Understanding Rule 31 of the CCMA Rules and Lodging Applications

Rule 31 of the CCMA Rules governs how to bring a procedural application during CCMA dispute-resolution proceedings under the Labour Relations Act 66 of 1995 — covering condonation, joinder, substitution, variation, rescission, postponement, jurisdictional disputes, and other preliminary or interlocutory applications. A Rule 31 application must be brought on notice at least 14 days before the hearing, supported by an affidavit, served on the other party, and filed at the CCMA office handling the underlying dispute. The current consolidated CCMA Rules were published in 2023 (Government Notice R3318 in Government Gazette 48456), and the amendments expressly accommodated electronic filing and service via the CCMA’s e-CCMA platform. A related subroute, sometimes referred to as Rule 31B, allows a party to apply to convert an arbitration award into a compliance order where the award has not been complied with.

What Rule 31 Covers and Why It Exists

Rule 31 sits inside the CCMA’s procedural framework for dispute resolution under the Labour Relations Act 66 of 1995. It does not deal with the underlying merits of the dispute. It governs the procedural applications made to the CCMA during proceedings — applications that are themselves the subject of a decision by a commissioner.

Rule 31 of the consolidated CCMA Rules is headed “How to bring an application” and lists the categories of applications it covers:

• Application for condonation (for late filing);
• Application for joinder, substitution, variation, or rescission;
• Application for postponement of a hearing;
• Application in a jurisdictional dispute; and
• Any other preliminary or interlocutory application.

In practice, the most common interlocutory applications brought under Rule 31 include condonation for late filing, postponement of a hearing, recusal of a commissioner, default order against an absent party, and disclosure of documents.

A related subroute — variously referred to as Rule 31B in commentary on the consolidated Rules — allows a party to apply to convert an arbitration award into a compliance order where the award has not been complied with. Once granted, the compliance order is enforced as if it were an order of the Labour Court.

How Rule 31 Differs from Other CCMA Filings

A Rule 31 application is procedural. It asks the CCMA to make a ruling on a specific procedural question during the dispute — typically whether to forgive a late step, postpone a hearing, recuse a commissioner, enter a default order, or order disclosure.

It is distinct from:

• The underlying referral of the dispute itself (Form 7.11 under the LRA), which opens the proceedings;
• The answering affidavit on the merits of the dispute, which deals with substantive issues; and
• Ordinary correspondence with the CCMA, which does not trigger a commissioner’s decision.

Because Rule 31 applications ask the commissioner to make a ruling, the form, content, and timing requirements are stricter than for ordinary correspondence. Cutting corners on the form or the supporting affidavit typically results in the application being dismissed on papers without a hearing.

The Requirements: Form, Affidavit, Service, Filing

Every Rule 31 application must satisfy four cumulative requirements:

Requirement	What it means
Form and notice	The application must be brought on the prescribed CCMA notice of application, properly identified with the case number, parties, and the relief sought. The notice must state that any party opposing the matter must deliver a notice of opposition and answering affidavit within five days of service, and that the application may be heard in the absence of a party that does not comply.
Supporting affidavit	The application must be supported by an affidavit setting out the factual and legal grounds for the order being sought. A schedule listing the documents that are material and relevant to the application must be included.
Service on the other party	The application and supporting affidavit must be served on every other party with an interest in the matter. Proof of service (a signed return indicating how, when, and on whom service was effected) must be recorded and filed.
Filing at the CCMA	The application, affidavit, and proof of service must be filed at the CCMA office handling the underlying dispute. Under the 2023 amendments, electronic filing via the CCMA’s e-CCMA platform is expressly accommodated.

The substantive rule is the same in every province; what changes is the office, the filing platform, and the local scheduling timelines.

Step-by-Step: How to Lodge a Rule 31 Application

1. Identify the procedural step you need. Confirm that the relief you are seeking falls under Rule 31 — condonation, postponement, recusal, default, disclosure, or another preliminary or interlocutory application. If you are converting an arbitration award into a compliance order, that is the Rule 31B subroute.
2. Draft the application on the prescribed form. Identify the parties, the underlying dispute (with the CCMA case number if available), the relief sought, and the address at which you will accept delivery of documents. Include the schedule of material and relevant documents.
3. Prepare a supporting affidavit. The affidavit sets out the factual and legal grounds for the order being sought. Attach any supporting documents. The affidavit must be signed in accordance with Rule 4 of the CCMA Rules, which governs the form of affidavits generally.
4. Serve the application and affidavit on the other party. Service must be effected on every person with an interest in the application. Record proof of service — how, when, and on whom service was effected — and obtain the signed proof of service from the person who served the documents.
5. File the application at the CCMA office handling the dispute. File the application, supporting affidavit, and proof of service at the relevant CCMA office — electronically via e-CCMA, or in person. The application must be brought at least 14 days before the date of the hearing, unless treated as an urgent application under the urgency exception in Rule 31.
6. Attend the hearing or await the commissioner’s ruling. Rule 31 applications are typically decided on the papers, but may be set down for a short hearing. The opposing party may file an answering affidavit within five days of service and a replying affidavit within three days of the answering affidavit. The commissioner has a general discretion to determine applications in any manner deemed fit.

