By Johan Olivier, Partner at Webber Wentzel

On 24 April 2019, the Registrar of Labour Relations (Registrar) announced his intention to cancel the registration of the Association of Mineworkers and Construction Union (AMCU) in a Government Gazette Notice (Notice).

In seeking the cancelation of AMCU's registration, the Registrar acts in terms of section 106(2A) of the Labour Relations Act 66 of 1995 as amended (LRA). The Notice is published in compliance with the requirements under section 106(2B) of the LRA.

The Registrar cites the two reasons for his decision in the Notice:

• The trade union has ceased to function in terms of its constitution; and
• The trade union is not a genuine trade union as envisaged in the Act.

In terms of the Notice, all interested parties (of which we are sure AMCU will be one such party) are now invited to make written representations as to why the registration should not be cancelled. Parties have 60 days from the date of the Notice to respond to the Department of Labour. The closing date for representations is 24 June 2019.

In terms of section 106(2B)(3) of the LRA, when a trade union's registration is cancelled, all rights enjoyed in terms of the LRA accorded to a registered trade union will come to an end. Interesting questions arise should AMCU's registration be cancelled -

• What happens with existing organisational rights held by AMCU?
• What is the status of collective agreements with AMCU?
• Do AMCU members lose the right to representation?
• May AMCU officials be denied access to your workplace?

If you would like to read the full version of the Notice, please click here.