Co-operatives Amendment Act

This section defines the term “bindzuntihisano ra vanhu.”

This section lists the matters the law may provide for about cooperatives, including registration, governance, records, audits, restructuring, removal from the register, the agency, and a cooperative tribunal.

Co-operatives are obliged to contribute to community development.

This section replaces the Table of Contents of the principal Act with a new one.

This section is about establishing an agency.

Section heading: “Swikongomelo swa Ejensi”.

Section 91C is titled “Mitirho ya Ejensi”.

This section concerns agency functions relating to satellite agency offices.

This section is titled “Matimba man’wana na man’wana ya Ejensi” (powers of the Agency).

This section appears to concern reporting by the Agency and the payment and management of the Agency’s funds.

Section title: “Ku hakelela Ejensi”.

Section 1 is titled “Definitions and interpretation.”

Section title only: Compliance with co-operative principles.

Section 4 is titled “Forms and kinds of co-operatives.”

Section heading: Application of Act.

This section is about the application of the Co-operative Banks Act and sets out policy statements about co-operatives in South Africa.

This section is a heading stating that one table of contents entry is replaced by another.

Section 1 is titled “Tinhlamuselo na matwisiselo” (definitions and interpretation).

2. Xikongomelo xa nawu

Section 3: Comply with the system of cooperation.

Section 4 is titled “Tinxaka ta Mabaindzuntirhisano.”

Section 5 is titled “Ku tirhisiwa ka Nawu wa 5A.”

Section 5A is titled “Ku tirhisiwa ka Co-operative Banks Act.”

Section 6 is titled “Application to register co-operative.”

Section 7 is titled “Registration of co-operative.”

Section 8 concerns the effect of registration.

Section heading: “Pre-incorporation contract” and “Name of co-operative.”

This section is a directive from the registrar to change a name.

This section concerns unlawful use of words required to be part of a co-operative’s name.

This section is about establishing the Co-operatives Development Agency.

Section 91B is titled “Objectives of Agency.”

The provided text only names the section, “Functions of Agency,” and does not state any rule or function in the excerpt.

This section concerns the Agency’s functions regarding its satellite offices.

Section 91E is titled “General Powers of Agency.”

Section 91F is titled “Reporting by Agency” and appears in Part 2 on funding and financial management of the Agency.

This section is about the constitution of a co-operative and indicates there are minimum requirements for co-operative constitutions.

Section 14A is titled “Associate members.”

This section concerns provisions where members are required to hold shares.

This section is titled “Categories of primary co-operatives.”

This section is titled "Provisions for secondary and tertiary co-operatives and the national apex co-operative."

Section heading for the functions of the national apex co-operative.

Section 17 is titled “Consequences of invalidity.”

This excerpt is a section heading for an amendment to a constitution.

This section concerns funding of the Agency.

Section 91H is titled “Annual budget and strategic plan.”

Section 91I is titled “Financial management, financial statements and annual report.”

This section is titled “Registered office of co-operative.”

This section concerns record keeping by a co-operative.

Section heading: Access to information, under Chapter 3 on membership of co-operatives.

This text appears to be a heading for “Executive authority” and the start of Chapter 12B on the Co-operatives Tribunal; it does not state a substantive rule.

Section 23 is titled “Liability of members.”

Section heading for withdrawal of membership and repayment of membership, member loan, or membership share.

This section concerns the registrar’s powers when the number of members is reduced.

Annual submission to the registrar.

Section 27 is titled “Structure for decision making.”

Section 28 is titled “General meetings.”

Section heading: Annual general meetings.

Section 6 is titled “Application to register a partnership.”

Section title: “Ntsariso wa bindzuntirhisano”.

Section 8 is titled “Ku pfuna ka ntsariso.”

Section 9 is titled “Nkontiraka ya loko ku nga si hlanganisiwa.”

10. Vito ra bindzuntirhisano

Section 11 concerns changing a name.

This section appears to introduce wording about the term “bindzuntirhisano” and the words that form part of it.

This section concerns the formation of co-operatives and their basic requirements.

14A.Swirho swo tatisa

Section 15 is titled “Ku lulamisela laha swirho swi faneleke ku va na mikavelo.”

Section 15A: Mikhetekanyo ya mabindzuntirhisano yo sungula.

This section is about preparing two-party, three-party, and other joint ventures.

Section 16A appears to be a titled provision only; the supplied text does not state a substantive rule.

