MRL3702
ASSIGNMENT 1
DUE DATE: AUGUST 2026
, MRL3702 ASSIGNMENT 1 2026
DUE AUGUST 2026
Study the case of Mmakau v Commission for Conciliation, Mediation and
Arbitration and Others (JR2733/2021) [2026] ZALCJHB 14 (23 January 2026) and
answer the questions that follow.
• Summary of facts •
• Issue(s) in dispute
• Court order
• State the principle(s) applied in this case to resolve the issue(s) in dispute and why
such principle(s) are important.
1. SUMMARY OF FACTS
Justice Mmakau, a security guard who stutters, was moved from a client-facing position
to another location.¹ He alleged unfair discrimination based on disability. At the CCMA
arbitration, the employer conceded that if the move was motivated by the disability,
discrimination would be established. The commissioner, however, found that the
employee failed to prove the move was disability-based and dismissed the referral.²
¹ Mmakau v CCMA & Others (JR2733/2021) [2026] ZALCJHB 14 para 2.
² Ibid paras 3-4.
ASSIGNMENT 1
DUE DATE: AUGUST 2026
, MRL3702 ASSIGNMENT 1 2026
DUE AUGUST 2026
Study the case of Mmakau v Commission for Conciliation, Mediation and
Arbitration and Others (JR2733/2021) [2026] ZALCJHB 14 (23 January 2026) and
answer the questions that follow.
• Summary of facts •
• Issue(s) in dispute
• Court order
• State the principle(s) applied in this case to resolve the issue(s) in dispute and why
such principle(s) are important.
1. SUMMARY OF FACTS
Justice Mmakau, a security guard who stutters, was moved from a client-facing position
to another location.¹ He alleged unfair discrimination based on disability. At the CCMA
arbitration, the employer conceded that if the move was motivated by the disability,
discrimination would be established. The commissioner, however, found that the
employee failed to prove the move was disability-based and dismissed the referral.²
¹ Mmakau v CCMA & Others (JR2733/2021) [2026] ZALCJHB 14 para 2.
² Ibid paras 3-4.
