No.5 LABOUR AMENDMENT (8) An administrator appointed in terms of subsection (7) shall administer the affairs of the trade union, employers organization or federation concerned in such a manner as to rectify the matters for the rectification of which he or she was appointed and, in so doing, may, by notice in writing prohibit any person who is or has been an office-bearer or employee of the trade union, employers organization or federation from(a) expending, disposing of or in any way dealing with any property of the trade union, employers organization or federation; or (b) operating any account with any bank, building society or other financial institution on behalf of the trade union, employers organization or federation: Provided that the administrator shall authorize any transaction or expenditure which he is satisfied forms part of the ordinary and lawful course of business of the trade union, employers organization or federation. (9) If after due investigation an administrator appointed in terms of subsection (7) finds sufficient evidence on a balance of probabilities that any person who is or has been an office-bearer or employee of the trade union, employers organization or federation has misappropriated any property of the trade union, employers organization or federation, the administrator may(a) (b) make an arrrdavtt to that effect.incorporating, referring to or annexing thereto any evidence so found; and lodge, on due notice to the office-bearer or employee or former officebearer or employee concerned C'the respondent"), an application to the Labour Court, together with the affidavit, for an order directing the respondent by a certain day (the "restitution day") not being earlier than thirty days from the date that the application is set down to for hearing (the "return day" of the application) to refund or return to such trade union, employers organization or federation any property which the respondent has misappropriated from such tracIe union, employers organization or federation. (l0) If, on the return day of the application, the respondent makes no appearance or, after a hearing, the Labour Court grants the application for the order with or without amendment, the administrator shall. if the respondent does not comply fully or at all with the order by the restitution day, submit the order for registration to whichever court would have had jurisdiction to make such an order had the matter been determined by it, and thereupon the order shall have effect, for purposes of enforcement, of a civil judgment of the appropriate court. (11) For the purposes of subsection (9), "misappropriate" in relation to the property or moneys of the trade union, employers organization or federation under administration includes doing either or both of the following in defiance of a notice referred to in subsection (S}- (a) expending or disposing of the property of the trade union, employers organization or federation; or (b) withdrawing moneys from any account with any bank, building society or other financial institution operated on behalf of the trade union, employers organization or federation: (12) Any person who- (a) makes any false representation to. or otherwise wilfully hinders or obstructs an investigator or administrator in the exercise of his or her functions under this section; or 130 2015