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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter VI : Trade Unions and Employers' Organisations

Part A : Registration and Regulation of Trade Unions and Employers' Organisations

106. Cancellation of registration of trade unions or employers' organisations

 

 

(1) The registrar of the Labour Court must notify the registrar if the Court—
(a) in terms of section 103 or 104 has ordered a registered trade union or a registered employers' organisation to be wound up; or
(b) in terms of section 105 has declared that a registered trade union is not independent.

 

(2) When the registrar receives a notice from the Labour Court in terms of subsection (1), the registrar must cancel the registration of the trade union or employers' organisation by removing its name from the appropriate register.

 

(2A) The registrar may cancel the registration of a trade union or employers' organisation by removing its name from the appropriate register if the registrar—
(a) is satisfied that the trade union or employers' organisation is not, or has ceased to function as, a genuine trade union or employers' organisation, as the case may be; or
(b) has issued a written notice requiring the trade union or employers' organisation to comply with sections 98, 99 and 100 within a period of 60 days of the notice and the trade union or employers' organisation has, despite the notice, not complied with those sections.

 

(2B) The registrar may not act in terms of subsection (2A) unless the registrar has published a notice in the Government Gazette at least 60 days prior to such action—
(a) giving notice of the registrar's intention to cancel the registration of the trade union or employers' organisation; and
(b) inviting the trade union or employers' organisation or any other interested parties to make written representations as to why the registration should not be cancelled

 

(3) When a trade union's or employers' organisation's registration is cancelled, all the rights it enjoyed as a result of being registered will end.