• Co-operatives Act, 2005 (Act No. 14 of 2005)
  • Notice No. 832 of 2005
  • Act
  • Preamble
  • Chapter 1 : Definitions, Purpose and Application of Act
    • 1. Definitions and interpretation
    • 2. Purpose of Act
    • 3. Compliance with co-operative principles
    • 4. Forms and kinds of co-operatives
    • 5. Application of Act
    • 5A. Application of Co-operative Banks Act
  • Chapter 2 : Registration, Constitution, Powers of Co-operative and Registered Office and Record Keeping by Co-operative
    • Part 1 : Application to register and name
      • 6. Application to register co-operative
      • 7. Registration of co-operative
      • 8. Effect of registration
      • 9. Pre-incorporation contract
      • 10. Name of co-operative
      • 11. Directive from registrar to change name
      • 12. Unlawful use of words required to be part of the name of a co-operative
    • Part 2 : Constitution and functions of co-operative
      • 13. Constitution of co-operative
      • 14. Minimum requirements for all co-operative constitutions
      • 14A. Associate members
      • 15. Provisions where members are required to hold shares
      • 15A. Categories of primary co-operatives
      • 16. Provisions for secondary and tertiary co-operatives and the national apex co-operative
      • 16A. Functions of the national apex co-operative
      • 17. Consequences of invalidity
      • 18. Amendment to constitution
      • 19. Restrictions on functions of co-operatives
    • Part 3 : Registered office and record keeping by co-operative
      • 20. Registered office of co-operative
      • 21. Record keeping by co-operative
      • 22. Access to information
  • Chapter 3 : Membership of Co-operatives
    • 23. Liability of members
    • 24. Withdrawal of membership
    • 25. Repayment of membership, member loan or membership share
    • 26. Powers of registrar in case of reduced number of members
    • 26A. Annual submission to registrar
  • Chapter 4 : General Meetings
    • 27. Structure for decision making
    • 28. General meetings
    • 29. Annual general meetings
    • 30. Representation at meetings
    • 31. Minutes of general meetings
  • Chapter 5 : Governance of Co-operatives
    • 32. Board of directors
    • 33. Appointment of directors
    • 34. Meetings and resolutions of board of directors
    • 35. Minutes of meetings of board of directors
    • 36. Board of directors may delegate functions to director or committee or manager
    • 37. Disclosure of interest
    • 38. Acceptance of commission, remuneration or reward prohibited in certain circumstances
    • 39. Returns relating to directors
  • Chapter 6 : Capital Structure
    • 40. Capital of co-operative
    • 41. Membership shares
    • 42. Issue of certificates in respect of membership shares or member loans
    • 43. Funds of members
    • 44. Patronage proportion
    • 45. Prohibited and permitted loans and security
    • 46. Reserves for co-operatives
  • Chapter 7 : Audited Reports and Independent Reviewed Reports of Co-operatives
    • 47. Audited report
    • 48. Consideration of audited or independent reviewed reports
    • 49. Auditor and independent reviewer disqualified from acting
    • 50. Appointment and termination of auditor or independent reviewer
    • 51. Removal of auditor or independent reviewer
    • 52. Attendance of meeting by auditor or independent reviewer
    • 53. Right to information
    • 54. Notice of error
    • 55. [Repealed] Exemptions
  • Chapter 8 : Amalgamation, Division, Conversion and Transfer
    • 56. Amalgamation
    • 57. Approval of amalgamation
    • 58. Effect of registration of amalgamated co-operative
    • 59. Division of co-operatives
    • 60. Approval of division
    • 61. Effect of registration of co-operatives constituted in terms of division
    • 62. Conversion of co-operative to any other form of juristic person
    • 63. Transfers
    • 64. Protection of creditors
    • 65. Registration of property upon amalgamation, division, conversion or transfer
    • 66. Application to convert company into co-operative
    • 67. Consideration of application
    • 68. Effects of incorporation of company as co-operative
    • 69. Special provision relating to company which has given an undertaking under section 66(3)
    • 70. Registrar to give notice of conversion to Registrar of Companies
    • 70A. Fees for amalgamation, division, conversion or transfer
  • Chapter 9 : Winding-up or De-registration
    • 71. Modes of winding-up
    • 71A. Voluntary winding-up
    • 72. Winding-up by order of court
    • 72A. Application for declaratory order
    • 72B. Winding-up by order of Tribunal
    • 73. [Repealed] Winding-up or de-registration by order of Minister
    • 74. [Repealed] Admission and proving of claims against co-operative being wound up
    • 75. [Repealed] Distribution account
    • 76. [Repealed] Contribution account
  • Chapter 10 : Judicial Management
    • 77. Judicial management
  • Chapter 11 : Administration of Act
    • 78. Registrar of Co-operatives
    • 79. Seal and official stamp of registrar
    • 80. Register of co-operatives to be kept by registrar
    • 81. Submission of documentation to registrar
