Analyses: The Interpretation and Application of Section 95(4) of the Labour Relations Act 66 of 1995

• Jurisdiction: South Africa
• Pages: 348-259
• Citation: (2005) 17 SA Merc LJ 348
• Author: ME Manamela
• Published date: 16 August 2019
• Date: 16 August 2019

348 (2005) 17 SA Merc LJ

The Interpretation and Application of

Section 95(4) of the Labour Relations

Act 66 of 1995

ME MANAMELA

University of South Africa

1 Introduction

Section 95 of Chapter VI (Part A) of the Labour Relations Act 66 of 1995

(‘the LRA’) outlines a process for the registration of trade unions and employer

organisations (see s 213 of the LRA where a ‘trade union’ is def‌i ned as an

association of employees whose principal purpose is to regulate relations

between employees and employers, including any employer organisations, and

where an ‘employers’ organisation’ is def‌i ned as any number of employers

associated together for the purpose, whether by itself or with other purposes,

of regulating relations between employers and employees or trade unions). In

terms of the LRA, a trade union or an employers’ organisation may apply to the

Registrar of Labour Relations (see s 213 of the LRA) for registration if it meets

the requirements of s 95(1) of the LRA. These requirements are complied with

if it has adopted a name which meets the requirements of subs (4); has adopted

a constitution that meets the requirements of subss (5) and (6); has an address

in the Republic; and is independent (the independence requirement does not

apply to employer organisations). While the registration process for a trade

union applies mutatis mutandis to an employer organisation, reference will in

this discussion only be made to a trade union.

An application for registration of a trade union must be made in the manner

prescribed by s 96(1) of the LRA. After receipt of the application, the Registrar

should consider it together with any further information he might have required

from the applicant and, if satisf‌i ed that the application meets the requirements

for registration, he must register the applicant (see s 96(3) of the LRA).

This discussion will focus on only one of the requirements in the process of

registration, namely on that contained in s 95(4) of the LRA.

2 Section 95(4) of the LRA

Section 95(4) of the LRA deals with the names of trade unions and provides

as follows:

(2005) 17 SA Merc LJ 348

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