MRL3702
ASSIGNMENT 1 SEMESTER 2 2026
UNIQUE NO.
DUE DATE: 2026
, MRL3702 ASSIGNMENT 1 SEMESTER 2 2026
Case Study: Mmakau v Commission for Conciliation, Mediation and Arbitration
and Others (JR2733/2021) [2026] ZALCJHB 14 (23 January 2026)
Summary of facts (2 marks)
Justice Mmakau was employed as a security guard by Mantis Security (Pty) Ltd. He has
a speech disability (a stutter) and was initially stationed in a position where he
interacted with the public. The employer transferred him to another site, and Mmakau
alleged that the transfer was solely because of his disability, amounting to unfair
discrimination under the Employment Equity Act (EEA). The CCMA dismissed his claim,
finding that he had failed to prove discrimination. Mmakau then applied to the Labour
Court to review the arbitration award.
Issue(s) in dispute (2 marks)
The main issue before the Labour Court was whether the employer unfairly
discriminated against Mmakau by transferring him because of his disability (his stutter).
A further issue was whether the CCMA commissioner committed a reviewable
irregularity by failing to properly evaluate the evidence and reaching an unreasonable
decision.
Court order (2 marks)
The Labour Court reviewed and set aside the CCMA arbitration award. It substituted the
award with an order directing Mantis Security (Pty) Ltd to pay Mmakau compensation
equal to four months' salary (R24 640). The court also ordered that each party bear its
own costs.
Principle(s) applied and importance (4 marks)
The court applied the principle that employees are protected from unfair
discrimination on the ground of disability under the Employment Equity Act 55 of
1998. It also applied the principle that a Labour Court may review and set aside a
CCMA arbitration award where the commissioner fails to properly assess the evidence,
resulting in an unreasonable outcome. Furthermore, under section 50(2)(a) of the EEA,
ASSIGNMENT 1 SEMESTER 2 2026
UNIQUE NO.
DUE DATE: 2026
, MRL3702 ASSIGNMENT 1 SEMESTER 2 2026
Case Study: Mmakau v Commission for Conciliation, Mediation and Arbitration
and Others (JR2733/2021) [2026] ZALCJHB 14 (23 January 2026)
Summary of facts (2 marks)
Justice Mmakau was employed as a security guard by Mantis Security (Pty) Ltd. He has
a speech disability (a stutter) and was initially stationed in a position where he
interacted with the public. The employer transferred him to another site, and Mmakau
alleged that the transfer was solely because of his disability, amounting to unfair
discrimination under the Employment Equity Act (EEA). The CCMA dismissed his claim,
finding that he had failed to prove discrimination. Mmakau then applied to the Labour
Court to review the arbitration award.
Issue(s) in dispute (2 marks)
The main issue before the Labour Court was whether the employer unfairly
discriminated against Mmakau by transferring him because of his disability (his stutter).
A further issue was whether the CCMA commissioner committed a reviewable
irregularity by failing to properly evaluate the evidence and reaching an unreasonable
decision.
Court order (2 marks)
The Labour Court reviewed and set aside the CCMA arbitration award. It substituted the
award with an order directing Mantis Security (Pty) Ltd to pay Mmakau compensation
equal to four months' salary (R24 640). The court also ordered that each party bear its
own costs.
Principle(s) applied and importance (4 marks)
The court applied the principle that employees are protected from unfair
discrimination on the ground of disability under the Employment Equity Act 55 of
1998. It also applied the principle that a Labour Court may review and set aside a
CCMA arbitration award where the commissioner fails to properly assess the evidence,
resulting in an unreasonable outcome. Furthermore, under section 50(2)(a) of the EEA,
