What are the three cases that the CCMA Cannot solve?

Last Updated on September 21, 2023 by ufiling

The CCMA (Commission for Conciliation, Mediation, and Arbitration) is a South African institution that aims to promote fair labor practices and resolve disputes in the workplace. While the CCMA can handle a wide range of labor-related cases, there are certain situations where its jurisdiction is limited. Here are three cases that the CCMA generally cannot solve:

  1. Criminal cases: The CCMA does not have the authority to deal with criminal matters. If an employee has committed a criminal offense, such as theft or assault, the appropriate forum for addressing such cases would be the criminal justice system, including the police and the courts.
  2. Discrimination cases outside of labor laws: The CCMA primarily focuses on resolving disputes related to labor legislation, such as unfair dismissals, unfair labor practices, or wage disputes. It does not have the mandate to handle cases involving discrimination based on factors not covered by labor laws, such as discrimination related to race, gender, religion, or sexual orientation in areas like housing, public services, or education. These types of discrimination cases would typically fall under the jurisdiction of other bodies, such as the South African Human Rights Commission or specialized equality courts.
  3. Disputes involving non-employees: The CCMA’s jurisdiction is limited to resolving disputes that involve employees and employers. It does not have the authority to mediate or arbitrate conflicts between parties who are not in an employer-employee relationship. For example, disputes between suppliers, clients, or contractors would generally fall outside the scope of the CCMA’s jurisdiction.

It’s important to note that while these are general limitations of the CCMA, there may be exceptions or specific circumstances where the CCMA’s involvement can be sought or where other bodies can provide guidance and support.

What are the three cases that the CCMA Cannot solve?


The CCMA (Commission for Conciliation, Mediation and Arbitration) is a dispute resolution body in South Africa that primarily deals with employment-related disputes. While the CCMA has jurisdiction over a wide range of cases, there are certain situations where it may not be able to provide a resolution. Here are three cases that the CCMA generally cannot solve:

  1. Criminal cases: The CCMA does not have the authority to deal with criminal matters. If an issue involves criminal conduct, such as theft, fraud, or assault, it falls under the jurisdiction of the South African criminal justice system. In such cases, the appropriate course of action would be to report the matter to the police.
  2. Matters outside of its jurisdiction: The CCMA has specific jurisdictional limits, and it can only handle disputes that fall within its scope. For example, the CCMA primarily deals with employment-related matters, including unfair dismissals, unfair labour practices, and disputes over terms and conditions of employment. If a dispute falls outside the CCMA’s jurisdiction, such as civil matters unrelated to employment, it would need to be addressed through the appropriate legal channels.
  3. Matters involving non-parties: The CCMA generally focuses on resolving disputes between parties who have a direct relationship or connection, such as employers and employees. If a dispute involves individuals or entities that are not directly party to an employment relationship, the CCMA may not have the authority to intervene. In such cases, the dispute would typically need to be resolved through other legal means, such as civil litigation.

It’s important to note that while these are three common scenarios where the CCMA may not have jurisdiction, there can be other specific circumstances that fall outside its scope as well. It is advisable to consult the CCMA or seek legal advice for specific situations to determine the appropriate course of action.

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