(1) The Minister may, whenever he considers it necessary in the public interest so to do, by notice in the Gazette, call on any registered trade union to produce for his inspection, or for the inspection of any other person so authorized in the notice, all or any of the books or documents of the trade union.

            (2) Where, in relation to any registered trade union, it appears to the Minister that-

     (a)     ...

     (b)     ...

     (c)     that the affairs of the trade union are being conducted in a manner prejudicial to the financial interests of the members thereof, he may, by notice published in the Gazette, call on the trade union to produce for his inspection, or the inspection of any person so authorized in the notice, all or any of the books and documents of the union, or to furnish in writing such information or explanation as may be specified in the notice.

            (3) Where a notice is published in the Gazette under subsection (1) or subsection (2), the trade union concerned shall comply with the terms thereof within such time as may be specified in the notice, and all persons who are or have been officers of the union shall, so far as it lies within their power, produce such books or documents, or furnish such information or explanation.

            (4) Where a trade union fails to comply with any requirement under subsection (3) the union and any officer of the union who is in default shall be guilty of an offence and liable to a fine of P500, and where any officer or former officer of the union fails to comply with any requirement imposed on him as an individual under the said subsection, he shall also be guilty of an offence and liable to a fine of P500.

            (5) If, after the receipt and consideration of such books, documents, information or explanations as are required under the provisions of this section, the Minister considers such action to be necessary or desirable, he may appoint an investigator and proceed in accordance with the provisions of section 50, but whether or not he appoints an investigator, where it appears to him, as a result of such investigation or otherwise, that-

     (a)     any person may have committed an offence for which he is criminally liable, the Minister may refer the matter to the Director of Public Prosections for such further action as the Director of Public Prosections considers necessary;

     (b)     the registration of any trade union ought to be cancelled, the Minister may direct the Registrar to cancel the registration of that union; or

     (c)     proceedings ought, in the public interest, to be brought by any trade union against any officer or former officer of such union, or any other person, or against any person to recover property, damages or compensation to which any trade union or member of a trade union is entitled, the Minister may direct the Registrar to bring proceedings for that purpose in the name of that trade union or member.

50.     Appointment of investigator

            (1) The Minister may appoint an investigator to investigate and report to him, in such manner as he may direct, on the financial affairs of any trade union, in accordance with the provisions of section 49(5), or he may appoint such an investigator upon application being made therefor by the Registrar, or upon application being made therefor by not less than six members of such trade union:

            Provided that-

     (a)     the Minister shall not entertain an application under this subsection unless at least fourteen days prior notice thereof has been given to the trade union concerned, which shall be entitled to be represented at the hearing and to give evidence and call witnesses; and

     (b)     in the case of an application being brought by members of a trade union, the application shall be supported by such evidence as may be necessary to show that the applicants have good reason to require an investigation, and at least fourteen days prior notice of the application has been given to the Registrar, who shall be entitled to be represented at the hearing, and to give evidence and call witnesses.

            (2) The Minister may, on the recommendation of an investigator appointed under subsection (1), order the investigation of any other trade union or person which or who is, or has at any time been associated with the trade union under investigation, and the investigator shall thereafter investigate and report on the financial affairs of such other trade union so far as he considers that they are relevant to the investigation into the affairs of the trade union under investigation.

            (3) It shall be the duty of all officers and agents of any trade union or of any other person whose financial affairs are investigated under the provisions of the previous subsections, to produce to the investigator all books or documents of or relating to the trade union or other person, as the case may be, which are in their custody or power, and otherwise to give to the investigator all assistance in connection with the investigation which they are reasonably able to give.

            (4) The investigator may examine on oath the officers or agents of the trade union concerned, or the other person concerned, as the case may be, in relation to the constitution of the union, its administration, financial affairs or activities, and may administer an oath accordingly.

            (5) If an officer or agent of the trade union or other person concerned destroys or refuses to produce to the investigator any book or document which it is his duty to produce under this section, or who refuses to answer any question put to him by the investigator in respect of the constitution, administration, financial affairs or other activities of the trade union or other person, as the case may be, he shall be guilty of an offence and liable to a fine of P1 000 and to imprisonment for one year.

            (6)(a) If the investigator considers it necessary for the purposes of an investigation under this Act that a person whom he has no power to examine on oath should be so examined, he may apply to the High Court, and the High Court may thereupon order that person to attend before it and be examined on oath on any matter relevant to the investigation.

            (b) On an examination under this subsection the investigator may take part therein, either personally or by an advocate, and any person examined shall answer all questions that are put or allowed to be put to him by the High Court.

            (c) Such person may, by a statement made by him personally, or in answer to questions put to him, with the approval of the Court, by an advocate employed by him at his own cost, explain or qualify any answers given by him under paragraph (b).

            (d) Notes of the examination and any explanations or qualifications made by the person examined shall be taken down in writing and shall be read over to and signed by him, and may thereafter be used in evidence against him.

            (7) Notwithstanding the provisions of subsection (6)(c), the High Court may allow the person examined such costs as it considers just in all the circumstances, and any such costs allowed shall be paid as part of the expenses of the investigation.

            (8) The investigator shall, at the conclusion of the investigation, make a final report to the Minister, and the Minister, shall, unless in his opinion it is not in the public interest so to do-

     (a)     forward a copy of the report to the trade union concerned;

     (b)     forward a copy of the report, on request, to any member of the trade union concerned who was one of the applicants as a result of whose application the investigation was undertaken;

     (c)     forward a copy of the report, on request and on payment of any reasonable fee therefor, to any member of the trade union concerned, or to any other person whose affairs are investigated in the report; and

     (d)     cause a copy of the report to be published in the Gazette.

            (9) A copy of the report as published in the Gazette shall be admissible, in any legal proceedings, as evidence of the opinion of the investigator in relation to any matter contained in the report.

            (10) For the purposes of this section, any reference to officers or to agents of a trade union shall be deemed to include past as well as present officers or agents, as the case may be, of the trade union.

51.     ...

52.     Application of Part of federations of trade unions

            The provisions of this Part relating to the financial investigation of trade unions shall apply, mutatis mutandis, to the investigation of federations of trade unions.