    • 82. Inspection of documents
    • 83. Form of records kept may be prescribed
    • 84. Investigation by registrar
  • Chapter 12 : Co-operatives Advisory Council
    • 85. Establishment of Co-operatives Advisory Council
    • 86. Functions of Advisory Council
    • 87. Members of Advisory Council
    • 88. Term of office and conditions of service of members of Advisory Council
    • 89. Meetings of Advisory Council
    • 90. Public hearings
    • 91. Accountability to Parliament
  • Chapter 12A : Co-operatives Development Agency
    • Part 1 : Establishment, legal status, functions and powers of Agency
      • 91A. Establishment of Co-operatives Development Agency
      • 91B. Objectives of Agency
      • 91C. Functions of Agency
      • 91D. Functions of Agency in respect of satellite offices of Agency
      • 91E. General powers of Agency
      • 91F. Reporting by Agency
    • Part 2 : Funding and financial management of Agency
      • 91G. Funding of Agency
      • 91H. Annual budget and strategic plan
      • 91I. Financial management, financial statements and annual report
    • Part 3 : National government oversight and executive authority
      • 91J. Executive authority
      • 91K. Information
  • Chapter 12B : Co-operatives Tribunal
    • 91L. Establishment, legal status and composition of Co-operatives Tribunal
    • 91M.  Appointment and composition of Tribunal
    • 91N. Functions of Tribunal
    • 91O. Prohibition on Tribunal
    • 91P. Appointment and composition of investigators, inspectors or inspectorate
    • 91Q. Adjudication of hearings before Tribunal
    • 91R. Right to participate in hearing
    • 91S. Powers of Tribunal in adjudicating hearing
    • 91T. Rules of procedure
    • 91U. Witnesses
    • 91V. Appointment, composition and functions of Co-operative Conflict Resolution Commission
    • 91W. Right to information
    • 91X. Summons
    • 91Y. Authority to enter and search under warrant
    • 91Z. Powers to enter and search
    • 91AA. Conduct of entry and search
    • 91BB. Compromise between co-operative and creditors
  • Chapter 12C : Intergovernmental Relations
    • 91CC. Applicability of intergovernmental relations framework policies and legislation
    • 91DD. Intergovernmental structures
    • 91EE. Functions of intergovernmental structures
    • 91FF. Administrative and procedural arrangements
    • 91GG. Establishment, composition and functions of Inter-Provincial Coordination Committee on Co-operatives
    • 91HH. Establishment of Provincial Interdepartmental and Municipal Coordinating Structure
    • 91II. Dispute and conflict resolution
    • 91JJ. Framework for intergovernmenal relations
  • Chapter 13 : Miscellaneous Provisions
    • 92. Offences
    • 93. Appeal to Minister
    • 94. Exclusion
    • 94A. Reporting, monitoring, evaluation and assessment
    • 94B. Co-operative Policy, Legislation, Strategy and Administrative Support
    • 95. Regulations
    • 96. Delegation by Minister
    • 97. Transitional provisions
    • 98. Repeal of laws and savings
    • 99. Short title and commencement
  • Schedules
    • Schedule 1 : Special Provisions
      • Part 1 : Housing Co-operatives
        • 1. Application of Schedule
        • 2. Name
        • 3. Constitution of housing co-operative
        • 4. Use agreements
        • 5. Termination of membership
        • 6. Application of other legislation
      • Part 2 : Worker Co-operatives
        • 1. Application of this Part
        • 2. Name
        • 3. Requirements of constitution
        • 4. Termination of membership
        • 5. Laid-off member
        • 6. Application of labour legislation
      • Part 3 : Financial Services Co-operatives
        • 1. Application of this Part
        • 1A. Name of co-operative
        • 2. Requirements of constitution
        • 2A. Co-operatives Banks Act
        • 3. Insurance legislation
        • 4. Medical Schemes Act
        • 5. Friendly Societies Act
        • 5A. Application of Co-operative Banks Act
        • 6A. Exemption
        • 7. Regulations
        • 8. Definitions
      • Part 4 : Agricultural Co-operatives
        • 1. Application of this Part
        • 2. Name
        • 3. Objectives of agricultural co-operative
        • 4. Security for production credit and loans
        • 5. Definitions
      • Part 5 : Social Co-operatives
        • 1. Application of this Part
        • 2. Requirements of constitution
        • 3. Surplus
        • 4. Termination of membership
        • 5. Definitions
    • Schedule 2 : Laws Repealed
      • Laws Repealed by Section 98
• Regulations
  • [Repealed] Regulations under the Co-operatives Act, 2005
  • Co-operatives Administrative Regulations, 2016
    • Notice No. R. 593 of 2019
    • Chapter 1 : Co-operative Registration and Support
      • Part 1 : Co-operative Registration, Governance and Maintenance
        • 1. Repeal of previous Regulations
        • 2. Definitions
        • 3. Electronic services
        • 4. Seal of Office of the Registrar
        • 5. Documents
        • 6. Preservation of records
        • 7. Checking and verification of correctness of documents
        • 8. Office hours
