Who can issue a subpoena in South Africa?

It is issued by an officer of the court (for example the registrar of the court) and is usually served (formally delivered) by the sheriff of the court. The subpoena will state whether the witness must testify in person and whether specific documents must be made available to the court.

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What is a subpoena in South Africa?

A subpoena is a command asking that you provide something or attend to adjudication to the body to give testimony. The person applying for the subpoena has to complete and submit a LRA Form 7.16 together with the statement in terms of Rule 37 of the CCMA setting out the reasons for the subpoena.

Which CCMA has jurisdiction?

The CCMA’s jurisdiction is therefore limited to the circumstances conferred upon it by the Labour Relations Act or other statutes such as the Basic Conditions of Employment Act or Employment Equity Act. In terms of section 114 LRA, the CCMA has jurisdiction in all the provinces of the Republic of South Africa.

What is the CCMA process?

CCMA processes aim to promote fair labour practices and resolve labour disputes in the workplace. An employee can refer a dispute to the CCMA on the basis of dismissal, wages and working conditions, unfair labour practice, workplace changes and discrimination. Most cases referred to the CCMA relate to unfair dismissal.

How far in advance must a subpoena be served in South Africa?

This notice is done in advance of the trial date but not less than 15 days prior to trial. Once the expert furnishes his/her report, the report or a summary thereof is then served and filed under cover of a notice in terms of Rule 36(9)(b) of the Uniform Rules of Court.

How many days will subpoena have to be served?

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

How do I subpoena my CCMA witness?

Issuing a subpoena (1) Any party who requires the Commission or a commissioner to subpoena a person in terms of Section 142(1) of the Act, subpoena to be served must be accompanied by a completed LRA Form 7.16 and a written motivation of why the person must be subpoenaed.

When can a subpoena be issued in South Africa?

This can be filed at any time after the Rule 36(9)(a) notice but not less than 10 days prior to the trial. This is not done for the ordinary witness.

How can an employer win a CCMA case?

To win arbitration, you need to:

Prove you have been dismissed, only if that is in dispute;
Once the dismissal is proven the proceedings will turn to the employer to prove the fairness of the dismissal.
All the employee needs to do is:

Is the CCMA a court?

It is trite that the CCMA is an independent juristic body in terms of Section 112 of the LRA. As such it does not have inherent jurisdiction. Further, it does not derive its jurisdiction from common law as in a High Court, but solely from Acts of Parliament.

Are lawyers allowed at CCMA?

With any other type of dismissal or dispute, legal representation is automatically allowed. However, legal representation at the CCMA is not allowed during conciliation proceedings.

What is a Section 205 subpoena?

However, section 205 of the Criminal Procedure Act makes it possible for a police officer to obtain a subpoena, directing the ISP to reveal the requested information, in which instance the ISP will have to co operate and give the information.

What is a subpoena under the CCMA?

What is a 37ccma subpoena?

CCMA Rule 37: Subpoena A subpoena is a formal request to produce documents, or a request to appear in legal proceedings. It is an ordered command that essentially requires you to appear at the commission, testify or present evidence that may help support the facts that are in dispute in a pending case. What is the purpose of a subpoena?

How much notice does the CCMA have to give?

The CCMA must give twenty one (21) days’ notice of the date of an arbitration hearing unless the parties agree to a shorter period or reasonable circumstances require a shorter period, for example if a party intends to leave the country.

How does the CCMA deal with contempt of court?

The CCMA can then refer the case to the Labour Court whom can confirm the order of contempt and can accordingly make an award against the individual which can be in the form of an interdict, order to comply, an order to imprison a witness, or to pay compensation or damages based on the order of contempt.