"Employment Equity Act"

Chapter VII: Dispute Resolution
Part B: Accreditation of and Subsidy to Councils and Private Agencies

127. Accreditation of councils and private agencies

1. Any council or private agency may apply to the governing body in the prescribed form for accreditation to perform any of the following functions-

resolving disputes through conciliation; and
arbitrating disputes that remain unresolved after conciliation, if this Act requires arbitration.

2. For the purposes of this section, the reference to disputes must be interpreted to exclude disputes as contemplated in-

sections 16 , 21 and 22 ; (These sections deal with disputes about organisational rights)
section 24(2) to (5) ; (These subsections deal with disputes about collective agreements where the agreement does not provide for a procedure, the procedure is inoperative or any party frustrates the resolution of the dispute.)
section 24(6) and (7) and section 26(11); (These subsections deal with disputes about agency shops and closed shops.)
section 45 ; (This section deals with disputes about determinations made by the Minister in respect of proposals made by a statutory council.)
section 61(5) to (8) ; (These subsections deal with disputes about the interpretation or application of collective agreements of a council whose registration has been canceled.)
section 62 ; (This section deals with disputes about the demarcation of sectors and areas of councils.)
section 63 ; (This section deals with disputes about the interpretation or application of Parts C to F of Chapter 111. Part C deals with bargaining councils, Part D with bargaining councils in the public service, Part E with statutory councils and Part F. with general provisions concerning councils.)
section 69(8) to (10) ; (This section concerns disputes about pickets during strikes and lock-outs.)
section 86 ; (This section deals with disputes about proposals that are the subject of joint decision-making.)
section 89 ; (This section deals with disputes about the disclosure of information to workplace forums.)
section 94 ; (This section deals with disputes about the interpretation or application of Chapter V which deals with workplace forums.)

3. The governing body may require further information in support of the application and, for that purpose, may require the applicant to attend one or more meetings of the governing body.

4. The governing body may accredit an applicant to perform any function for which it seeks accreditation, after considering the application, any further information provided by the applicant and whether-

the services provided by the applicant meet the Commission's standards;
the applicant is able to conduct its activities effectively;
the persons appointed by the applicant to perform those functions will do so in a manner independent of the State, any political party, trade union, employer, employers' organization, federation of trade unions or federation of employers' organizations;
the persons appointed by the applicant to perform those functions will be competent to perform those functions and exercise any associated powers;
the applicant has an acceptable code of conduct to govern the persons whom it appoints to perform those functions;
the applicant uses acceptable disciplinary procedures to ensure that each person it appoints to perform those functions will subscribe, and adhere, to the code of conduct; and
the applicant promotes a service that is broadly representative of South African society.
[deleted by Labour Relations Amendment Act, 1996, Act No 42 of 1996].

5. If the governing body decides-

to accredit the applicant, the governing body must-
1. enter the applicant's name in the register of accredited councils or the register of accredited agencies;
2. issue a certificate of accreditation in the applicant's name stating the period and other terms of accreditation;
3. send the certificate to the applicant; and
4. as soon as practicable after the decision, publish the certificate of accreditation in the Government Gazette; or
not to accredit the applicant, the governing body must advise the unsuccessful applicant in writing of its decision.

6. The terms of accreditation must state the extent to which the provisions of each section in Part C of this Chapter apply to the accredited council or accredited agency.

Any person may inspect the registers and certificates of accredited councils and accredited agencies kept in the Commission's offices.
The Commission must provide a certified copy of, or extract from, any of the documents referred to in paragraph (a) to any person who has paid the prescribed fee.

128. General provisions relating to accreditation

An accredited council or accredited agency may charge a fee for performing any of the functions for which it is accredited in circumstances in which section 140(2) allows a commissioner, to charge a fee.
A fee charged in terms of paragraph (a) must be in accordance with the tariff of fees determined by the Commission.

An accredited council, accredited agency, or any person engaged by either of them to perform the functions for which it has been accredited, is not liable for any loss suffered by any person as a result of any act performed or omitted in good faith in the course of exercising those functions.
An accredited council, accredited agency, or any person engaged by either of them to perform the functions for which it has been accredited, may not disclose to any person or in any court any information, knowledge or document that it or that person acquired on a confidential basis or without prejudice in the course of performing those functions except on the order of a court.

129. Amendment of accreditation

1. An accredited council or accredited agency may apply to the governing body in the prescribed form to amend its accreditation.

2. The governing body must treat the application as an application in terms of section 127.

130. Withdrawal of accreditation

If an accredited council or accredited agency fails to comply to a material extent with the terms of its accreditation, the governing body may withdraw its accreditation after having given reasonable notice of the withdrawal to that council or accredited agency.

131. Application to renew accreditation

1. An accredited council or accredited agency may apply to the governing body in the prescribed form to renew its accreditation either in the current or in an amended form.

2. The governing body must treat the application for renewal as an application in terms of section 127.

132. Subsidy to council or private agency

Any council may apply to the governing body in the prescribed form for a subsidy for performing any dispute resolution functions that the council is required to perform in terms of this Act, and for training persons to perform those functions.
Any accredited agency, or a private agency that has applied for accreditation, may apply to the governing body in the prescribed form for a subsidy for performing any dispute resolution functions for which it is accredited or has applied for accreditation, and for training persons to perform those functions.

2. The governing body may require further information in support of the application and, for that purpose, may require the applicant to attend one or more meetings of the governing body.

3. The governing body may grant a subsidy to the applicant after considering the application, any further information provided by the applicant and-

the need for the performance by the applicant of the functions for which it is accredited;
the extent to which the public uses the applicant to perform the functions for which it is accredited;
the cost to users for the performance by the applicant of the functions for which it is accredited;
the reasons for seeking the subsidy;
the amount requested; and
the applicant's ability to manage its financial affairs in accordance with established accounting Practice, principles and Procedures.

4. If the governing body decides-

to grant a subsidy to the applicant, the governing body must-
1. notify the applicant in writing of the amount, duration and the terms of the subsidy; and
2. as soon as practicable after the decision, publish the written notice in the Government Gazette; or
not to grant a subsidy to the applicant, the governing body must advise the unsuccessful applicant in writing of its decision.

5. A subsidy granted in terms of subsection (4)(a)-

may not be paid to a council or private agency unless it has been accredited; and
lapses at the end of the Commission's financial year within which it was granted.

Any person may inspect a written notice referred to in subsection (4)(a) in the Commission's offices.
The Commission must provide a certified copy of, or extract from, any written notice referred to in paragraph (a) to any person who has paid the prescribed fee.

7. If an accredited council or accredited agency fails to comply to a material extent with the terms of its subsidy, the governing body may withdraw the subsidy after having given reasonable notice of the withdrawal to that council or agency.

An accredited council or accredited agency that has been granted a subsidy may apply to the governing body in the prescribed form to renew its subsidy, either in the current or in an amended form and amount.
The governing body must treat the application for renewal as an application in terms of subsections (1) to (4).