Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationRules for the Conduct of Proceedings before the CCMA, 2023Part Five: Rules that apply to Conciliations, Arbitrations, Con-Arbs and other processes29. Disclosure of documents or material related to the dispute |
| (1) | At any time after the certificate of outcome is issued or the expiry of the 30-day conciliation period, but not less than fourteen (14) days prior to the hearing date, either party may, on application, request the other party to disclose any documents or material relevant to the dispute. |
| (2) | Subject to Rule 31(5)(a) and (b), the party to whom the application is made must respond to the application within five (5) days from the date on which the application was received. The party initiating the application may deliver a replying written statement or affidavit within three (3) days from the day on which any answering written statement or affidavit was served on it. |
| (3) | A commissioner may either before or during the proceedings at the commissioner's own accord, or on application, make an order as to the disclosure of relevant documents or material relevant to the dispute. |
| (4) | Notwithstanding the above, the parties may agree on the disclosure of documents or materials relevant to the dispute. |
| (5) | This Rule is to be distinguished from disclosure of information disputes in terms of section 16 of the Act. |