Export to PDF
Export to PDF
Print paper
VOLUME: X
TRADE UNIONS AND EMPLOYERS039 ORGANIZATIONS
CHAPTER: 48:01
Part:VIII Constitution and Notification of Certain Matters ss 3236
32.     Constitution of registered trade union, federation of trade unions or employers' organization

            (1) Subject to the other provisions of this section and to its constitution, a registered trade union, federation of trade unions or employers' organization may amend its constitution, including its name or objects:

            Provided that no change of its name or objects shall be valid unless notice in writing containing particulars of the proposed change has first been given to the Registrar and he has signified in writing that he has no objection to the proposed change.

            (2) ...

            (3) The Minister may, by order published in the Gazette, amend the Schedule.

            (4) A copy of every amendment made to the constitution of a registered trade union, federation of trade unions or employers' organization, signed by at least two-thirds of the members of its executive committee, shall be sent by the trade union, federation of trade unions or employers' organization to the Registrar within 30 days immediately after the making thereof and the Registrar shall register the same, upon payment of the prescribed fee, if he is satisfied that such amendment has been validly made and is not unlawful or inconsistent with this Act, with any regulations made thereunder or with the other provisions of the constitution.

            (5) Every amendment to the constitution of a registered trade union, federation of trade unions or employers' organization shall take effect from the date of registration thereof by the Registrar unless some later date is specified by the constitution or by the amendment itself.

            (6) Any registered trade union, federation of trade unions or employers' organization that fails to comply with this section and every officer thereof who is knowingly a party to the failure shall be guilty of an offence and liable to a fine not exceeding P50 and, in the case of a continuing offence, to a further fine not exceeding P10 for every day the offence continues; and the court before which the prosecution is brought may order a copy of the amendment in question to be sent by the trade union, federation of trade unions or employers' organization to the Registrar within such time as shall be specified in the order.

33.     Effect of change of name

            A change in the name of a registered trade union, federation of trade unions or employers' organization shall not affect any right or obligation of the trade union, federation of trade unions or employers' organization or render defective any legal proceeding by or against the trade union, federation of trade unions or employers' organization or any legal proceeding that might have been continued or commenced by or against it under its new name.

34.     Delivery of copies of constitution to members or potential members

            (1) A registered trade union or employers' organization shall forthwith deliver a copy of its constitution to any person requiring the same who is or appears to be qualified to be a member thereof on payment of a charge not exceeding 50 thebe.

            (2) Subsection (1) shall apply, with all necessary modifications, to a federation of trade unions in respect of a requirement made by an officer of a trade union that belongs or appears to be qualified to belong to the federation of trade unions.

            (3) Any registered trade union, federation of trade unions or employers' organization that fails to comply with this section and every officer thereof who is knowingly a party to the failure shall be guilty of an offence and liable to a fine not exceeding P50 and, in the case of a continuing offence, to a further fine not exceeding P10 for every day the offence continues; and the court before which the prosecution is brought may order a copy of the constitution to be delivered forthwith by the trade union, federation of trade unions or employers' organization to the person who required the same.

35.     Certain matters to be notified to Registrar

            (1) Notice in writing of any change in the officers or trustees of a registered trade union, federation of trade unions or employers' organization shall, within 30 days immediately after the change, be given by the trade union, federation of trade unions or employers' organization to the Registrar, together with the prescribed fee, and the Registrar shall, subject to subsections (4) and (5), register the change accordingly.

            (2) A registered trade union shall give notice to the Registrar setting out-

     (a)     the name of every employer or industry that the trade union claims, subsequent to its application for registration under this Act, is bound to deal with it in terms of section 48(1);

     (b)     the name and postal address of every one of its branches with which the trade union claims an employer or industry is bound to deal in terms of section 48(2); and

     (c)     any change relating to its negotiating powers or those of any of its branches,

within 30 days immediately after first making the claim or after the change in question, and the Registrar shall, subject to subsections (4) and (5), register the information or the change accordingly.

            (3) Any registered trade union, federation of trade unions or employers' organization that fails to comply with this section and every officer thereof who is knowingly a party to the failure shall be guilty of an offence and liable to a fine not exceeding P50 and, in the case of a continuing offence, to a further fine not exceeding P10 for every day the offence continues.

            (4) Before registering any change of officers or trustees or any other change and before registering any new information or making any correction or alteration to a register, the Registrar may require the production of such evidence as he thinks necessary to satisfy him of the validity of the change, the accuracy thereof or of any new information or the propriety of the proposed correction or alteration.

            (5) If, after such inquiry as he thinks necessary, the Registrar is not satisfied of the validity of the change of officers or trustees or other change, the accuracy thereof or of any new information or the propriety of the proposed correction or alteration to a register, he may refer the matter to a tribunal consisting of one or more independent persons appointed by the Minister and the tribunal shall inquire into the matter and make its findings thereon known to the Registrar who shall thereupon act in accordance with those findings.

36.     Notification to Registrar of dissolution

            When a registered trade union, federation of trade unions or employers' organization is dissolved, notice containing such particulars as may be prescribed of the dissolution, signed-

     (a)     in the case of a trade union or employers' organization, by seven members thereof and the principal secretary of the trade union or employers' organization; or

     (b)     in the case of a federation of trade unions, by the principal secretary of each of the trade unions belonging to the federation of trade unions and the principal secretary of the federation,

shall, within 14 days immediately after the dissolution, be sent to the Registrar and the Registrar shall register the same if he is satisfied that the dissolution has been effected in accordance with the constitution of the trade union, federation of trade unions or employers' organization; and the dissolution shall have effect from the date of registration thereof.