        • 9. Forms, fees and penalties
        • 10. Manner, proof and date of payment
        • 11. Inspection of documents
        • 12. Name reservation
        • 13. Registration of primary, secondary and tertiary co-operative and the national apex co-operative
        • 14. Certificate of registration and registration number
        • 15. Amendment of constitution (Section 18), Form CO-OP 6.1
        • 16. Notice of registered office of co-operative
        • 17. Returns relating to directors and register of members
        • 18. Reserves for Co-operatives
        • 19. Monetary thresholds for primary co-operatives
        • 20. Submission of audited report, independent reviewed report and annual report (sections 47 and 48)
        • 21. Annual submission of information to the registrar (annual return) with duly completed Form CO-OP 8 (section 26A)
          completed Form CO -OP 8 (section 26A)
        • 22. Notice of error or misstatement in financial statements
        • 23. Special resolution for voluntary winding up
        • 24. Functions of the national apex co-operative
        • 25. Application for exemption from labour legislation in respect of employees of worker co- operatives
        • 26. Grounds for exemption of workers from labour legislation
        • 27. Certificate of exemption of workers co-operatives from labour legislation
      • Part 2 : Financial Reporting Framework for Co-operatives
        • 28. Interpretation of regulations on financial reporting 
        • 29. Financial year and accounting records
        • 30. Financial Reporting Framework
        • 31. Audit, independent review and approval of social and management decision reports
        • 32. Reporting of reportable irregularity by an independent reviewer or auditor
        • 33. Social Report
        • 34. Management Decision Report
      • Part 3 : Co-operatives Tribunal
        • 35. Interpretation of regulations on co-operatives tribunal
        • 36. Application to Tribunal
        • 37. Answering and replying affidavits
        • 38. Amending documents
        • 39. Completion of file
        • 40. Late filing, extension and reduction of time
        • 41. Pre-hearing conferences
        • 42. Other powers of members at pre-hearing conferences
        • 43. Settlement conference
        • 44. Initiating consent hearings
        • 45. Consent hearings
        • 46. Representation of parties
        • 47. Joinder or substitution of parties
        • 48. Interveners
        • 49. Summonsing witnesses
        • 50. Witness fees
        • 51. Interpreters and translators
        • 52. Withdrawals and postponements
        • 53. Set down of matters
        • 54. Matters struck off
        • 55. Default orders
        • 56. Conducting a hearing
        • 57. Record of hearing
        • 58. Costs and taxation
      • Part 4 : Co-operative Development and Support Structures
        • 59. Support of different kinds of co-operatives [Section 95(2)]
        • 60. Effective coordination across government [Section 2(i)]
        • 61. Co-operative development support programmes contemplated in sections 86(d) and 95(1)(j)
        • 62. Targets for support programmes [section 2]
        • 63. Reporting, Monitoring, Evaluation and Assessment by Institutions established or recognised under the Act
        • 64. Framework for Intergovernmental relations in respect of co-operatives
    • Chapter 2 : Winding-Up and Judicial Management of Co-operatives
      • Part A : Winding-Up of Co-operatives
        • 65. Definitions for Chapter
        • 66. Suspension of certain proceedings pending decision of application for winding-up order
        • Provisional winding-up
          • 67. Provisional winding-up order
          • 68. Functions of provisional liquidator
          • 69. Effects of provisional winding-up order
          • 70. Commencement of winding-up
          • 71. Effects of winding-up on status of co-operative and on Board of directors
          • 72. Persons responsible for the performance of duties of co-operatives being wound-up
          • 73. Effects of winding-up on legal proceedings
          • 74. Issue, transfer or cancellation of shares in co-operative being wound up
          • 75. Effects of winding-up on assets of co-operative
          • 76. Notice of voluntary winding-up to be given to registrar
          • 77. Inventory of assets and liabilities to be submitted to registrar by co-operative
        • Liquidators
          • 78. Appointment of liquidators
          • 79. Giving of security by liquidator
          • 80. Notice of appointment of liquidator
          • 81. Remuneration of liquidator
          • 82. Plurality of liquidators, liability and disagreement
          • 83. Control of registrar over liquidators
          • 84. Removal from office of liquidator
          • 85. Circumstances under which winding-up may be carried out without liquidator
        • Functions of liquidators
          • 86. Inventory of assets and liabilities to be submitted to registrar by liquidator 
          • 87. General duty of liquidator
          • 88. Banking account and investments
          • 89. Register to be kept by liquidator
