The New CCMA Rules Explained
The revised Rules for proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) have been published in Government Gazette No. 55620. The new Rules took effect immediately on 23 October 2026 and replace the Rules that had been in force since 24 April 2023.
Although the overall structure of the CCMA process remains familiar, the revised Rules introduce several important procedural changes. These relate particularly to electronic communication, the use of Artificial Intelligence (AI), joinder applications, subpoenas, Section 188A inquiries and costs. Stakeholders should update their procedures promptly, as failure to comply may result in missed hearings, unsuccessful applications or adverse cost consequences.
Greater Recognition of Digital Communication
One of the most practical changes is the express recognition of WhatsApp as a means by which the CCMA may notify parties of hearings or other proceedings. Rule 5A previously permitted notice through the service methods in Rule 5 or by short message service (SMS), while the new wording extends this to include WhatsApp messages.
The Rules also provide clearer recognition of the CCMA’s electronic referral platforms. Schedule One identifies the CCMA’s online platform and WhatsApp chatbot as official electronic referral platforms. Conciliation referrals, arbitration requests and condonation applications may be submitted through an authorised platform, and electronic submissions may be made at any time. If the CCMA subsequently requests an original document, it must be supplied within seven days.
For employers, this makes the monitoring of electronic communications an operational necessity. Contact details supplied to the CCMA must remain current, and employers should ensure that emails, SMSes and WhatsApp messages are routed to persons who can act on them immediately. A hearing notice should not be overlooked merely because it arrived through an unfamiliar or previously disregarded digital channel.
Parties must nevertheless distinguish between a notice sent by the CCMA and service of documents by one party on another. Documents must still be served by an authorised method under Rule 5, and the serving party must retain the proof required by Rule 6. The fact that the CCMA is permitted to send notices by WhatsApp does not, on its own, make WhatsApp a valid method for one party to serve documents on another.
Disclosure of AI Use
A particularly notable development is the formal recognition of AI in arbitration preparation. Rule 20 now requires parties, when holding a pre-arbitration conference, to address the use of AI and AI-generated information, including the nature and extent of that use. “Artificial Intelligence” is also defined in Rule 41.
While this does not prohibit parties or representatives from using AI, it does require transparency where AI has played a role in preparing material relevant to the arbitration. This could include using AI to draft or summarise documents, translate material, analyse evidence or generate information intended to be placed before the commissioner.
Representatives should record the relevant use of AI in the pre-arbitration minute and verify all generated material against the source evidence. Original documents should be preserved, and parties must be able to explain whether content has been generated, altered or summarised. AI output should never be accepted without checking its factual and legal accuracy.
New Conditions for Joining Parties
The new Rule 26 tightens the procedure for joining a person who was not cited in the original referral. Under the previous Rules, the CCMA or a commissioner could join a person with a substantial interest in the dispute, subject to notice and the ordinary application procedure.
A person omitted from the initiating referral can no longer simply be added through joinder. The party seeking joinder must serve and file a referral form in respect of the proposed additional party. Where that referral is outside of the applicable statutory period, an application for condonation must accompany it. The joinder application may be considered only after proof of service and filing, together with any required condonation application, has been provided.
This makes it essential to identify and cite the correct legal parties at the outset. Employers should ensure that their registered or legal name is used consistently, while referring parties should verify which company, entity or office holder employed them. A joinder application can no longer be assumed to cure an incomplete, late or unserved referral.
New Route for Documents Held by Non-Parties
The amended Rules draw a clearer distinction between obtaining documents from another party and obtaining them from a third party. Rule 29 now directs requests for documents or material held by a non-party to the subpoena procedure in Rule 37.
A subpoena application must ordinarily be filed at least 14 days before the arbitration. The CCMA may request further information from the applicant within three days and may invite the other party to respond within five days. A subpoena may be refused where its necessity is not established, insufficient time has been allowed for compliance or the required witness fees or expenses have not been addressed.
Parties should therefore identify third-party evidence early. The subpoena process should not be left until shortly before arbitration, and requests must explain specifically why the evidence or witness is relevant and necessary.
Section 188A Inquiry Fees
Rule 34 continues to require payment of the prescribed fee for an inquiry by arbitrator under Section 188A of the Labour Relations Act 66 of 1995 (LRA). A refund remains possible where the dispute is resolved before the CCMA issues its notice fixing the inquiry’s date and venue.
The new Rule 34(6A), however, makes it clear that the fee will not be refunded where the CCMA has already issued the notice and the inquiry then fails to proceed at the instance of a party. Employers should consequently confirm that the legal basis for the inquiry, the employee’s consent where required, and the parties’ readiness to proceed are all in place before submitting the request and paying the fee.
Revised Legal Cost Amounts
The amounts that may be awarded for legal costs under Rule 39 have been updated. The maximum amounts are now R7,524 for the first day of arbitration and R4,911.50 for each additional day, inclusive of VAT. Where a candidate attorney appears, recoverable costs remain limited to 50% of these amounts.
These figures do not create an automatic entitlement to costs. The existing limitations remain, including that such legal costs may generally be awarded only where the other parties were also represented by a legal practitioner or candidate attorney.
What Remains the Same
Importantly, several familiar requirements have not changed. The minimum notice periods for conciliation, con-arb and arbitration substantially remain as they were under the 2023 Rules, as do the basic restrictions on legal representation. The new Rules therefore do not create a general right to legal representation at every CCMA proceeding.
Putting the Changes into Practice
Anyone who regularly appears before the CCMA, whether as an employer, employee, union or representative, should update their procedures and document templates immediately. A good starting point is ensuring that telephone numbers, email addresses and WhatsApp contact details are accurate and that someone monitors these. Care should be taken to identify all parties correctly, while proof of filing and service should be retained together in a central case file.
Pre-arbitration templates should be amended to include disclosure of AI use. Where third-party evidence is likely to be needed, identifying it sufficiently early will leave enough time to prepare a properly motivated subpoena application. It is also worth revisiting cost estimates so that they reflect the revised Rule 39 amounts.
Adapting to the Revised Rules
While the revised Rules do not overhaul the CCMA process, they leave less room for procedural oversights. Stakeholders who take the time now to review their internal processes and preserve proof of every procedural step will be best placed to protect their interests under the revised framework.
