Legal Aid SA faces possible protected strike after CCMA deadlock with SALAWU over retirement policy

CCMA issues certificate of non-resolution as labour dispute escalates

Legal Aid SA is confronting the possibility of protected strike action after the Commission for Conciliation, Mediation and Arbitration (CCMA) issued a certificate of non-resolution in a dispute with the South African Legal Aid Workers Union (SALAWU) over retirement policies and wider workplace grievances.

What triggered the dispute

The conflict began over retirement-age policies and has expanded to include concerns about salaries, staffing levels, governance and labour relations. SALAWU says Legal Aid SA unilaterally enforced retirement at age 60 after employees had been led to believe amended human resources policies would raise the retirement age to 65. The union also complained that some employees turning 60 received retirement notices in January and were allegedly not paid on the normal salary payment date.

Union statement and documents

“we emphatically state that we did not know where this came from and the same was never communicated, discussed and or agreed to by the employer and SALAWU. We view this conduct by the employer as the gross violation and unilateral change of employees’ conditions and terms of employment.”

According to IOL, a letter to members of the union in IOL’s possession urged action, saying: “The time has come to roll up our sleeve [sic], confront all those stands against interests of employees, and break loose the shackles unleashed on employees directly or indirectly by the above-mentioned institutions and management to a certain extent.”

Scale and limits of planned action

According to IOL, signed picketing rules obtained by the newsroom outline potential protest sites including Legal Aid offices nationwide, magistrates’ courts, high courts, Parliament in Cape Town and the Department of Justice and Constitutional Development’s head office in Pretoria. The rules, in IOL’s possession, specifically identify courts and offices in Johannesburg, Pretoria, Durban, Polokwane, Cape Town, Kimberley, Mthatha, Mahikeng, George and other centres.

The CCMA requires the union to give at least 48 hours’ notice before any protected strike action may begin. The picketing rules place strict conditions on demonstrations: pickets must occur on pavements outside designated buildings, may not block entrances or exits, and must not intimidate, use violence, carry dangerous weapons, or obstruct access to workplaces and courts. The rules permit placards, chants, pamphlet distribution and singing or dancing. A maximum of 500 employees may picket at Legal Aid House in Braamfontein at any time, and up to 80 employees may picket outside local Legal Aid offices. For Legal Aid House, picketing is restricted to the pavement outside the building; protesters are barred from blocking entrances or holding demonstrations inside the premises.

Responses from Legal Aid SA

Legal Aid SA disputes the union’s account. The organisation says the retirement age of 60 was formally approved by the board in 2018 and later approved by the ministers of justice and finance in 2020 after consultation processes with employees. It also said employees due for retirement may apply for an extension of employment on a year-to-year basis, with applications considered on their merits.

The body said five employees retired in January 2026 and a further 25 employees are expected to retire before the end of the current financial year. Legal Aid SA also rejected claims that salaries were withheld, stating that affected employees were paid on 30 January 2026 in line with policy because salaries are normally paid in advance.

Legal Aid SA said it has engaged with SALAWU and attributed missed meetings to the union. The organisation said further discussions are scheduled for 29 May 2026 and expressed confidence the matter can be resolved through continued engagement. It also said contingency plans are being prepared to minimise disruption and that it does not foresee severe operational disruptions at this stage, with judicare practitioners available where necessary.

Next steps and possible impact

The CCMA certificate of non-resolution was issued after conciliation efforts failed earlier this month, formally opening the door for protected strike action under the Labour Relations Act. If SALAWU proceeds, the union must provide at least 48 hours’ notice before striking. The signed picketing rules obtained by IOL indicate potential nationwide action but place clear limits intended to protect access to courts and Legal Aid services.

Why it matters

Legal Aid SA is a statutory body established under the Legal Aid South Africa Act of 2014 to provide legal representation and assistance to indigent and vulnerable people. Any industrial action by its staff could have implications for access to justice for those who rely on the organisation’s services, though Legal Aid SA says contingency measures are in place.