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
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.)
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.
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.
If the governing body decides-
to accredit the applicant, the governing body must-
enter the applicant's name in the register of accredited councils or the register of accredited agencies;
issue a certificate of accreditation in the applicant's name stating the period and other terms of accreditation;
send the certificate to the applicant; and
as soon as practicable after the decision, publish the certificate of accreditation in the Government Gazette; or
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.