Presenting A Case Before The CCMA
Techniques and skills for presenting a case
In the Bafokeng Rasimone Platinum Mine v CCMA & Others, Musi J makes the point that a large corporation “is expected to be able to equip its representatives with enough resources to enable them to conduct its arbitrations properly or to ensure that it is represented by people who are sufficiently competent to do so.”
Parties who have adequately prepared to present their case have a greater chances of success in the CCMA or any forum. In this eLearning module we begin with getting the learner acquainted with the CCMA, its processes and mandate. We move through the chain until we get to arbitration.
Timely preparation also provides one with the opportunity to properly consider the issue of merits. If a party has poor merits, i.e. little prospects of success, they should either withdraw their case or propose settlement. The earlier settlement is achieved, the more the savings in terms of time and resources.
A good litigator is prepared for anything. We cover preliminary points raised at the commencement of proceedings, e.g. jurisdictional points, point in limine, postponements, etc.
This eLearning module covers all 6 stages of an arbitration hearing. Focusing on the areas where people have the most challenges, i.e. presenting of oral evidence and cross-examination.
Cross-examination is perhaps one of the challenging tasks for inexperienced litigants or representatives.
Cross-examination has been described as “driving a flock of sheep down a fenced path which has numerous open side gates. The advocate must arrive at the end of the path with all the sheep in his possession and allow none of them to escape through one of the side gates. It is a difficult task and one that should be undertaken only if there is no other alternative.” Leonard E Davis
In our eLearning module, we look at various videos of cross examination and we discuss the techniques. Adv Gerrie Nel made effective use of cross-examination in S v Oscar Pretorius.
Arbitration hearings in South Africa are meant to be informal and more accessible than court processes or trials but often they are conducted like trials especially if attorneys are involved in the process.
Weaknesses are inherent problems in any case. These problems arise regardless of what the opponent does. Accordingly, you need to know them and prepare for them. We give tips on how to go about this task.
The techniques learnt on this module will be useful for any case presentation.