Section 17 is titled “Switandzhaku swo va ku nga ri ntiyiso.”

This excerpt appears to be a heading or section title about partnerships, including a registered office and record-keeping, but it does not clearly state an operative rule.

This section is titled “Registered business partnership.”

Section heading on record keeping by bindzuntirhisano.

Section 22 is titled “Ku fikelela mahungu” and appears under “KAVANYISA KA 3 VUXIRHO BYA MABINDZUNTIRHISANO.”

Section 23: Vutihlamuleri bya swirho.

This text looks like a section heading about ending membership and a related transfer of membership fee, share, or allocation, but it does not state an operative rule.

Section 26 concerns the powers of the mutsarisi where there is a low number of members.

This section concerns annual submission to the registrar.

Section 27: “Xiakiwa na ku teka swiboho.”

Section 28 is titled “Tinhlengeletano ta mani na mani” (joint meetings).

This text appears to be a section heading/title and does not state an operative rule.

Section title only: Representation at meetings.

This section is titled “Minutes of general meetings” in Chapter 5 on governance of co-operatives.

Section heading: Board of directors.

Section 33 concerns the appointment of directors.

This provision is titled “Meetings and resolutions of board of directors.”

Section 35 is titled “Minutes of meetings of board of directors.”

The board of directors may delegate functions to a director, committee, or manager.

This section is about disclosure of interest.

This section is about prohibiting acceptance of commission, remuneration, or reward in certain circumstances.

Section 39 is titled “Returns relating to directors.”

Section heading: Capital of co-operative.

Section 41 is titled “Membership shares.”

Section 43 is titled “Funds of members.”

Section 44 is titled “Patronage proportion.”

This section is titled “Prohibited and permitted loans and security” for co-operatives.

This section says an auditor and an independent reviewer are disqualified from acting.

This section concerns the appointment and termination of an auditor or independent reviewer.

This section concerns removal of an auditor or independent reviewer.

This section is about attendance of a meeting by an auditor or independent reviewer.

Section 53 is titled “Right to information.”

This section is titled “Notice of error” and appears under an exemptions heading in Chapter 8 on amalgamation, division, conversion and transfer.

Section heading: Approval of amalgamation.

This provision is titled “Effect of registration of amalgamated co-operative.”

This section is titled “Division of co-operatives.”

Section 60 is titled “Approval of division.”

Section 30 is titled “Vuyimeri eka nhlengeletano.”

Section 31 is titled “Makanelwa ya Tinhlengeletano ta mani na mani” and refers to management powers.

32. Bodo ya varhangeri

Section 33 is titled “Ku thoriwa ka varhangeri” (appointment of leaders).

Section 34 is titled “Consultations and decisions of the board of directors.”

Section 35 is titled “Makanelwa ya nhlengeletano ya varhangeri.”

The board may send or delegate its work to the chairperson, a committee, or a manager.

Section 37 is titled “Ku boxa ntsakela.”

Receiving commission, salary, or a benefit is prohibited in certain circumstances.

Section 39 is titled “Ku vuyeriwa lo ku yelanaka na varhangeri” and appears under the finance-related division heading.

Section 40 is titled “Timali ta bindzuntirhisano.”

Section 41: Mikavelo ya vuxirho.

This section concerns certificates relating to a member’s shares or loans.

Section 43: Mikwama ya swirho.

Section 44 is titled “Xiphemu xa nseketelo.”

This provision is titled “Tiloni leti aleriweke na leti pfumeleriweke na nsirhelelo,” but the supplied text does not state an operative rule.

Section 49 appears to refer to an independent candidate who is prohibited from working or standing, but the text is too brief to extract a clear rule.

This section concerns the appointment and dismissal of an auditor or inspector described as independent.

This section is about removing an auditor or an independent examiner.

This provision appears to refer to an auditor or an independent inspector.

Title only: “Mfanelo ya mahungu”.

Section 54 is titled “Xitiviso xa xihoxo” and appears before section 55, under Chapter 8 on consolidation, division, change, and transfer.

Section title: “Mpfumelelo wo hlanganisa.”

Section 58 concerns assistance with the registration of an integrated business arrangement.

Section 59: Ku avanyisiwa ka mabindzuntirhisano.

60. Mpfumelelo wo avanyisa 40 45 50 108 No. 36729 Act No. 6 of 2013 GOVERNMENT GAZETTE, 5 August 2013 Co-operatives Amendment Act, 2013 108

Section 61 is titled “Effect of registration of co-operatives constituted in terms of division.”

