No.5 LABOUR AMENDMENT (b) shall, in relation to an employment council, its premises and its employees, have the powers of an investigator referred to in section 120(2) (7) Where the Minister accepts a recommendation made in terms of subsection (4) that the affairs of the employment council be administered. he or she shall make application to the Labour Court to appoint an administrator and such assistants as the administrator may require, to administer the affairs of the employment council in respect of which the recommendation was made: Provided that(a) an administrator may not be appointed for more than six months: (b) pending determination by the Labour Court of an application to appoint an administrator, the Minister may appoint a provisional administrator who shall exercise all the powers of a substantive administrator until the provisional administrator's appointment is confirmed by the Labour Court or some other person is appointed with the leave of the Court as substantive administrator; (c) if the Labour Court refuses an application to appoint an administrator or confirm the appointment of a provisional administrator, the refusal of the application shall not affect the validity of anything done by the provisional administrator in good faith pursuant to this section before the date of such refusaL (8) An administrator appointed in terms of subsection (7) shall administer the affairs of the employment council 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 employee of the employment council from- (a) expending, disposing of or in any way dealing with any property of the employment council; or (b) operating any account with any bank. building society or other financial institution on behalf of the employment council: Provided that the administrator shall authorize any transaction or expenditure which he or she is satisfied forms part of the ordinary and lawful course of business of the employment counciL (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 employee of the employment council has misappropriated any property of the employment council, the administrator may- (a) make an affidavit to that effect incorporating, referring to or annexing thereto any evidence so found; and (b) lodge, on due notice to the employee or former employee concerned ("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 126 2015