Chapter VI: Trade Unions and Employers' Organisations
Part A: Registration and Regulation of Trade Unions and Employers' Organisations
103. Winding-up of registered trade unions or registered employers' organisations

1. The Labour Court may order a registered trade union or registered employers' organisation to be wound up if-

1. the trade union or employers' organization has resolved to wind-up its affairs and has applied to the Court for an order giving effect to that resolution; or

2. the registrar of labour relations 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.

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-

1. consider those interests before deciding whether or not to grant the order applied for; and

2. 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.

4.  

1. The registrar of the Labour Court must determine the liquidator's fees.

2. The Labour Court, in chambers, may review the determination of the registrar of the Labour Court.

3. 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 registered trade union or registered employers' organisation have been discharged, any assets remain that 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.