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Co-operatives Act, 2005 (Act No. 14 of 2005)

Chapter 13 : Miscellaneous Provisions

97. Transitional provisions

 

(1) Subject to this section and despite the repeal of the Co-operatives Act, 1981 (Act No. 91 of 1981), a co-operative registered in terms of that Act may continue to operate as if that Act had not been repealed, except that any reference in that Act to—
(a) the Registrar of Co-operatives must be read as a reference to the registrar appointed in terms of section 78 of this Act; and
(b) the Minister of Agriculture must be read as a reference to the Minister of Trade and Industry in this Act.

 

(2) The provisions of this Act—
(a) apply to a co-operative referred to in subsection (1); and
(b) are transitional for a period of two years from the date of commencement of the Co-operatives Amendment Act, 2012, for co-operatives to update their constitutions in accordance with the provisions of this Act, and in case of non-compliance after the two-year transitional period, a co-operative will be deemed to be deregistered.

[Section 97(2) substituted by section 69(a) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(3) On receipt of  the constitution of a co-operative, the registrar must—

[Words preceding section 97(3)(a) substituted by section 69(b) of Notice No. 558, GG 36729, dated 5 August 2013]

(a) issue the co-operative with a certificate stating that its constitution complies with this Act; or
(b) issue a directive to the co-operative specifying—
(i) the non-compliance of the constitution with the Act;
(ii) the period allowed for the rectification of the constitution; and
(iii) the consequences of non-compliance in terms of section 2(b).

[Section 97(3) substituted by section 69(c) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(4) A directive issued in terms of subsection (3)(b) may stipulate a time within which the co-operative must comply with the directive.

 

(5) The registrar may require a co-operative that fails to comply with a directive issued in terms of subsection (3)(b), or that fails to comply with subsection (2)—
(a) to convert into another legal entity, in accordance with the provisions of Chapter 8; or
(b) if the co-operative does not convert, to be wound up in terms of the provisions of Chapter 9.

 

(6) This Act applies, in respect of a co-operative registered prior to the commencement of this Act—
(a) from the date of issue of the certificate referred to in subsection 3(a); or
(b) after the expiry of a period of three years from the date of commencement of this Act.

 

(7) The Minister must, by notice in the Gazette, within three months after the commencement of the Co-operatives Amendment Act, 2013, publish—
(a) model constitutions, model business plans and a framework for process planning; and
(b) such other forms that he or she may consider necessary, for use by co-operatives.

[Section 97(7) inserted by section 69(d) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(8) An entity contemplated in section 62(1)(a) of this Act must publish a notice of its conversion within 30 days after receipt of the notification of approval from the registrar.

[Section 97(8) inserted by section 69(d) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(9) The Minister must, before the commencement of the Co-operatives Amendment Act, 2013, appoint the chairperson and other members of the Tribunal as contemplated in section 91N.

[Section 97(9) inserted by section 69(d) of Notice No. 558, GG 36729, dated 5 August 2013]

 

 


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