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— - 44 - 1st May 2003-