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Labour Relations Act, 1995 (Act No. 66 of 1995)

Commission for Conciliation, Mediation and Arbitration

Rules for the Conduct of Proceedings before the CCMA, 2023

Part Five: Rules that apply to Conciliations, Arbitrations, Con-Arbs and other processes

26. How to join or substitute parties to proceedings

 

(1) The Commission or a commissioner may, at any stage prior to the conclusion of an arbitration or hearing, make an order joining any number of persons as parties in the proceedings if:
(a) the right of the referring party to relief depends on substantially the same question of law or fact, which, if a dispute were to be referred separately against the person sought to be joined, it would arise in a separate claim; or
(b) the party to be joined has a substantial interest in the subject matter of the proceedings; or
(c) the party to be joined may be prejudicially affected by the outcome of the proceedings.

 

(2) A Commission or a commissioner may make an order in terms of sub-rule (1)—
(a) on own accord;
(b) on application by a party; or
(c) if a person entitled to join the proceedings applies at any time during the proceedings to intervene as a party.

 

(3) An application in terms of this Rule must be made in terms of Rule 31.

 

(4) When making an order in terms of sub-rule (1), a commissioner may—
(a) give appropriate directions as to the further procedure in the proceedings; and
(b) make an order of costs in accordance with these Rules.

 

(5) If in any proceedings it becomes necessary to substitute a person for an existing party, any party to the proceedings may apply to the Commission for an order substituting that party for an existing party, and a commissioner may make such order or give appropriate directions as to the further procedure in the proceedings.

 

(6) An application to join any person as a party to proceedings or to be substituted for an existing party must be accompanied by copies of all documents previously delivered, including the referral form, unless the person concerned or that person's representative is already in possession of the documents. The application may be made at any stage prior to the conclusion of an arbitration hearing.

 

(7) Subject to any order made in terms of sub-rules (4) and (5), a joinder or substitution in terms of this Rule does not affect any steps already taken in the proceedings.