LABOUR ACT [Chapter 28:01] (as amended) registration of the council in terms of section fiftynine. 58 Constitution of employment councils The constitution of every employment council formed in terms of this Part shall provide for— (a) a statement of the aims and objectives of the council; and (b) the registered trade union concerned or federation of such trade unions to appoint fifty per centum of the members of the employment council, and the employers organization concerned or federation of such organizations to appoint the remaining members; and (c) the appointment of a chairman and vicechairman of the employment council: Provided that every constitution shall provide that if the chairman is appointed by members representing the registered trade union or federation of trade unions, the vicechairman shall be appointed by members representing the employers organization or federation of such organizations, and viceversa; and (d) the dues which are payable to the employment council by the members thereof; and (e) the administration of the funds of the employment council; and (f) the keeping of minutes and other records of the proceedings of the employment council; and (g) the admission of new parties to the employment council; and (h) the procedures for dealing with any disputes within the undertaking or industry represented by the parties to the employment council; and (i) the amendment of the constitution; and (j) the winding up of the employment council; and (k) such other matters as may be prescribed. 59 Registration of employment councils (1) Upon application for the registration of an employment council, the Registrar shall— (a) if he is satisfied, having due regard to section sixty-one which shall apply, mutatis mutandis, that the employment council and its constitution comply with this Act, register the employment council; (b) if he is not satisfied as provided in paragraph (a), refuse to register the employment council. (2) Whenever the Registrar registers an employment council he shall furnish that employment council with a certificate of registration. 60 Employment councils to be bodies corporate Every employment council shall, upon registration in terms of this Act, become a body corporate and in its corporate name be capable of suing and being sued, of purchasing or otherwise acquiring, holding or alienating property, movable or immovable, and of doing any other act which its constitution requires or permits it to do, or which a body corporate may by law do. Re-issue 61 Variation of registration of employment councils (1) Whenever the Registrar is satisfied that— (a) any employment council is not sufficiently representative of the undertaking or industry in respect of which it is registered; or (b) any branch or section of the undertaking or industry in respect of which an employment council is registered has been included in the registration by oversight or mistake or that an employment council is not sufficiently representative of any such branch or section; or (c) the character of any undertaking or industry in respect of which an employment council is registered is such that a particular branch or section thereof should no longer be included in such undertaking or industry; or (d) it is in the interests of employers, employees or the public for a particular branch or section of any undertaking or industry in respect of which an employment council is registered, to form a separate employment council for that branch or section; or (e) any branch or section of an undertaking or industry should be included within the undertaking or industry for which an employment council is registered; he may, after consultation with the employment council, vary the coverage in respect of which the employment council is registered and make the necessary variation in his register. (2) If at any time the Registrar is satisfied that an employment council— (a) is not sufficiently representative of any undertaking or industry in respect of which it is registered; or (b) has failed to comply with this Act; he may, after consultation with the employment council concerned, cancel the registration of that employment council. (3) If the Registrar exercises any of the powers conferred upon him by subsection (1) or (2), he shall call upon the secretary of the employment council concerned to transmit to him the certificate of registration issued to it, and the secretary shall, within thirty days of being so called upon, transmit the certificate of registration to the Registrar. (3a) A secretary of an employment council who fails or refuses to transmit the council's certificate of registration to the Registrar in accordance with subsection (3) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. (4) The Registrar shall, upon receipt by him of a certificate of registration of an employment council in terms of subsection (3)— (a) make the necessary alterations therein and return it to the employment council concerned; or (b) issue to the employment council concerned a fresh certificate of registration; or (c) cancel the certificate of registration; - 29 - 1st May 2003-