[Section 103 heading substituted by section 19(a) of Act No. 12 of 2002]
| (1) |
The Labour Court may order a trade union or employers" organisation to be wound up if— |
| (a) |
the trade union or employers" organisation has resolved to wind—up its affairs and has applied to the Court for an order giving effect to that resolution; or |
| (b) |
the registrar or any member of the trade union or employers" organisation has applied to the Court for its winding up and the Court is satisfied that the trade union or employers" organisation, for some reason that cannot be remedied is unable to continue to function. |
[Section 103(1) substituted by section 19(b) of Act No. 12 of 2002]
| (1A) |
If the registrar has cancelled the registration of a trade union or employers" organisation in terms of section 106(2A), any person opposing its winding—up is required to prove that the trade union or employers" organisation is able to continue to function |
[Section 103(1A) inserted by section 19(c) of Act No. 12 of 2002]
| (2) |
If there are any persons not represented before the Labour Court whose interests may be affected by an order in terms of subsection (1), the Court must— |
| (a) |
consider those interests before deciding whether or not to grant the order applied for; and |
| (b) |
if it grants the order applied for, include provisions in the order disposing of each of those interests. |
| (3) |
In granting an order in terms of subsection (1), the Labour Court may appoint a suitable person as liquidator, on appropriate conditions. |
| (a) |
The registrar of the Labour Court must determine the liquidator"s fees. |
| (b) |
The Labour Court, in chambers, may review the determination of the registrar of the Labour Court. |
| (c) |
The liquidator"s fees are a first charge against the assets of the trade union or employers" organisation. |
| (5) |
If, after all the liabilities of the trade union or employers" organisation have been discharged, any assets remain which cannot be disposed of in accordance with the constitution of that trade union or employers" organisation, the liquidator must realise those assets and pay the proceeds to the Commission for its own use. |
[Section 103(5) substituted by section 19(d) of Act No. 12 of 2002]
| (a) |
The Labour Court may direct that the costs of the registrar or any other person who has brought an application in terms of subsection (1)(b) be paid from the assets of the trade union or employers" organisation. |
| (b) |
Any costs in terms of paragraph (a) rank concurrently with the liquidator"s fees. |
[Section 103(6) inserted by section 19(e) of Act No. 12 of 2002]
South African Council for Educators Act, 2000
