MRL3702
Assignment 1
Semester 2
DUE : 14 AUGUST 2026
, MRL3701: ASSIGNMENT 01 (SEMESTER 2)
Mmakau v Commission for Conciliation, Mediation and Arbitration and Others
(JR2733/2021) [2026] ZALCJHB 14 (23 January 2026)
1. Summary of facts
The applicant, Mr Mmakau, is a stutterer employed by the third respondent, Mantis
Security (Pty) Ltd, as a security guard. 1 He was placed at a client's premises where
he interacted with members of the public, as is customary in the security industry. He
alleged that his employer later moved him to a different location because of his
disability, and referred an unfair discrimination dispute to the CCMA in terms of the
Employment Equity Act 55 of 1998 ("EEA"). 2
2. Issue(s) in dispute
The employer conceded before the commissioner that unfair discrimination would be
established if it could be shown that the decision to move the applicant was
motivated by his disability. The dispute therefore turned on a factual question: was
the move motivated by the applicant's disability, or by some other, legitimate
reason?3 A second issue arose once the review succeeded, namely what
compensation would be "just and equitable" under section 50(2)(a) of the EEA. 4
3. Court order
The Labour Court held that a proper case for review had been made out, since the
commissioner had not properly dealt with the evidence before him. 5 The arbitration
award was reviewed and set aside, and substituted with an order awarding the
applicant compensation equal to four times his monthly remuneration of R6 160.00,
amounting to R24 640.00. No order was made as to costs. 6
4. Principle(s) applied and their importance
First, the court applied the ordinary review standard applicable to CCMA arbitration
awards: an award may be reviewed and set aside where the commissioner fails to
1
Mmakau v CCMA and Others (JR2733/2021) [2026] ZALCJHB 14 (23 January 2026) para 2.
2
Para 1, read with the Employment Equity Act 55 of 1998.
3
Para 3.
4
Para 6, read with s 50(2)(a) of the EEA.
5
Paras 4–5.
6
Para 7 (Order).
Assignment 1
Semester 2
DUE : 14 AUGUST 2026
, MRL3701: ASSIGNMENT 01 (SEMESTER 2)
Mmakau v Commission for Conciliation, Mediation and Arbitration and Others
(JR2733/2021) [2026] ZALCJHB 14 (23 January 2026)
1. Summary of facts
The applicant, Mr Mmakau, is a stutterer employed by the third respondent, Mantis
Security (Pty) Ltd, as a security guard. 1 He was placed at a client's premises where
he interacted with members of the public, as is customary in the security industry. He
alleged that his employer later moved him to a different location because of his
disability, and referred an unfair discrimination dispute to the CCMA in terms of the
Employment Equity Act 55 of 1998 ("EEA"). 2
2. Issue(s) in dispute
The employer conceded before the commissioner that unfair discrimination would be
established if it could be shown that the decision to move the applicant was
motivated by his disability. The dispute therefore turned on a factual question: was
the move motivated by the applicant's disability, or by some other, legitimate
reason?3 A second issue arose once the review succeeded, namely what
compensation would be "just and equitable" under section 50(2)(a) of the EEA. 4
3. Court order
The Labour Court held that a proper case for review had been made out, since the
commissioner had not properly dealt with the evidence before him. 5 The arbitration
award was reviewed and set aside, and substituted with an order awarding the
applicant compensation equal to four times his monthly remuneration of R6 160.00,
amounting to R24 640.00. No order was made as to costs. 6
4. Principle(s) applied and their importance
First, the court applied the ordinary review standard applicable to CCMA arbitration
awards: an award may be reviewed and set aside where the commissioner fails to
1
Mmakau v CCMA and Others (JR2733/2021) [2026] ZALCJHB 14 (23 January 2026) para 2.
2
Para 1, read with the Employment Equity Act 55 of 1998.
3
Para 3.
4
Para 6, read with s 50(2)(a) of the EEA.
5
Paras 4–5.
6
Para 7 (Order).
