LABOUR ACT [Chapter 28:01] (as amended) appeared at the accreditation proceedings, if any, concerned. (2) Subject to subsection (3), the effect of giving notice of appeal in terms of subsection (1) shall be to suspend the operation or effect of the decision appealed against, pending the determination of the appeal. (3) The Registrar may, on the application of any person, by notice in writing impose such reasonable restrictions as he considers necessary on the activity of any trade union or employers organization concerned in an appeal referred to in subsection (1) in order to protect the reasonable interests of the public and of persons concerned in the appeal. (4) Any person upon whom restrictions have been imposed in terms of subsection (3) may, with due notice to the other persons concerned, make representations to the Registrar in respect thereof and the Registrar may, if he thinks fit, vary or revoke such restrictions. (5) Any person upon whom restrictions have been imposed in terms of subsection (3) shall, if he fails to comply therewith, be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 49 Appeals before Labour Court (1) On an appeal before the Labour Court in terms of section forty-seven— (a) the parties thereto shall be given a reasonable opportunity of presenting their case: Provided that the Labour Court may direct in any particular case that the parties shall be confined to submitting their representations in writing and, in such case, each party shall be given a reasonable opportunity of replying to the representations of the other party; (b) the Labour Court shall, subject to such procedures as may be prescribed, act in such manner and on such principles as he deems best fitted to do substantial justice to the parties, and to carry out the objects of this Act. (2) On an appeal in terms of section fortyseven, the Labour Court may, subject to this Part, confirm, vary or set aside the decision of the Registrar appealed against, and may make such other order, whether as to costs or otherwise, as he thinks necessary or appropriate. 50 Right of membership of registered trade unions and employers organizations (1) Every employee shall be entitled to membership of any registered trade union which represents his undertaking or industry if he is prepared to comply with its rules and conditions of membership. (2) Every employer shall be entitled to membership of any registered employers organization which represents his undertaking or industry if he is prepared to comply with its rules and conditions of membership. Re-issue 51 Supervision of election of officers (1) The Minister may, where the national interest so demands, cause to be supervised the holding of elections to any office or post in a registered trade union or employers organization. (2) Without derogation from the generality of subsection (1) the Minister may, on the advice of the Registrar— (a) set aside any election if the election was not properly conducted or if the result of the election did not represent the views of the electors; (b) postpone, or change the venue of or procedure for, any election, if it is necessary to do so to ensure that the views of electors are given proper expression; (c) assign responsibility for the conduct of any election to any trade union or employers organization; (d) if the conduct of any election campaign by any person is leading to a misrepresentation of any issues involved in such election, and the consequences of such misrepresentation have serious implications for the national interest, prohibit any person from so conducting the election campaign; (e) make regulations for controlling and regulating elections and for fixing the qualifications for officers of registered trade unions and employers organizations. 52 Right to union or association dues (1) For the purpose of fulfilling its obligation to represent the interests of its members employed or engaged in the undertaking or industry for which it is registered, a registered trade union or employers organization may, subject to this Act, levy, collect, sue for and recover union and association dues. (2) Subject to this Act, a federation of trade unions or employers organizations shall not, unless permitted to do so in any particular case by the constitution of the member trade union or employers organization concerned, levy, collect or receive membership fees, union dues or association dues, as the case may be, from persons in their capacity as individual employers or employees. (3) Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 53 Restrictions on payment of union dues by employers (1) No employer shall, without the consent of the Minister, pay on behalf of any employee any union dues other than to a registered trade union. (2) Any employer who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. - 27 - 1st May 2003-