Labour Law

The Amended CCMA Rules: What Changed on 23 October 2026

The CCMA's amended Rules came into effect on 23 October 2026 (Government Gazette 55620, Notice 4208 of 2026). They replace the version that has applied since 24 April 2023 (Gazette 48445).Most of the Rules stayed the same. But some of the changes are big ones, and a few will catch employers and representatives off guard if they don't know about them. We went through the old and new Rules side by side, and this is what changed.<h2>The 5 changes you should know about first</h2>1. Don't pitch at arbitration? Your case can now be dismissed.Under the old Rule 30, if the referring party failed to attend arbitration without a good reason, the commissioner could only remove the matter from the roll, and Rule 31C let that party ask for it to be re-enrolled. The new Rule 30(1)(b) says the commissioner may dismiss the matter. Rule 31C (the re-enrolment procedure) has been deleted completely.2. AI is now in the Rules.For the first time, parties at a pre-arbitration conference must try to agree on "the use of AI and AI-generated information and the nature and extent of such usage" (new Rule 20(3)(s)). The Rules also now define "Artificial Intelligence".3. You can't join a party that wasn't cited in the referral.New Rule 26(5) to (8): the CCMA may not join a party who was not cited in the referral form. The party wanting the joinder must first serve and file a referral form on that person, apply for condonation if it's late, and only then will the joinder be considered. Even a commissioner acting on their own accord must first have the referral served on the party to be joined.4. WhatsApp is official.The CCMA can now give notice of hearings by WhatsApp (Rule 5A), and its electronic referral platforms are defined to include the CCMA WhatsApp Chatbot and cmsonline.ccma.org.za.5. Costs went up.Legal costs orders under Rule 39(4) increased from R7 000 to R7 524 for the first day, and from R4 700 to R4 911,50 for each additional day (VAT inclusive). Candidate attorneys still get 50%.<h2>The CCMA's own checklist, matched to the Rules</h2>When it announced the amendments on 23 October 2026, the CCMA listed the areas it wants parties to look out for. If the CCMA thinks these are important, so should every employer. Here is each point, with the Rule it relates to and what actually changed.1. Electronic communication and filingNotices can now come by WhatsApp (Rule 5A). Filing on the CCMA's online platforms (the WhatsApp Chatbot and cmsonline) is formally in the Rules for referrals, arbitration requests and condonation applications, and electronic signatures count if they comply with ECTA (Rule 7(1)(d)–(f)). Email and online filings can be made any day, any time.2. Pre-con, conciliation, con-arb and arbitration<ul><li>Pre-conciliation: a designated and trained CCMA staff member, not only a commissioner, may now contact the parties to try to settle before conciliation (Rule 12).</li><li>When is an LRA Form 7.13 needed? Rule 17 now spells it out. You don't need one if the con-arb arbitration started and was adjourned. You do need one if a certificate was issued after 30 days without a hearing, or if a party objected to con-arb and the dispute was not resolved.</li><li>Conciliation confidentiality: conciliation may not be recorded in breach of RICA or POPIA (Rule 16).</li></ul>3. Pre-arbitration preparation and AIParties at a pre-arbitration conference must now try to agree on the use of AI and AI-generated information, and the nature and extent of that use (Rule 20(3)(s)). This is the first time the Rules deal with AI.4. Representation and participationMembers of a union or employers' organisation must now be authorised by that organisation to represent a party (Rule 25(1)(a)(ii)). Joinder and substitution were tightened (Rule 26). See the full explanation in the next section.5. Disclosure and subpoenasDocuments from the other party are requested under Rule 29. Documents from a non-party (someone not cited in the case) now go through a subpoena under Rule 37 and section 142(1) of the LRA (Rule 29(1A) and Rule 37(1)).6. Section 21 organisational rights disputesThe union must attach its section 21 notice to the employer and its certificate of registration. If it doesn't, the CCMA may refuse to process the referral (Rule 10(2)(c)–(d)).7. Venue of hearingsRule 24(2) now says the venue "may include, but is not limited to" an online hearing. The new LRA forms for a section 189A facilitation (LRA Form 7.20) and a section 188A inquiry (LRA Form 7.19) let parties choose the CCMA office, the employer's premises or an online platform, and the facilitation form also offers external premises. The CCMA's advisory says the venue provisions now cover higher-risk matters as well. The Rule itself doesn't use the words "higher-risk", so we expect the CCMA's webinars to explain how this will work.8. Non-attendance, rescission and statutory applications<ul><li>A referring party who doesn't attend arbitration without a good reason can now have the matter dismissed (Rule 30), and the re-enrolment procedure (old Rule 31C) is gone.