| (a) | it has adopted a name that meets the requirements of subsection (4); |
| (b) | it has adopted a constitution that meets the requirements of subsections (5) and (6); |
| (c) | it has an address in the Republic; and |
| (2) | A trade union is independent if— |
| (a) | it is not under the direct or indirect control of any employer or employers" organisation; and |
| (b) | it is free of any interference or influence of any kind from any employer or employers" organisation. |
| (3) | Any employers" organisation may apply to the registrar for registration if— |
| (a) | it has adopted a name that meets the requirements of subsection (4); |
| (b) | it has adopted a constitution that meets the requirements of subsections (5) and (6), and |
| (c) | it has an address in the Republic. |
| (4) | Any trade union or employers" organisation that intends to register may not have a name or shortened form of the name that so closely resembles the name or shortened form of the name of another trade union or employers" organisation that it is likely to mislead or cause confusion. |
| (5) | The constitution of any trade union or employers" organisation that intends to register must— |
| (a) | state that the trade union or employers " organisation is an association not for gain; |
| (b) | prescribe qualifications for, and admission to, membership; |
| (c) | establish the circumstances in which a member will no longer be entitled to the benefits of membership; |
| (d) | provide for the termination of membership; |
| (e) | provide for appeals against loss of the benefits of membership or against termination of membership, prescribe a procedure for those appeals and determine the body to which those appeals may be made; |
| (f) | provide for membership fees and the method for determining membership fees and other payments by members; |
| (g) | prescribe rules for the convening and conducting of meetings of members and meetings of representatives of members, including the quorum required for, and the minutes to be kept of, those meetings; |
| (h) | establish the manner in which decisions are to be made; |
| (i) | establish the office of secretary and define its functions; |
| (j) | provide for other office—bearers, officials and, in the case of a trade union, trade union representatives, and define their respective functions; |
| (k) | prescribe a procedure for nominating or electing office—bearers and, in the case of a trade union, trade union representatives; |
| (l) | prescribe a procedure for appointing, or nominating and electing, officials; |
| (m) | establish the circumstances and manner in which office—bearers, officials and, in the case of a trade union, trade union representatives, may be removed from office; |
| (n) | provide for appeals against removal from office of office—bearers, officials and, in the case of a trade union, trade union representatives, prescribe a procedure for those appeals and determine the body to which those appeals may be made; |
| (o) | establish the circumstances and manner in which a ballot must be conducted. |
| (p) | provide that the trade union or employers" organisation, before calling a strike or lock—out, must conduct a ballot of those of its members in respect of whom it intends to call the strike or lock—out; |
| (q) | provide that members of the trade union or employers" organisation may not be disciplined or have their membership terminated for failure or refusal to participate in a strike or lock—out if— |
| (i) | no ballot was held about the strike or lock—out; or |
| (ii) | a ballot was held but a majority of the members who voted did not vote in favour of the strike or lock—out; |
| (r) | provide for banking and investing its money; |
| (s) | establish the purposes for which its money may be used; |
| (t) | provide for acquiring and controlling property; |
| (u) | determine a date for the end of its financial year; |
| (v) | prescribe a procedure for changing its constitution; and |
| (w) | prescribe a procedure by which it may resolve to wind up. |
| (6) | The constitution of any trade union or employers" organisation which intends to register may not include any provision that discriminates directly or indirectly against any person on the grounds of race or sex. |
| (7) | The registrar must not register a trade union or an employers" organisation unless the registrar is satisfied that the applicant is a genuine trade union or a genuine employers" organisation. |
[Section 95(7) inserted by section 18 of Act No. 12 of 2002]
| (8) | The Minister, after consultation with NEDLAC, may by notice in the Government Gazette publish guidelines to be applied by the registrar in determining whether an applicant is a genuine trade union or a genuine employers" organisation and guidelines for the system of voting as contemplated in subsection (9). |
[Section 95(8) substituted by section 8(a) of Notice No. 1304, GG 42061, dated 27 November 2018]
| (9) | For the purpose of subsection (5), ‘ballot’ includes any system of voting by members that is recorded and in secret. |
[Section 95(9) inserted by section 8(b) of Notice No. 1304, GG 42061, dated 27 November 2018]
