TRADE UNIONS AND EMPLOYERS' ORGANIZATIONS: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Trade Unions and Employers' Organizations (Appeal) Rules

Trade Unions and Employers' Organizations Regulations

TRADE UNIONS AND EMPLOYERS' ORGANIZATIONS (APPEAL) RULES

 

(under section 13(4))

 

(1st September, 1984)

 

ARRANGEMENT OF RULES

 

   RULE

 

 

 

   1.   Citation

 

   2.   Application of Rules to every appeal to High Court under section 13 or 46 of the Act

 

   3.   Appeal to be brought by notice of motion within limited time

 

   4.   Fee

 

   5.   Contents of notice of motion

 

   6.   Respondent

 

   7.   Service of copies of notice of motion on respondents and other persons

 

   8.   Power of High Court to give notice of hearing of motion

 

   9.   Directions for hearing of motion

 

   10.   General powers of High Court

 

   11.   Costs

 

   12.   Applicability of Rules of High Court

 

 

 

      Schedule

 

 

S.I. 149, 1983.

 

1.   Citation

   These Rules may be cited as the Trade Unions and Employers' Organizations (Appeal) Rules.

 

2.   Application of Rules to every appeal to High Court under section 13 or 46 of the Act

   These Rules shall apply to every appeal to the High Court under section 13 or 46 of the Act-

 

   (a)   against a refusal of the Registrar in terms of section 10 or 46 of the Act to register a trade union, federation of trade unions or employers' organization or to register a proposed amalgamation of registered trade unions; or

 

   (b)   against an order of the Registrar in terms of section 12 of the Act cancelling the registration of a trade union, federation of trade unions or employers' organization.

 

3.   Appeal to be brought by notice of motion within limited time

   The appeal shall be brought by notice of motion, in the form set out in the Schedule, within the period of 60 days immediately following the day on which-

 

   (a)   the original applicants were notified in accordance with section 11 of the Act of the Registrar's refusal (if the appeal is against his refusal to register the trade union, federation of trade unions or employers' organization in question or to register the proposed amalgamation of registered trade unions in question); or

 

   (b)   the Registrar's order was served in accordance with section 12 of the Act on the trade union, federation of trade unions or employers' organization in question (if the appeal is against his order cancelling the registration of the same):

 

         Provided that the High Court may, if it considers it just to do so, extend or further extend the 60 days' period prescribed by this rule for such period as it thinks fit.

 

4.   Fee

   A fee of P25 00 shall be taken in the High Court in the form of stamps affixed to the copy of the notice of motion filed with the Registrar of the High Court at Lobatse or with the Assistant Registrar of the High Court at Francistown, as the case may be.

 

5.   Contents of notice of motion

   (1) The notice of motion shall clearly identify the decision of the Registrar against which the appeal is brought and the grounds of appeal therein set out shall be concisely stated.

   (2) At the hearing of the motion, no grounds other than those set out in the notice of motion shall be taken by the appellant without the leave of the High Court which may grant such leave on such terms as it thinks just.

 

6.   Respondent

   Any person who appeared before the Registrar and in whose favour he decided shall, unless the High Court otherwise orders, be the respondent or one of the respondents to the motion.

 

7.   Service of copies of notice of motion on respondents and other persons

   (1) A copy of the notice of motion shall be served on each of the respondents, in the manner provided by the Rules of the High Court for the time being in force in relation to the service of documents, by any responsible person in the employ of the appellant.

   (2) The High Court may, at any stage of the motion, direct that a copy of the notice of motion be served on any person on whom the High Court thinks such a copy ought to be served.

 

8.   Power of High Court to give notice of hearing of motion

   The High Court may, at any stage of the motion, if it appears expedient to do so, cause notice to be given by advertisement or otherwise of the time when the motion is or is likely to be heard and disposed of or otherwise make provision for enabling any person interested in the trade union, federation of trade unions or employers' organization in question or in the proposed amalgamation of registered trade unions in question or in the subject matter of the appeal to appear and be heard on the motion.

 

9.   Directions for hearing of motion

   The High Court may, at any stage of the motion, give such special directions as it thinks fit for the hearing and disposing of the motion, either on affidavit evidence or with witnesses or otherwise, and generally at such time and in such manner as appear to it just and convenient.

 

10.   General powers of High Court

   In all proceedings on the appeal, the High Court shall have all the powers vested by the Act in the Registrar and may make any decision or order the Registrar might or ought to have made.

 

11.   Costs

   Directions by the High Court as to the costs of the appeal may include directions as to the costs incidental to the appeal, including the costs of and incidental to any proceedings before the Registrar.

