| (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No. 91 of 1981), a co-operative registered in terms of that Act may continue to operate as if that Act had not been repealed, except that any reference in that Act to— |
| (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]
