancing social justice in labour relations, whether social justice is appropriately understood in order to enable the kind of decision-making that efficiently and consistently addresses the workings of power and inequality as they manifest in employment relationships. This study’s main provocation is to transform the pursuit of social justice (in the South African labour context, at least) from an elusive endeavour to a more tangible, realistic one. It attempts to offer a way of thinking about and applying social justice in the practice of labour dispute resolution in South Africa and the CCMA context. It critically explores the interwoven mechanisms of power, prejudice, and injustice and how these mechanisms work to sustain unequal labour relations. The commissioner’s role is thus a critical one, that involves a deliberate pursuit to recognise, understand and interrupt these movements of power and mitigate the effect of inequality. Any movement towards social justice that does not pay close attention to this matrix of power and prejudice threatens to dilute the transformative potency of social justice. This study identifies and discusses the decisions of commissioners that fall short of the kind of conscientious decision-making required by a mandate of social justice. Discussions in this study also point out significant achievements in centralising social justice principles in decision-making processes at the CCMA, where arbitrators, in reducing injustice and advancing justice in labour relations, show a conscientious consideration and appreciation of historical contexts, power, privilege and disadvantage. Living up to the constitutional imperative to transform society in the way of equality, commissioners ought to develop their agency and be empowered by the Constitution of the Republic of South Africa, 1996, to disrupt inequality. This study contributes to the understanding and clarification of social justice and its implications for the South African labour environment. It also posits ubuntu as an important consideration in the balancing exercise required to achieve justice. AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar. Doctoral 2025-05-16T06:38:00Z 2025-05-16T06:38:00Z 2025-03 Thesis https://scholar.sun.ac.za/handle/10019.1/132006 en Stellenbosch University v, 221 pages : illustrations application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | South Africa. Commission for Conciliation, Mediation, and Arbitration Social justice -- South Africa Mediation and conciliation, Industrial -- South Africa Dispute resolution (Law) -- South Africa South Africa. Commission for Conciliation, Mediation, and Arbitration -- Officials and employees UCTD Letlonkane, Katlego Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner |
| title | Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner |
| title_full | Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner |
| title_fullStr | Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner |
| title_full_unstemmed | Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner |
| title_short | Social justice at the Commission for Conciliation Mediation and Arbitration (CCMA) and the critical role of the commissioner |
| title_sort | social justice at the commission for conciliation mediation and arbitration ccma and the critical role of the commissioner |
| topic | South Africa. Commission for Conciliation, Mediation, and Arbitration Social justice -- South Africa Mediation and conciliation, Industrial -- South Africa Dispute resolution (Law) -- South Africa South Africa. Commission for Conciliation, Mediation, and Arbitration -- Officials and employees UCTD |
| url | https://scholar.sun.ac.za/handle/10019.1/132006 |
| work_keys_str_mv | AT letlonkanekatlego socialjusticeatthecommissionforconciliationmediationandarbitrationccmaandthecriticalroleofthecommissioner |