 

12.   Applicability of Rules of High Court

   Subject to the provisions of these Rules, the Rules of the High Court for the time being in force shall apply to all proceedings on the motion.

SCHEDULE
NOTICE OF MOTION

 

Form 27 of the Rules of the High Court

 

(reg. 3)

 

TRADE UNIONS AND EMPLOYER'S ORGANIZATIONS ACT
(Cap. 48:01) 

TRADE UNIONS AND EMPLOYER'S ORGANIZATION (APPEAL) RULES
(Cap. 48:01 (Sub. Leg.)) 

IN THE HIGH COURT OF BOTSWANA 

 

 

In the matter of: 

 

 

 

 

Appellant 

-and- 

 

 

Respondent 

   TAKE notice that the High Court at ....................................................................... will be 

moved on the ........................................................................................................ day of 

............................................................................................................................., 20 ...... 

at 10 a.m. or as soon as thereafter as counsel can be heard, for an order that ......................................................................................................................................... 

   And that the costs of and incidental to this appeal may be paid by .....................................
.......................................................................................................................................... 

   And take notice further that the grounds of this appeal are .................................................
DATED this .......................................... day of ........................................, 20 ............... 

 

 

Agent for the Appellant
Address for service 

To: (1) ........................................................ 

 

.................................................................. 

 

.................................................................. 

 

.................................................................. 

 

   (2) Registrar/Assistant Registrar of the High Court, LOBATSE/FRANCISTOWN. 

 

TRADE UNIONS AND EMPLOYERS' ORGANIZATIONS REGULATIONS

 

(section 67)

 

(28th September, 1984)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Register of trade unions, federations of trade unions and employers' organizations

 

   3.   Forms of application for registration

 

   4.   Publication of notice of application

 

   5.   Registration

 

   6.   Form of certificate of registration

 

   7.   Fees

 

   8.   Registrar to be notified of certain matters

 

   9.   Cancellation of registration

 

   10.   Particulars to be contained in notice of dissolution

 

   11.   Form of balance sheet

 

   12.   Date for furnishing annual returns

 

   13.   Secret ballot for purpose of amalgamation

 

   14.   Inspection of Registrar's records

 

 

 

      Schedule - Forms

 

 

S.I. 105, 1984.

 

1.   Citation

   These Regulations may be cited as the Trade Unions and Employers' Organizations Regulations.

 

2.   Register of trade unions, federations of trade unions and employers' organizations

   (1) The Registrar shall keep and maintain the register of trade unions, federations of trade unions and employers' organizations (hereinafter referred to as "the register") in three parts, which parts shall be for trade unions, federations of trade unions and employers' organizations respectively.

   (2) The part of the register for trade unions shall have two subdivisions, which subdivisions shall be for trade unions and amalgamations of registered trade unions respectively.

   (3) Without derogating from his duty to record in the register such further particulars as the Minister may direct, the Registrar shall record therein the particulars to be so recorded under the Act or by these Regulations.

 

3.   Forms of application for registration

   Every application for the registration of a trade union, federation of trade unions, employers' organization or proposed amalgamation of registered trade unions shall be in the appropriate form set out in Form A1, A2, A3 or A4 in the Schedule and shall be accompanied by the documents specified in paragraph 24, 19, 19 or 24 of Form A1, A2, A3 or A4 respectively, as the case may be.

 

4.   Publication of notice of application

   The Registrar shall cause a notice of every application for the registration of a trade union, federation of trade unions, employers' organization or proposed amalgamation of registered trade unions to be published in a newspaper circulating in Botswana as well as in the Gazette.

 

5.   Registration

   (1) The Registrar shall register a trade union by recording in the appropriate part and subdivision of the register the following particulars in respect of the trade union-

 

   (a)   its name;

 

   (b)   the date of its registration;

 

   (c)   the number of its certificate of registration;

 

   (d)   its postal address;

 

   (e)   the location of its principal office;

 

   (f)   the titles and full names of its officers and trustees;

 

   (g)   the name of every employer or industry it claims will be bound to deal with it in terms of section 48 of the Act;

 

   (h)   particulars of its negotiating bodies to be concerned with the conclusion of collective labour agreements; and

 

   (i)   an identifying number for the purposes of subregulation (4).

   (2) The Registrar shall register a federation of trade unions or employers' organization by recording in the appropriate part of the register the following particulars in respect of the federation of trade unions or employers' organization-

 

   (a)   its name;

 

   (b)   the date of its registration;

 

   (c)   the number of its certificate of registration;

 

   (d)   its postal address;

 

   (e)   the location of its principal office;

 

   (f)   the titles and full names of its officers and trustees (if any); and

 

   (g)   an identifying number for the purposes of subregulation (4).