</li><li>The old Rule 32(2), which kept removals from the roll outside the rescission rule, was deleted. The 14-day time limit to apply for variation or rescission stays.</li><li>An application to refer a dismissal dispute to the Labour Court under section 191(6) must now address specific grounds (Rule 33(3)).</li></ul>9. Written undertakings and compliance ordersThe two processes are now separate. An employer opposes a written undertaking (s68(3) BCEA) with an answering affidavit under Rule 31(5). It objects to a compliance order in the way the BCEA provides, with a written notice of objection (Rule 31B(4)–(5)).10. Updated referral formsThe forms were revised as part of the same notice. Things to note on the new forms include:<ul><li>LRA Forms 7.11 and 7.13 point you to the WhatsApp Chatbot and cmsonline.</li><li>They ask whether you have access to an online facility such as Microsoft Teams, so that an online process can be scheduled.</li><li>The 7.11 reminds unions to attach the section 21 notice and registration certificate.</li><li>In discrimination disputes, the 7.11 asks what steps were taken to resolve the dispute internally, as section 10 of the Employment Equity Act requires.</li><li>The forms include a POPIA consent.</li></ul>Always download the current version from the CCMA before filing.11. Inquiry by arbitrator refunds and costs orders<ul><li>The section 188A inquiry fee is refunded only if the CCMA is told before the notice of inquiry goes out that the matter won't proceed. After the notice, there is no refund (Rule 34(6)–(6A)).</li><li>Costs orders for legal fees went up to R7 524 for the first day and R4 911,50 for each additional day (Rule 39(4)).</li></ul><h2>Representation: what changed, and what stayed the same</h2>What changedRule 25(1)(a)(ii) lists who may represent a party at conciliation.<ul><li>Old wording: "any member of that party's registered trade union or registered employers' organisation" (or an office bearer or official of the union, employers' organisation or a registered federation).</li><li>New wording: "any member authorised by that party's registered trade union or registered employers' organisation".</li></ul>In other words, being a member is no longer enough on its own. The member must be authorised by the union or employers' organisation to represent the party.This also applies at arbitration and con-arb. Rule 25(1)(b)(iii) allows anyone who may represent at conciliation to represent at arbitration, and Rule 17(5) applies the representation rules to con-arb.What this means in practiceIf you are represented by a member of an employers' organisation, or you represent through one, bring written authorisation from the organisation to every hearing, along with proof of membership. Commissioners can already demand documents such as constitutions, proof of membership and recognition agreements (Rule 25(4)). Expect authorisation to be one of the first things they ask for if representation is challenged. And remember the CCMA can't condone a failure to comply with Rule 25 (Rule 35(3), unchanged).What did not changeThe rest of Rule 25 is the same as in 2023:<ul><li>An employer may still be represented by its own director or employee, or a member or employee of a close corporation.</li><li>Legal practitioners and candidate attorneys may represent at arbitration. In dismissals for conduct or capacity, and in s69(5), s73 and s73A BCEA matters, they need consent from the commissioner and the other parties, or a ruling from the commissioner.</li><li>There is still no legal representation in section 189A facilitations.</li><li>Representatives who aren't lawyers may still not charge a fee.</li><li>A commissioner may still exclude an employers' organisation representative who joined the organisation just to appear at the CCMA (Rule 25(5)).</li><li>A party can still apply to be represented at arbitration by someone not on the list, under Rule 25(6). The same factors apply, including affordability and whether the proposed representative is subject to a professional body's oversight.</li></ul>Related changes on participation<ul><li>Joinder: the CCMA may not join a party who was not cited in the referral form. A referral form must first be served on that party and filed, with condonation if it is late (Rule 26(5)–(8)).