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Registrar of Labour Relations Clarifies Position on AMCU

May 9, 2019

Department of Labour

9 May 2019

The Registrar of Labour Relations has not singled out the Association of Mineworkers and Construction Union (AMCU).

The assurance follows a recent meeting between the Office of the Registrar and AMCU.

Towards the end of April 2019, the Registrar announced his intention to cancel the registration of AMCU.

Notice 598 was published in Government Gazette 42415 in terms of the Labour Relations Act.

According to the notice, the Registrar, Lehlohonolo Molefe, indicated that the intention to cancel the registration of AMCU was due to the trade union having ceased to function in terms of its constitution and not being a genuine trade union as envisaged in the act.

Objections to the proposed cancellation of registration are invited within 60 days of the date of the notice.

In a later statement, the department confirmed that Molefe intends deregistering AMCU as the “union failed to hold a National Congress in 2018 as per clause 22.3.1 of the latter’s constitution.”

According to the department, AMCU, in an April 3 letter, undertook to hold their National Congress in September 2019.

However, the Office of the Registrar is not convinced that AMCU can do so.

“Having read the letter received on April 3, 2019, and considering the submission by AMCU regarding its National Congress, the Office of the Registrar is not convinced that the trade union will be able to hold its National Congress during September 2019. One other reason is that if it does happen, it will be a bridge on its constitution clause 22.3.3 that the General Secretary shall inform all regions six months before the National Congress of the day of the Congress”, Molefe said.

In the latest statement, the department indicates that it was agreed at the meeting to undertake continuous engagements on the matter.

AMCU was advised to submit written representations on the intention to cancel its registration.

“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.”

The statement further declares that Section 108(5) of the Labour Relations Act states that “No person or organ of state may interfere with the functioning of the registrar.”