Section 62 concerns the conversion of a co-operative to another form of juristic person.

Section 64 is titled “Protection of creditors,” but no substantive rule text is provided here.

Section 65 concerns registration of property when amalgamation, division, conversion, or transfer occurs.

This section is about applying to convert a company into a co-operative.

This section is about consideration of an application.

This section is about the effects of incorporating a company as a co-operative.

This section is a special provision for a company that has given an undertaking under section 66(3).

The Registrar must give notice of a conversion to the registrar of Companies.

This section is about fees for amalgamation, division, conversion, and transfer of co-operatives.

This section is titled “Modes of winding-up.”

This section is titled “Voluntary winding-up.”

This section is titled “Winding-up by order of court.”

This section concerns applications for a declaratory order.

Section heading for winding-up by order of Tribunal; no operative rule text is provided in this excerpt.

Section 78 is titled “Registrar of Co-operatives.”

Section heading only: “Seal and official stamp of registrar.”

This section is titled “Register of co-operatives to be kept by registrar.”

This section is about submitting documentation to the registrar.

The form of records kept may be prescribed.

This section is about establishing the Co-operatives Advisory Council.

Section 86 is titled “Functions of Advisory [Board] Council.”

This section is titled “Members of Advisory [Board] Council.”

Section title only: term of office and conditions of service of members of Advisory Board Council.

Section heading for meetings of the Advisory Board Council.

Section 91 is titled “Accountability to Parliament.”

Section 61 is about assistance with the registration of certain business companies related to division.

This section refers to changes in shareholding/control involving any person with power.

Section 64 is titled “Ku sirhelela vakolotiwa.”

Section 65 concerns registration of property when it is combined, divided, changed, or transferred.

66. Xikombelo xo cinca khamphani yi va bindzuntirhisano

Section heading: “Ku tekela xikombelo enhlokweni.”

This section is titled “Ku pfuna ko katsa khamphani tanihi bindzuntirisano.”

Special arrangements apply to a company referred to in section 66(3).

The Registrar must give notice of a change to company registration.

This section is about consolidating, dividing, amending, and transferring something, but the source text does not state a detailed operative rule.

Section title only; no operative rule is stated in the provided text.

Section 71A is titled “Ku herisa hi ku swi tsakela.”

Section 72 concerns termination or cancellation by court order.

Section 72A is titled “Xikombelo xa xileriso xo tiyisisa.”

This section is about removal or deletion by order of a prosecutor or a court.

78. Mutsarisi wa mabindzuntirhisano

Section 79 concerns the registrar’s official power.

The registrar must make or keep a register of business associations.

This section is titled “Ku yisiwa ka matsalwa eka mutsarisi.”

Section 82 is titled “Ku kamberiwa ka matsalwa.”

This section says certain kept records may be disclosed.

This section is titled “Vulavisi bya mutsarisi” and appears under Chapter 12, Part B, relating to the Huvo yo Tsundzuxa ya Mabindzuntirhisano.

Section heading about the establishment of a consultative council.

Section 86 is about the functions of an advisory council.

Section 87 is titled “Swirho swa [Bodo] Huvo yo tsundzuxa.”

Section title only: it refers to working time and the conditions of service of [Board] Advisory Council members.

Section 89 is a heading about “[Bodo] Huvo yo tsundzuxa” and is followed by a reference to section 90 on “mitengo ya mani na mani.”

Section 91 is titled “Vutihlamuleri eka Palamende” and appears under the Co-operatives Amendment Act, 2013, Chapter 12A on the Co-operatives Development Agency.

This section is about establishing the Co-operatives Tribunal, its legal status, and its composition.

This section concerns the appointment and composition of the Tribunal.

Section title: Functions of Tribunal.

This section is titled “Prohibition on Tribunal.”

This section is titled “Appointment and composition of inspectors or inspectorate.”

This provision is titled “Adjudication of hearings before Tribunal.”

This section concerns a right to participate in a hearing.

This section concerns the Tribunal’s powers when adjudicating a hearing.

Section 91T is titled “Rules of procedure.”

This section is about the appointment, composition, and functions of the Co-operative Conflict Resolution Commission.

This section is titled “Right to information.”

An authority may enter and search only under warrant.

This provision heading indicates rules about powers to enter and search, conduct of entry and search, and related intergovernmental relations topics.