</li><li>Substitution: now done by application under Rule 31, unless the CCMA or the commissioner directs otherwise.</li></ul><h2>Full list of changes, rule by rule</h2><h2>Part One – Serving and filing documents</h2>Rule 2 – Office hoursThe rule now only deals with office hours (08h30–16h30, Monday to Friday). The old sub-rules on filing by email and online at any time moved to Rule 7.Rule 3 – Calculating time periodsA new footnote makes it clear that Rule 3 does not apply to time periods in the employment statutes themselves. Those are calculated under section 4 of the Interpretation Act. The example given in the Rules is the time period to refer a dismissal dispute under section 191 of the LRA: it excludes the first day and includes the last, unless the last day is a Sunday or public holiday. (Note: under the Interpretation Act a Saturday does not push the deadline out, unlike under Rule 3.)Rule 5A – Notice of proceedingsNotice by SMS now expressly "may include a WhatsApp message".Rule 6(2) – Proof of serviceThe Electronic Communications and Transactions Act (ECTA) now expressly applies to notices sent by WhatsApp as well as SMS and email.Rule 7 – Filing documents<ul><li>New Rule 7(1)(d): documents can be filed through the CCMA's electronic referral platforms, and electronic signatures are valid if they comply with ECTA.</li><li>New Rule 7(1)(e): the platform option only applies to conciliation referrals (LRA Form 7.11), arbitration requests (LRA Form 7.13) and condonation applications.</li><li>New Rule 7(1)(f): email and platform filings can be made at any time, on any day (moved from the old Rule 2).</li></ul><h2>Part Two – Conciliation</h2>Rule 10 – Referring a dispute<ul><li>When not referring on the online platforms, section 21 (organisational rights) referrals must now include a letter showing the union complied with section 21(1) and (2).</li><li>The CCMA may refuse to process a section 21 referral if the union doesn't attach its written notice to the employer and its certificate of registration.</li><li>New Rule 10(4): the CCMA may assist a referring party to comply.</li></ul>Rule 11 – Notice of conciliationA shorter notice period is allowed if the parties agree or if reasonable circumstances "as determined by the Commission or commissioner" require it. (The same wording was added to Rule 21 for arbitration notices.)Rule 12 – Pre-conciliation"The Commission" now includes a designated and trained staff member, not only a commissioner, when contacting parties to try to settle before conciliation.Rule 16 – Confidentiality of conciliationConciliation may not be recorded in contravention of RICA and POPIA. In other words, secretly recording a conciliation is a problem.<h2>Part Three – Con-arb</h2>Rule 17 has been reworked to clear up when an LRA Form 7.13 is needed:<ul><li>17(2): a late objection to con-arb (less than 7 days before) is now possible if the objecting party shows good cause.</li><li>17(4)(c) and 17(6): if the arbitration starts and is then adjourned, the referring party does not need to file a 7.13.</li><li>17(4A): if a certificate is issued after the 30 days without any hearing having taken place, the referring party must file a 7.13.</li><li>17(4B): if a party objected to con-arb and the dispute stays unresolved (or the 30 days expire), the referring party must file a 7.13.</li><li>The old Rule 18(4), which said Rule 18 does not apply to con-arb, has been removed.</li></ul><h2>Part Four – Arbitration</h2>Rule 20 – Pre-arbitration conference<ul><li>20(1)(c): a pre-arb can be directed by the Provincial, Regional or Senior Commissioner, or the commissioner appointed to hear the matter.</li><li>20(3)(s): new item on AI (see above).</li><li>"Minute" is now "minutes of the pre-arbitration conference".</li></ul>Rule 21 – Notice of arbitrationSame "as determined by the Commission or commissioner" wording as Rule 11.<h2>Part Five – Rules for all processes</h2>Rule 24 – VenueThe venue "may include, but is not limited to" an online hearing. (The CCMA's advisory says the venue provisions were extended to cover higher-risk matters, but the wording change we could find in the Rule itself is this one.)Rule 25 – RepresentationAt conciliation, a member of a registered trade union or employers' organisation must now be a member authorised by that union or employers' organisation. Previously "any member" qualified. Because Rule 25(1)(b) refers back to this list, the same applies at arbitration. Employers using an employers' organisation member as a representative should make sure there is a proper authorisation.Rule 26 – Joinder and substitution<ul><li>New 26(5)–(8) on joinder (see the top 5 above).</li><li>Substitution must now be applied for in terms of Rule 31, unless the CCMA or commissioner directs otherwise.