Artwork, sculptures and statues depicting the “Lady of Justice” are found throughout the world. Lady Justice is a symbolic representation of unbiased decision-making and protection of the law. Depicted as a blindfolded woman holding a scale and a sword, she embodies fairness, impartiality and the rule of law. The blindfold represents objectivity, indicating that justice should be applied without bias. The scales symbolise the weighing of evidence and the balance between competing interests in a dispute. The sword signifies authority and the power to enforce the law. Together, these symbols underscore the importance of equity and integrity in legal proceedings.

In the context of the CCMA, Lady Justice, through its representatives, stands to ensure that both employers and employees have their cases heard fairly.

To ensure that these fundamental principles of fairness are adhered to, the CCMA has established a Code of Conduct for Commissioners. This code outlines the ethical and professional standards expected from Commissioners. Violation of the code may constitute grounds for removing a Commissioner from office.

To ensure objectivity and impartiality in CCMA proceedings, the Code specifies the following:

  • A Commissioner should disclose any interest or relationship that is likely to affect their impartiality or which might create a perception of partiality. The duty to disclose rests on the Commissioner.
  • Commissioners chosen to intervene in any matter should, before accepting, disclose directly to the CCMA or through their accredited agents the following:
  • Any direct or indirect financial or personal interest in the matter; and
  • Any existing or past financial, business, professional, family or social relationship which is likely to affect impartiality or may lead to a reasonable perception of partiality or bias.

After the appropriate disclosure, Commissioners may serve if both parties agree. Still, if they believe that a conflict of interest exists, they should recuse themselves, irrespective of the views expressed by the parties.

Unfortunately, we do not live in a perfect world. Parties may be faced with a situation in which the Commissioner does not believe that a potential conflict of interest exists or simply does not disclose it, to begin with.

In a scenario like this, either of the parties to the dispute may bring an application for the Commissioner to recuse themself from the proceedings. While a party has this recourse, a request for recusal should not be brought simply because a party does not like a specific Commissioner. The test for recusal consists of a double requirement. Not only must the person apprehending bias be “a reasonable person,” but the apprehension itself must be reasonable in the circumstances.

The concept of Lady Justice dates back to ancient Greek and Egyptian times. To this day, it still stands tall as a reminder of the importance of justice, fairness, and impartiality in legal proceedings.

Article By Ruaan Heunis

Provincial Manager at Consolidated Employers Organisation (CEO SA)