   (3) The Registrar shall register a proposed amalgamation of registered trade unions by recording in the appropriate part and subdivision of the register the following particulars in respect of the proposed amalgamation of registered trade unions-

 

   (a)   its name;

 

   (b)   the date of its registration;

 

   (c)   the number of its certificate of registration; and

 

   (d)   an identifying number for the purposes of subregulation (4).

   (4) Where a trade union, federation of trade unions, employers' organization or proposed amalgamation of registered trade unions is registered in accordance with this regulation, the Registrar shall-

 

   (a)   record on the copies of its constitution accompanying the application for registration the fact and date of the registration of the trade union, federation of trade unions, employers' organization or proposed amalgamation of registered trade unions, together with the identifying number referred to in subregulation (1)(i), (2)(g) or (3)(d), as the case may be; and

 

   (b)   place those copies with his records.

 

6.   Form of certificate of registration

   A certificate of registration of a trade union, federation of trade unions, employers' organization or proposed amalgamation of registered trade unions shall be in the appropriate form set out in Form B1, B2, B3 or B4 in the Schedule.

 

7.   Fees

   (1) The fee to be paid for and to accompany every application for the registration of a trade union, federation of trade unions, employers' organization or proposed amalgamation of registered trade unions shall be P10 00.

   (2) The fee to be paid for the registration of amendments to the constitution of a registered trade union, federation of trade unions or employers' organization shall be calculated at the rate of P1 00 for each amendment and, if any question arises as to how many amendments are involved in the registration, the question shall be determined by the Registrar alone.

   (3) The fee to accompany every notice of change in the officers or trustees of a registered trade union, federation of trade unions or employers' organization shall be P1 00.

 

8.   Registrar to be notified of certain matters

   (1) Where a registered employers' organization first appoints or elects trustees, it shall, within 30 days immediately after the event, give written notice thereof to the Registrar, which notice shall set out the titles and full names of the trustees, and the Registrar shall, subject to section 35(4) and (5) of the Act, register the same.

   (2) Where, following an amalgamation of registered trade unions, the resulting registered trade union-

 

   (a)   first acquires a postal address;

 

   (b)   first acquires a principal office;

 

   (c)   first appoints or elects its officers and trustees;

 

   (d)   is first in a position to name those employers or industries it claims will be bound to deal with it in terms of section 48 of the Act; or

 

   (e)   is first in a position to give particulars of its negotiating bodies to be concerned with the conclusion of collective labour agreements,

it shall, within 30 days immediately after the event, give written notice thereof to the Registrar, which notice shall set out the postal address, the location of the principal office, the titles and full names of the officers and trustees, the names of those employers or industries or those particulars, as the case may be, and the Registrar shall, subject to section 35(4) and (5) of the Act, register the same.

 

9.   Cancellation of registration

   Where the Registrar cancels the registration of a trade union, federation of trade unions or employers' organization, he shall record in the appropriate part and, if it is the registration of a trade union that is cancelled, the appropriate subdivision of the register the following particulars in respect of the trade union, federation of trade unions or employers' organization-

 

   (a)   the date of the written order cancelling its registration;

 

   (b)   the ground for the cancellation of its registration; and

 

   (c)   the date on which its certificate of registration was delivered to the Registrar.

 

10.   Particulars to be contained in notice of dissolution

   The notice to be sent to the Registrar in accordance with section 36 of the Act when a registered trade union, federation of trade unions or employers' organization is dissolved shall contain the following particulars-

 

   (a)   the name of the trade union, federation of trade unions or employers' organization;

 

   (b)   the specific provisions of its constitution in terms of which the decision to dissolve it was taken;

 

   (c)   the purported ground or grounds on which that decision was taken;

 

   (d)   the date that decision was taken and its full terms;

 

   (e)   the manner in which that decision was taken and the voting figures in respect of any vote taken on the question of dissolution;

 

   (f)   particulars of the manner and respects in which any provisions of the constitution relating to the taking of a decision to dissolve and the giving of effect to such a decision have been complied with;

 

   (g)   the full names of the persons charged with the duty of giving effect to the decision to dissolve;

 

   (h)   the steps that have been taken to give effect to that decision;

 

   (i)   the manner in which the funds of the trade union, federation of trade unions or employers' organization have been or will be disposed of; and

 

   (j)   full details of those funds showing what they consist of and to what extent they have been or are yet to be disposed of.

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