Office of the Registrar meets with the Association of Mineworkers and Construction Union
Following last weeks announcement by the Registrar of Labour Relations, Lehlohonolo Molefe on his intention to deregister the Association of Mineworkers and Construction Union (AMCU), the Registrar’s office attended a meeting facilitated by the Deputy Director-General (DDG) Labour Policy & Industrial Relations (LP&IR) Virgil Seafield together with AMCU leadership on 30 April 2019 at 10h00.
The meeting was at the request by AMCU in light of the notice of intention to cancel the registration of the Union. AMCU indicated that in their view they have complied with their constitution and the Labour Relations Act as amended. The Registrar noted the views of AMCU, however, this does not mean that the Registrar agreed with AMCU’s views. The Registrar is obliged by law to wait for written representations before expressing a view.
The Registrar indicated that AMCU is not being singled out. The following examples were made:
1) The Registrar published notice of intention to cancel South African Local Government Association (SALGA) last year for failure to comply with their constitution and the LRA.
2) The Registrar applied to the labour court to place Chemical Energy Paper Printing Wood and Allied Workers Union (CEPPPWAWU) and South African Municipal Workers Union (SAMWU) under administration.
3) Further to this over the period of 10 years the Registrar has deregistered 170 labour organisations due to non compliance with the LRA and their own constitutions.
The meeting was constructive and it was agreed that there will be continuous engagements on this matter. AMCU was advised to submit its written representations as required by section 106(2B)(b) of the LRA, within 60 days from the date of the publication of the Notice of intention to cancel the registration of the Union. Thereafter the Registrar’s Office will analyse all the written representations submitted by AMCU and all other interested parties on why AMCU’s registration should not be cancelled. The Registrar will consider all representations submitted and take a decision.
It is worth noting that in terms of Section 108(4) of the LRA “The registrar and the deputy registrars are independent and subject only to the Constitution and the law, they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.”
Section 108(5) states that “No person or organ of state may interfere with the functioning of the registrar.”
Enquiries:
Teboho Thejane
Cell: 082 697 0694
