The Supreme Court has held that legal representation could be limited in front of the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA received over 150,000 referrals in 2010/11 of which 80 per cent related to employment. The issue is being portrayed by supporters of the Supreme Court decision as 'an effort by attorneys to create more work opportunities for themselves', according to Business Day Live.

Legal certainty

Busani Mabunda, president of the law society, said: 'We resolved to apply for leave to appeal to the Constitutional Court in order for it to bring legal certainty and clarity on the issue.' In the Republic of Ireland, mediation has shifted from being a non-legal arena in the 1980s to one where  lawyer-driven mediation 'is the only kind people are likely to be offered if they enter mediation on legal advice', according to solicitor/mediator Michael Williams.