Decisions about legal representation are procedural matters that fall squarely within the discretion of the CCMA arbitrator.
An advocate accused of misconduct at the Commission for Conciliation, Mediation and Arbitration (CCMA) has lost a Labour Court bid to secure legal representation after arguing that anxiety and depression left him unable to represent himself effectively.
Mandla Maluleka, a former National Health Laboratory Service employee who was admitted as an advocate in 2005, sought to overturn a ruling refusing him legal representation in an ongoing dismissal arbitration.
The application was based on a psychologist's report which stated that Maluleka was experiencing “significant psychological distress characterised by symptoms of anxiety and depression” that could impair both his emotional state and cognitive functioning.
According to the report, the condition could compromise his ability to represent himself effectively during the proceedings and affect his ability to provide clear and coherent testimony.
