LABOUR ACT [Chapter 28:01] (as amended) graph decline to hold accreditation proceedings. 42 Notice of accreditation proceedings (1) Whenever accreditation proceedings are proposed to be held, the Registrar shall give not less than thirty days’ notice thereof— (a) in writing to the parties concerned; and (b) by publication of a notice in the Gazette and in such other publication as he thinks appropriate. (2) A notice given in terms of subsection (1) shall specify— (a) the subject of the accreditation proceedings; and (b) the time and place of the accreditation proceedings; and shall call upon all interested parties, who wish to do so, to submit any representations they wish to make to the Registrar and to advise him whether or not they will be attending the proceedings. (3) Where the Registrar has received any representations relating to any matter to be considered at accreditation proceedings, he shall submit or make available a copy thereof to other interested parties as soon as practicable. 43 Procedure at accreditation proceedings At the hearing of any accreditation proceedings— (a) the parties— (i) may appear in person or by any duly authorized representative; (ii) shall be given a reasonable opportunity of presenting their case; (b) the Registrar shall preside and shall, subject to any procedure that 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. 44 Notification of decision made at accreditation proceedings Upon the completion of any accreditation proceedings, the Registrar shall notify all interested party who appeared at the proceedings of his decision in writing and his reasons therefor. 45 Considerations relating to registration or variation, suspension or rescission of registration of trade unions or employers organizations (1) In any determination of the registration of a trade union or employers organization or of the variation, suspension or rescission thereof, the Registrar shall— (a) take into account— (i) representations by— A. employers and employees who might be affected; and B. the Minister and any other Minister whose Ministry or Department may be affected; and C. any member of the public or any section thereof likely to be affected; and Re-issue (iii) the desirability of affording the majority of the employees and employers within an undertaking or industry effective representation in negotiations affecting their rights and interests; and (iv) the desirability of reducing, to the least possible number, the number of entities with which employees and employers have to negotiate; and (vi) whether representations made in terms of subsection (3) of section thirty-nine or at any accreditation proceedings in terms of section forty-one indicate that the trade union or employers organization will not be substantially representative of the employees or employers it proposes to represent; and (b) ensure compliance with the following requirements— (i) a trade union shall not represent employers; (ii) an employers organization shall not represent employees other than managerial employees; (iii) the constitution of a trade union or employers organization shall not be inconsistent with this Act. (2) Where any person asserts that there should, in any particular case, be any departure from the general rule referred to in subparagraph (iv) of paragraph (a) of subsection (1), the burden of proving such assertion shall lie on such person. 46 Matters to be determined by Labour Court In the event of any dispute as to— (a) the extent or description of any undertaking or industry; or (b) whether any employees are managerial employees; the matter shall be referred to the Labour Court for determination. 47 Right of appeal Any person who is aggrieved by a decision of the Registrar— (a) to register a trade union or employers organization; or (b) not to register a trade union or employers organization; or (c) to vary, suspend or rescind the registration of a trade union or employers organization or to decline such variation, suspension or rescission; or (d) [Repealed] (e) to decline to hold accreditation proceedings; may, subject to this Part, appeal to the Labour Court. 48 Notice of appeal (1) A person who intends to appeal in terms of section forty-seven shall, within thirty days of the date on which he was notified of the decision against which he intends to appeal, in such form and manner as may be prescribed, give notice of appeal and of the grounds on which the appeal is based to the Registrar, and to every person who - 26 - 1st May 2003-