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

Chapter VII : Dispute Resolution

Part B : Accreditation of and Subsidy to Councils and Private Agencies

132. Subsidy to council or private agency

 

 

(1)
(a) Any council may apply to the governing body in the prescribed form for a subsidy for performing any dispute resolution functions that the council is required to perform in terms of this Act, and for training persons to perform those functions.
(b) Any accredited agency, or a private agency that has applied for accreditation, may apply to the governing body in the prescribed form for a subsidy for performing any dispute resolution functions for which it is accredited or has applied for accreditation, and for training persons to perform those functions.

 

(2) The governing body may require further information in support of the application and, for that purpose, may require the applicant to attend one or more meetings of the governing body.

 

(3) The governing body may grant a subsidy to the applicant after considering the application, any further information provided by the applicant and—
(a) the need for the performance by the applicant of the functions for which it is accredited;
(b) the extent to which the public uses the applicant to perform the functions for which it is accredited;
(c) the cost to users for the performance by the applicant of the functions for which it is accredited;
(d) the reasons for seeking the subsidy;
(e) the amount requested; and
(f) the applicant's ability to manage its financial affairs in accordance with established accounting Practice, principles and Procedures.

 

(4) If the governing body decides—
(a) to grant a subsidy to the applicant, the governing body must—
(i) notify the applicant in writing of the amount, duration and the terms of the subsidy; and
(ii) as soon as practicable after the decision, publish the written notice in the Government Gazette; or
(b) not to grant a subsidy to the applicant, the governing body must advise the unsuccessful applicant in writing of its decision.

 

(5) A subsidy granted in terms of subsection (4)(a)—
(a) may not be paid to a council or private agency unless it has been accredited; and
(b) lapses at the end of the Commission's financial year within which it was granted.

 

(6)
(a) Any person may inspect a written notice referred to in subsection (4)(a) in the Commission's offices.
(b) The Commission must provide a certified copy of, or extract from, any written notice referred to in paragraph (a) to any person who has paid the prescribed fee.

 

(7) If an accredited council or accredited agency fails to comply to a material extent with the terms of its subsidy, the governing body may withdraw the subsidy after having given reasonable notice of the withdrawal to that council or agency.

 

(8)
(a) An accredited council or accredited agency that has been granted a subsidy may apply to the governing body in the prescribed form to renew its subsidy, either in the current or in an amended form and amount.
(b) The governing body must treat the application for renewal as an application in terms of subsections (1) to (4).