For parties represented by a specialist, the procedural detail is where most Rule 31 applications are won or lost — a properly motivated application, supported by an affidavit that addresses both facts and law, routinely outpaces a hastily drafted one even where the underlying relief is reasonable.

Rule 31B: Applying for a Compliance Order

Where a party has obtained an arbitration award and the other side has not complied with it, Rule 31B provides a route to convert that award into a compliance order.

The application is brought on the prescribed form, supported by an affidavit confirming:

• The arbitration award made in the matter;
• The non-compliance with the award; and
• The relief sought — conversion of the award into a compliance order.

Once granted, the compliance order is enforced as if it were an order of the Labour Court. This is the practical lever a winning party has when an employer or employee refuses to honour an arbitration award — it converts a private arbitration outcome into a Court-equivalent instrument that can be executed.

The 2023 Amendments and What Changed

The 2023 amendments to the CCMA Rules (Government Notice R3318 in Government Gazette 48456) updated the procedural-application layer. The key changes for Rule 31 applications are:

• Electronic filing. Electronic filing via the CCMA’s e-CCMA platform is now expressly accommodated. Practitioners and parties file the application, affidavit, and proof of service electronically rather than only in person.
• Electronic service. The amendments accommodate electronic service on the other party, in addition to the traditional methods.
• Adjusted timelines. Some timelines for filing and service were adjusted under the 2023 amendments. Practitioners should confirm the current deadlines against the gazetted text rather than relying on older summaries.

For a firm-acting party, the 2023 changes have made electronic filing a primary route rather than an exception. For self-represented parties, the gazetted text remains the authoritative reference — older summaries do not always reflect the latest procedural layer.

What Happens After a Rule 31 Application Is Filed

Once filed, the application follows a predictable pathway:

1. The CCMA will schedule the application for hearing or determine it on the papers.
2. The other party has the right to file a notice of opposition and an answering affidavit (within five days of service) and to be heard on the application.
3. The commissioner may grant, dismiss, or vary the order sought, with reasons typically recorded on the file.
4. A refusal of a Rule 31 application does not usually close off the underlying dispute — it is a procedural ruling on the specific application, not a ruling on the merits of the dispute itself.

The commissioner has a general discretion to determine applications in any manner deemed fit, which means the form of hearing can vary — from a settled-on-paper determination to a short oral hearing.

Frequently Asked Questions

What kinds of applications can be brought under Rule 31 of the CCMA Rules?

Rule 31 covers procedural applications made during CCMA proceedings — including applications for condonation (for late filing), joinder, substitution, variation, rescission, postponement, applications in jurisdictional disputes, and any other preliminary or interlocutory application. The most commonly invoked applications in practice are condonation, postponement, recusal of a commissioner, default order against an absent party, and disclosure of documents. Rule 31B specifically allows a party to apply to convert an arbitration award into a compliance order where the award has not been complied with.

Does a Rule 31 application require a supporting affidavit?

Yes — Rule 31 requires the application to be supported by an affidavit setting out the factual and legal grounds for the order being sought. The affidavit, together with the prescribed form and proof of service, must be filed at the CCMA office handling the underlying dispute. The notice of application must also include a schedule listing the documents that are material and relevant to the application.

Where do I file a Rule 31 application?

The application is filed at the CCMA office handling the underlying dispute — usually the office covering the area where the employer operates or where the dispute arose. In Gauteng, this is typically the Johannesburg, Pretoria, or East Rand office. Under the 2023 amendments, electronic filing via the CCMA’s e-CCMA platform is expressly accommodated.

What is the difference between Rule 31 and Rule 31B?

Rule 31 is the general procedural-application rule covering condonation, postponement, recusal, default, and disclosure. Rule 31B is a specific subroute that allows a party to apply to convert an arbitration award into a compliance order when the other side has not complied with the award — once granted, the compliance order is enforced as if it were an order of the Labour Court.

Can a Rule 31 application be brought electronically?

Yes — under the 2023 amendments to the CCMA Rules, electronic filing and electronic service are now expressly accommodated. The CCMA’s e-CCMA platform is the primary digital route, and the current gazetted text should be consulted for the exact requirements.

What happens if the other side opposes my Rule 31 application?

The other party may file a notice of opposition and an answering affidavit (within five days of service) and may be heard at the hearing. The commissioner will then decide whether to grant, dismiss, or vary the order sought, with reasons recorded on the file. A refusal does not usually close off the underlying dispute — it is a procedural ruling on the specific application, not on the merits of the dispute itself.

If you need to bring or respond to a Rule 31 application at the CCMA — whether for condonation, postponement, recusal, default, disclosure, or a Rule 31B compliance order — Burger Huyser Attorneys’ Labour Law team can help. The firm acts for both employers and employees in CCMA disputes, with files run by Specialist Consultant Marius Ferreira and supported across its Gauteng branches. Contact the head office in Linden on 011 888 0246, or the branch closest to the underlying CCMA matter — Sandton (011 253 3080), Centurion (012 644 4990), or Pretoria (012 471 5700). The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and won Best Criminal & Family Law Specialists 2025 at the MEA Business Awards.