12. Power of registrar to interdict or suspend certain officers, etc
The registrar may interdict or suspend any officer or any person acting as an officer of a registered trade union if he or she is satisfied that that officer or person is guilty of-
misuse;
misappropriation; or
mismanagement, of the funds or affairs of the trade union.
Where the registrar interdicts or suspends any officer or person under subsection (1), he or she shall immediately forward to the trade unions tribunal a certified copy of his or her decision, and the trade unions tribunal may confirm, modify or alter the decision of the registrar.
The trade unions tribunal may direct the registrar to remove or reinstate any such officer or person, and the registrar shall comply with that direction.
Any officer or other person removed under subsection (3) may, within a period of two months from the date of the direction, appeal to the High Court, and section 11(6) and (7) shall thereupon apply.
Section analysis Source linked
This section confers or regulates the statutory power described as “Power of registrar to interdict or suspend certain officers, etc”.
“(1) The registrar may interdict or suspend any officer or any person acting as an officer of a registered trade union if he or she is satisfied that that officer or person is guilty of-”
The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.
Operative requirements extracted from the consolidated text.
- (1) The registrar may interdict or suspend any officer or any person acting as an officer of a registered trade union if he or she is satisfied that that officer or person is guilty of-
- (a) misuse;
- (b) misappropriation; or
- (c) mismanagement, of the funds or affairs of the trade union.
- (2) Where the registrar interdicts or suspends any officer or person under subsection (1), he or she shall immediately forward to the trade unions tribunal a certified copy of his or her decision, and the trade unions tribunal may confirm, modify or alter the decision of the registrar.
- (3) The trade unions tribunal may direct the registrar to remove or reinstate any such officer or person, and the registrar shall comply with that direction.
- (4) Any officer or other person removed under subsection (3) may, within a period of two months from the date of the direction, appeal to the High Court, and section 11(6) and (7) shall thereupon apply.
Express propositions in source-matched passages from judgments citing this section.
No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.
No section-specific amendment note or instrument-level amendment history appears in this consolidation.