In Commission for Conciliation, Mediation and Arbitration and Others v Law Society of the Northern Provinces (Incorporated as the Law Society of Transvaal) [2013] 11 BLLR 1057 (SCA) the Supreme Court of Appeal (SCA) considered the constitutionality of r 25(1)(c) of the rules for the conduct of proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) (the rule) that limits the right of appearance by legal practitioners in CCMA arbitrations concerning dismissals for misconduct or incapacity. In terms of this rule commissioners may exercise their discretion and permit legal representation at an arbitration on specified grounds.