Section 28: Powers of Registrar
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
28. Powers of Registrar
(1) Where the Registrar has reasonable grounds to believe that the trade
union is contravening its rules or any provision of this Act or where he has
received a complaint made by not less than one per cent of the members of
a trade union, the Registrar may—
(a) inspect the books, accounts and records of the trade union to
investigate into the affairs of the trade union;
(b) require any officer or former officer of the trade union to produce the books of accounts or such document as he may deem
necessary;
(c) require such officer to provide other relevant details relating to
the trade union’s funds or other property.
(2) The Registrar may, once a year, verify that every trade union is still
compliant with section 5 (1) (e) or (f).
(3) The secretary or treasurer of a trade union shall, not later than
21 days after the receipt of a written request from the Registrar under subsection (1) (b), provide him with such information relating to the trade union,
including detailed accounts of the funds or other property of the trade union
or of its branches, as may be specified in the notice.
(4) Where the Registrar, after carrying out the investigation under subsection (1), has reason to believe that—
(a) the trade union has contravened its rules or any provision of this
Act, he may require the trade union to remedy the default;
(b) there has been a misappropriation of funds or property of a trade
union, he may refer the matter to the police for appropriate
action.
[S. 28 amended by s. 9 of Act 5 of 2013 w.e.f. 11 June 2013.]
E9A – 19 [Issue 5]
Employment Relations Act
PART IV – PROTECTION OF FUNDAMENTAL RIGHTS
Sub-Part A – Basic Workers’ Rights to Freedom of Association
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Questions this section answers
- Can the Registrar investigate a trade union's accounts if members complain?