The Department issued a notice of intention to cancel SALGA’s registration in the Government Gazette on 15 June 2018. SALGA had failed to submit outstanding documents such as: audited financial statements, names of office bearers and business address, and membership figures.
In terms of section 106(2A) of the Act, the Office of the Registrar may cancel the registration of an employers’ organisation by removing its name from the appropriate register if the organisation is not, or has ceased to function as a genuine organisation or has failed to comply with section 98, 99 and 100 of the Act.
In terms of section 98, a registered employers’ organisation must keep books and records of its income, assets and liabilities. Within six months after the end of each financial year the organisation must prepare financial statements. It must also arrange for an annual audit which must comply with Generally Accepted Auditing Standards and the auditor must report in writing to the organisation whether the organisation has complied with its constitution in relation to financial matters.
On 16 June SALGA sent an email with the following information: all the financial statements for the periods 2012, 2013, 2014, 2015, 2016 and 2017; the names and business address of office bearers for the years 2011, 2012, 2013, 2014, 2015, 2016, 2017, and 2018; the membership figures per sector for the years 2012, 2013, 2014, 2015, 2016, and 2017.
SALGA has apologised for the delay in submitting the outstanding documents and assured that the organisation has put measures in place to prevent recurrence of the delay in transmitting information.
The Office of the Registrar wishes to also confirm that on 21 June 2018 it held a meeting with SALGA senior officials, whose delegation was led by its Chief Financial Officer, Mr Nceba Mqoqi – at the premises of the Department of Labour.
The information submitted by SALGA will be assessed by the Department of Labour to ensure it complies with the legislative requirements, and where there is a need to meet, the Department will contact SALGA after having assessed the information submitted, said Advocate Lehlohonolo Molefe, Registrar: Labour Relations.
Source: Government of South Africa