(1) Subject to the other provisions of this section, any two or more registered trade unions may, in accordance with their respective constitutions, amalgamate together as one trade union, with or without dissolution of their funds, or form a federation of trade unions.

            (2) Trade unions that have formed an amalgamation in terms of subsection (1), shall inform the Registrar, in writing, of such amalgamation within 14 days of it taking place.

            (3) No registered trade unions shall amalgamate together as one trade union or form a federation of trade unions unless a general meeting of each of the trade unions resolves, by secret ballot conducted in the prescribed manner, that the trade union be authorized to do so and the resolution receives the affirmative votes of at least-

     (a)     two-thirds of the members of the trade union for the time being qualified to vote; and

     (b)     half of the members of the trade union for the time being qualified to vote who are less than three consecutive months in arrears in payment of their dues to the trade union as required by its constitution.

            (4) If any question arises whether, for the purposes of this section, a member of the trade union is or is not for the time being qualified to vote or is or is not less than three consecutive months in arrears in payment of his dues to the trade union as required by its constitution, the question shall be determined by the executive committee of the trade union.

46.     Registration of amalgamation of registered trade unions

            (1) Every amalgamation of registered trade unions shall be registered in accordance with this Act.

            (2) Notwithstanding section 45, no resolutions of general meetings of registered trade unions authorizing the trade unions to amalgamate together as one trade union shall be acted upon unless the proposed amalgamation has been registered under this Act.

            (3) Except as provided by this section, the provisions of this Act in respect of the registration of a trade union shall apply to an amalgamation or proposed amalgamation of registered trade unions.

            (4) Following resolutions such as are referred to in subsection (2), an application shall forthwith be made to the Registrar for the registration of the proposed amalgamation under this Act.

            (5) Every application such as is referred to in subsection (4) shall be-

     (a)     in writing containing such particulars as may be prescribed;

     (b)     signed by the principal secretary and 10 members of each of the registered trade unions proposing to amalgamate; and

     (c)     accompanied by one copy of each of the resolutions by which the registered trade unions in question were authorized to amalgamate authenticated under the hand of the principal secretary of the trade union in question.

            (6) If the Registrar is satisfied that section 45 has been complied with and that the proposed amalgamation of registered trade unions is entitled to registration under this Act, he shall register the proposed amalgamation in such manner as the Minister may direct and the amalgamation thereafter formed in conformity therewith shall be deemed to be registered as a trade union in accordance with this Act and to have effect from the date of such registration.

            (7) Where any person is aggrieved by the refusal of the Registrar to register a proposed amalgamation of registered trade unions, that person may appeal against the refusal to the High Court and section 13 shall apply, with all necessary modifications, to the appeal.

47.     Amalgamation not to prejudice rights

            An amalgamation of two or more registered trade unions shall not prejudice any right of either or any of the trade unions or any right of a creditor of either or any of them.