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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

96. Registration of trade unions or employers' organisations

 

 

(1) Any trade union or employers' organisation may apply for registration by submitting to the registrar
(a) a prescribed form that has been properly completed;
(b) a copy of its constitution; and
(c) any other information that may assist the registrar to determine whether or not the trade union or employers ' organisation meets the requirements for registration.

 

(2) The registrar may require further information in support of the application.

 

(3) The registrar—
(a) must consider the application and any further information provided by the applicant; and
(b) if satisfied that the applicant meets the requirements for registration, must, register the applicant by entering the applicant's name in the register of trade unions or the register of employers' organisations.

 

(4) If the registrar is not satisfied that the applicant meets the requirements for registration, the registrar—
(a) must send the applicant a written notice of the decision and the reasons for that decision; and
(b) in that notice, must inform the applicant that it has 30 days from the date of the notice to meet those requirements.

 

(5) If, within that 30-day period, the applicant meets the requirements for registration, the registrar must register the applicant by entering the applicant's name in the appropriate register.

 

(6) If, within that 30-day period, an applicant has attempted to meet the requirements for registration but the registrar concludes that the applicant has failed to do so the registrar must—
(a) refuse to register the applicant; and
(b) notify the applicant in writing of that decision.

 

(7) After registering the applicant, the registrar must—
(a) issue a certificate of registration in the applicant's name; and
(b) send the certificate and a certified copy of the registered constitution to the applicant.