The Registrar of Labour Relations, in terms of section 106(2A) of the Labour Relations Act No. 66 of 1995, hereby cancels the registration of the following two unions:
1. Metal, Farming, Entertainment, Retail, Electrical, Building and Allied Workers Union with effect from 16 October 2023.
2. Influential Information and Communication Union of South Africa with effect from 17 October 2023.
The cancellation is based on the failure to comply with the following provisions of the Labour Relations Act and for the Union ceasing to function in terms of its constitution.
Section 98 – Accounting records and audits
(1) Every registered trade union and every registered employer’s organisation must, to the standards of generally accepted accounting practice, principles, and procedures-
(a) keep books and records of its income, expenditure, assets, and liabilities; and
(b) within six months after the end of each financial year, prepare financial statements, including at least-
(i) a statement of income and expenditure for the previous financial year; and
(ii) a balance sheet showing its assets, liabilities, and financial position as at the end of the previous financial year.
(2) Every registered trade union and every registered employer’s organisation must arrange for an annual audit of its books and records of account and its financial statements by an auditor who must-
(a) conduct the audit in accordance with generally accepted auditing standards; and
(b) report in writing to the trade union or employers’ organisation and in that report-
(i) express an opinion as to whether or not the trade union or employers’ organisation has complied with those provisions of its constitution relating to financial matters; and
(ii) if the trade union is a party to an agency shop agreement referred to in section 25 or a closed shop agreement referred to in section 26 express an opinion as to whether or not the trade union has complied with the provisions of those sections.
(3) Every registered trade union and every registered employer’s organisation must-
(a) make the financial statements and the auditor’s report available to its members for inspection; and
(b) submit those statements and the auditor’s report to a meeting or meetings of its members or their representatives as provided for in its constitution.
(4) Every registered trade union and every registered employer’s organisation must preserve each of its books of account, supporting vouchers, records of subscriptions or levies paid by its members, income and expenditure statements, balance sheets, and auditor’s reports, in an original or reproduced form, for a period of three years from the end of the financial year to which they relate.
Section 99 – Duty to keep records
In addition to the records required by section 98, every registered trade union and every registered employer’s organisation must keep-
(a) a list of its members.
(b) the minutes of its meetings, in an original or reproduced form, for a period of three years from the end of the financial, year to which they relate; and
(c) the ballot papers for a period of three years from the date of every ballot.
Section 100 – Duty to provide information to registrar
Every registered trade union and every registered employer’s organisation must provide to the registrar-
(a) by 31 March each year, a statement, certified by the secretary that it accords with its records, showing the number of members as at 31 December of the previous year and any other related details that may be required by the registrar;
(b) within 30 days of receipt of its auditor’s report, a certified copy of that report and of the financial statements;
(c) within 30 days of receipt of a written request by the registrar, an explanation of anything relating to the statement of membership, the auditor’s report or the financial statements;
(d) within 30 days of any appointment or election of its national office-bearers, the names and work addresses of those office-bearers, even if their appointment or election did not result in any changes to its office-bearers; and
(e) 30 days before a new address for service of documents will take effect, notice of that change of address.
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