LABOUR ACT [Chapter 28:01] (as amended)
(e)
the records to be kept in respect of an employment agency.
PART XV
GENERAL
120 Investigation of trade unions and
employers organizations
(1) If the Minister has reasonable cause to believe that the property or funds of any trade union,
employers organization or federation are being
misappropriated or misapplied, or that the affairs
of any trade union, employers organization or
federation are being conducted in a manner that is
detrimental to the interests of its members as a
whole, the Minister may order that such trade
union, employers organization or federation be
investigated.
(2) For the purpose of any investigation referred
to in subsection (1), the Minister shall appoint in
writing an investigator who shall, at all reasonable
times and without prior notice, have power—
(a) to enter any premises; and
(b) to question any person employed on the
premises; and
(c) to inspect and make copies of and take
extracts from any books, records or other
documents on the premises;
connected with or related to the trade union,
employers organization or federation under investigation.
(3) An investigator appointed in terms of subsection (2) shall report the results of his investigation to the Minister as soon as practicable and, in
so doing, may recommend, having regard to all
the circumstances of the case, that—
(a) in the case of an unregistered trade union,
employers organization, or federation such
trade union or employers organization or
federation be wound up; or
(b) in the case of a registered trade union,
employers organization or registered federation such trade union, employers organization or federation—
(i) be de-registered and wound up; or
(ii) be administered in terms of subsection
(7).
(4) During the period of investigation of a trade
union, employers organization or federation no
person who is or has been an office-bearer of the
trade union, employers organization or federation
concerned shall, without the consent of the investigator, in any way expend or dispose of any
property of the trade union, employers organization or federation concerned.
(5) An investigator shall not refuse to grant
consent in terms of subsection (4) in respect of any
expenditure or disposal which is in the ordinary
and lawful course of business of the trade union, or
employers organization or federation concerned.
(6) Where the Minister accepts a recommendation made in terms of paragraph (a) or subparagraph (i) of paragraph (b) of subsection (3), he
shall—
Re-issue
(a)
in the case of an unregistered trade union,
employers organization or federation make
application to the High Court; or
(b) in the case of a registered trade union,
employers organization or federation make
application to the Labour Court;
for the trade union, employers organization or
federation concerned to be wound up in terms of
its constitution.
(7) Where the Minister accepts a recommendation made in terms of subparagraph (ii) of paragraph (b) of subsection (3), he 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
trade union, employers organization or federation
in respect of which the recommendation was
made:
Provided that an administrator may not be appointed for more than six months or until the next
annual general meeting of the trade union, employers organization or federation concerned
whichever is the later.
(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 was
appointed and, in so doing, may make an order—
(a) prohibiting any person who is or has been an
office-bearer of the trade union, employers
organization or federation concerned from—
(i) expending, disposing of or in any way
dealing with any property of the trade
union, employers organization or federation concerned; or
(ii) operating any account with any bank,
building society or other financial institution on behalf of the trade union, employers organization or federation
concerned:
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 concerned;
(b) directing any person who is or has been an
office-bearer of the trade union, employers
organization or federation concerned to refund or return to such trade union, or employers organization or federation any
property which he has misappropriated from
such trade union, employers organization or
federation.
(9) The administrator shall submit for registration any order made in terms of subsection (8) to
whichever court would have had jurisdiction to
make such an order had the matter been determined by it.
(10) Where an order has been registered in
terms of subsection (9), it shall have the effect, for
purposes of enforcement, of a civil judgment of the
appropriate court.
(11) Any person who—
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