| (1) | Any council or private agency may apply to the governing body in the prescribed form for accreditation and for accreditation of the persons to perform any of the following functions— |
[Words preceding section 127(1)(a) substituted by section 13 of Notice No. 1304, GG 42061, dated 27 November 2018]
| (a) | resolving disputes through conciliation; and |
| (b) | arbitrating disputes that remain unresolved after conciliation, if this Act requires arbitration. |
| (2) | For the purposes of this section, the reference to disputes must be interpreted to exclude disputes as contemplated in— |
| (3) | 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. |
| (4) | The governing body may accredit an applicant to perform any function for which it seeks accreditation, after considering the application, any further information provided by the applicant and whether— |
| (a) | the services provided by the applicant meet the Commission"s standards; |
| (b) | the applicant is able to conduct its activities effectively; |
| (c) | the persons appointed by the applicant to perform those functions will do so in a manner independent of the State, any political party, trade union, employer, employers" organisation, federation of trade unions or federation of employers" organisations; |
| (d) | the persons appointed by the applicant to perform those functions will be competent to perform those functions and exercise any associated powers; |
| (e) | the applicant has an acceptable code of conduct to govern the persons whom it appoints to perform those functions; |
| (f) | the applicant uses acceptable disciplinary procedures to ensure that each person it appoints to perform those functions will subscribe, and adhere, to the code of conduct; and |
| (g) | the applicant promotes a service that is broadly representative of South African society. |
| (h) | [Section 127(4)(h) deleted by section 23(a) of Act No. 12 of 2002, dated 24 June 2002] |
| (5) | If the governing body decides— |
| (a) | to accredit the applicant, the governing body must— |
| (i) | enter the applicant"s name in the register of accredited councils or the register of accredited agencies; |
| (ii) | issue a certificate of accreditation in the applicant"s name stating the period and other terms of accreditation; |
| (iii) | send the certificate to the applicant; and |
| (iv) | [Section 127(5)(a)(iv) deleted by section 23(a) of Act No. 12 of 2002, dated 24 June 2002] |
| (b) | not to accredit the applicant, the governing body must advise the unsuccessful applicant in writing of its decision. |
| (5A) | The governing body must annually publish a list of accredited councils and accredited agencies |
[Section 127(5A) inserted by section 23(b) of Act No. 12 of 2002, dated 24 June 2002]
| (6) | The terms of accreditation must state the extent to which the provisions of each section in Part C of this Chapter apply to the accredited council or accredited agency. |
(7)
| (a) | Any person may inspect the registers and certificates of accredited councils and accredited agencies kept in the Commission"s offices. |
| (b) | The Commission must provide a certified copy of, or extract from, any of the documents referred to in paragraph (a) to any person who has paid the prescribed fee. |
| 28 | These sections deal with disputes about organisational rights. |
| 29 | These subsections deal with disputes about collective agreements where the agreement does not provide for a procedure, the procedure is inoperative or any party frustrates the resolution of the dispute. |
| 30 | These subsections deal with disputes about agency shops and closed shops. |
| 31 | This section deals with disputes about determinations made by the Minister in respect of proposals made by a statutory council. |
| 32 | These subsections deal with disputes about the interpretation or application of collective agreements of a council whose registration has been cancelled. |
| 33 | This section deals with disputes about the demarcation of sectors and areas of councils. |
| 34 | This section deals with disputes about the interpretation or application of Parts C to IF of Chapter Ill. Part C deals with bargaining councils, Part D with bargaining councils in the public service, Part E with statutory councils and Part IF with general provisions concerning councils. |
| 35 | This section concerns disputes about pickets during strikes and lock outs. |
| 36 | This section deals with disputes about proposals that are the subject of joint decision—making. |
| 37 | This section deals with disputes about the disclosure of information to workplace forums. |
| 38 | This section deals with disputes about the interpretation or application of Chapter V which deals with workplace forums. |