</li></ul>Rule 29 – Disclosure of documents<ul><li>Renamed: "Disclosure of documents or materials by the parties relating to the dispute".</li><li>New 29(1A): documents needed from a non-party must be requested by subpoena under Rule 37, not by a Rule 29 disclosure application. This is the CCMA clearing up the old confusion between disclosure and subpoenas.</li><li>29(5) now explains that section 16 disclosure disputes are for registered unions (or unions acting jointly) with majority membership in the workplace.</li></ul>Rule 30 – Non-attendance at arbitration"Remove the matter from the roll" changed to "dismiss the matter" where the referring party's absence is wilful, unexplained, or the explanation isn't accepted.<h2>Part Six – Applications</h2>Rule 31A – PicketingThe old requirement that the CCMA set down a picketing application within 2 days has been removed from the Rule.Rule 31B – Undertakings and compliance ordersThe two processes are now separated:<ul><li>Written undertakings (s68(3) BCEA): the employer opposes with an answering affidavit in terms of Rule 31(5).</li><li>Compliance orders (s69 BCEA): the employer objects in accordance with the BCEA by a written notice of objection.</li><li>"Third party" affidavits are now called "non-party" affidavits.</li></ul>Rule 31C – Re-enrolment: deletedThe whole re-enrolment procedure is gone, as is the old catch-all sub-rule allowing the CCMA to adopt any appropriate procedure where the Rules are silent.Rule 32 – Variation and rescissionThe 14-day time limit stays. The old Rule 32(2), which excluded removals from the roll from this Rule, has been deleted. Our reading: since matters are now dismissed rather than removed, a party wanting to revive a dismissed matter will have to look at rescission. Get advice on your specific case.Rule 33 – Referral of a dismissal dispute to the Labour Court (s191(6))The application must now address specific grounds: the reason for dismissal, any questions of law, the complexity of the dispute, whether there are conflicting arbitration awards, and the public interest. The decision-maker now includes the Acting Director or a duly appointed person.<h2>Part Seven – Inquiry by arbitrator (s188A)</h2>Rule 34 – Refunds<ul><li>The fee is refunded if the CCMA is told, before the notice of inquiry is issued, that the matter won't proceed.</li><li>New 34(6A): no refund if the matter does not proceed after the notice has been issued, at the instance of any party.</li></ul><h2>Part Eight – General</h2>Rule 36 – Recordings: the CCMA does not keep a record of conciliations and mediations.Rule 37 – Subpoenas: a subpoena can now cover documents and material where section 142(1) applies to non-parties. Documents from the other party still go through Rule 29.Rule 39 – Costs: R7 524 for day one and R4 911,50 per additional day (up from R7 000 and R4 700).Rule 40A – Arbitration fee: the fee is the one in the CCMA's Tariff of Fees "as gazetted" (previously "as gazetted annually").Rule 41 – Definitions: new definitions include Artificial Intelligence, the Commission's electronic referral platforms (WhatsApp Chatbot and cmsonline), Data Message, Digital Platform, Digitised Submission, Electronic Communication, Electronic Signature, Non-party, POPIA, RICA, Staff Member, Virtual Hearing and WhatsApp. "Director" now includes an Acting Director, and the Employment Services Act has been added to the list of employment laws.Updated referral forms: the CCMA has also revised its LRA forms. Make sure you use the latest versions from the CCMA.<h2>What employers should do now</h2><ol><li>Make sure your HR and IR people know that non-attendance at arbitration can now end in a dismissal of the matter.</li><li>Cite the right employer entity from the start. Fixing it later through joinder is now a longer process.</li><li>Check your representative's authority if you use an employers' organisation.</li><li>Have an AI policy for case preparation. If you use AI to draft documents or statements, expect it to come up at the pre-arbitration conference.</li><li>Keep an eye on WhatsApp. CCMA notices can now arrive there.</li></ol>The CCMA is running paid webinars on the amendments on 17 and 19 November 2026 (R450 per person). The webinar package includes the CCMA's electronic Rules and Referral Forms Amendments Resource Guide. Registration is on the CCMA website and its social media pages.This article is a summary for general information, based on the amended Rules and forms published in Government Gazette 55620 (23 October 2026) and the CCMA media and user advisory of the same date, compared with the Rules in Government Gazette 48445 (21 April 2023). It is not legal advice. Always check the Rules themselves for your matter.