cross examination

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South Africa’s Constitution gives all accused persons the right to defend themselves. Cross examination is a key tool used for this purpose. It is used universally in courts and tribunals and gives an accused the opportunity to challenge his/her accusers.


This week Ivan Israelstam expresses his interpretation of Code of Good Conduct: Dismissal; that is: Schedule 8 of the Labour Relations Act (LRA). While cross examination is a constitutional right afforded to accused persons in courts of law, and extended to bargaining council and Commission for the Conciliation Mediation and Arbitration (CCMA) arbitrations, it is not clear whether this right extends to disciplinary hearings. Ivan explains his view of whether the Code provides for cross examination at disciplinary hearings.  

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