          • 90. Powers of liquidator
          • 91. Realisation of movable assets in possession of creditors as security
          • 92. Assets acquired by co-operative under hire -purchase contract
        • Voidable dispositions
          • 93. Disposition not for value
          • 94. Voidable preferences
          • 95. Collusive dealings to prejudice creditors or to prefer certain creditors above others
          • 96. Voidable set-off
          • 97. Interested person may make application to court on behalf of liquidator
        • Admission and proving of claims
          • 98. Admission and proving of claims against co-operative being wound up
        • Liquidation, trading, distribution and contribution accounts and application of proceeds
          • 99. Submission of certain accounts to registrar
          • 100. Liquidation account
          • 101. Application of proceeds of assets which served as security
          • 102. Application of proceeds after payment of secured claims
          • 103. Tacit hypothecs
          • 104. Certain mortgage bonds not to confer preference
          • 105. Ranking of mortgage bonds for future debts
          • 106. Trading account
          • 107. Distribution account
          • 108. Disposal of small residues
          • 109. Contribution account
          • 110. Inspection of liquidation, distribution or contribution account by interested persons
          • 111. Objections against liquidation, distribution or contribution account
          • 112. Amendment of liquidation, distribution or contribution account
          • 113. Appeal to court against registrar's decisions
          • 114. Confirmation of liquidation, distribution or contribution account
          • 115. Payments in terms of liquidation or distribution account and recovery of contribution
          • 116. Disposal of unclaimed payments
          • 117. Recovery of contribution
        • General provisions
          • 118. Summoning and examination of persons concerning affairs of co-operative being wound up
          • 119. Co-operative struck off register
          • 120. Release of liquidator
          • 121. Disposal of books and documents
      • Part B : Judicial Management of Co-operatives
        • 122. Circumstances in which co-operatives may be placed under judicial management
        • 123. Provisional judicial management order
        • 124. Custody of property and appointment of provisional judicial manager on granting of judicial management order
        • 125. Effect of provisional judicial management order
        • 126. Functions of provisional judicial manager
        • 127. Purpose of meetings convened under regulation 126(b)
        • 128. Return day of provisional judicial management order and powers of court
        • 129. Effect of final judicial management order
        • 130. Functions of final judicial manager
        • 131. Application of assets during judicial management
        • 132. Position of auditor in judicial management
        • 133. Application to judicial management of certain provisions on winding -up
        • 134. Cancellation of judicial management order
        • 135. Remuneration of provisional and final judicial manager
        • 136. Short title
    • Schedules
      • Schedule 1 : Fees
      • Schedule 2 : Remuneration of liquidators
      • Schedule 3 : Co-op forms
        • Form Co-op 1 : Application for registration of primary/secondary/tertiary/national apex co-operative
        • Form Co-op 2 : Return relating to director
        • Form Co-op 3 : Notice of addresses and contact particulars of co-operative and changes thereof
        • Form Co-op 4 : Notice of appointment of auditor/independent reviewer and consent to act as or resignation by and removal of auditor/independent reviewer
        • Form Co-op 5 : Application for reservation of name or translated form or shortened form of name
        • Form Co-op 6.1 : Special resolution: Amendment to Constitution
        • Form Co-op 6.2 : Special resolution: Amalgamation
        • Form Co-op 6.3 : Special resolution: Division
        • Form Co-op 6.4 : Special Resolution: Conversion to another juristic person
        • Form Co-op 6.5 : Special Resolution: Transfer
        • Form Co-op 6.6 : Special Resolution: Judicial management
        • Form Co-op 7 : Annual submission to Registrar of financial reports and statements
        • Form Co-op 8 : Annual submission of information to the Registrar
        • Form Co-op 9 : Notice of change of financial year of co-operative
        • Form Co-op 10 : Special Resolution for voluntary winding-up of co-operative
        • Form Co-op 11 : Certificate of registration of a co-operative
        • Form Co-op 12 : Certificate of change of name of co-operative
        • Form Co-op 13 : Certificate of change of name by Directive of Registrar
        • Form Co-op 14 : Application for inspection of documents
        • Form Co-op 15.1 (For Category A1 Primary Co-operatives)
        • Form Co-op 15.2 (For Category A2 Primary Co-operatives)
        • Form CT1 : Application to Co-operative Tribunal
        • Form CT2 : Amendment of application to the Co-operatives Tribunal
        • Form CT3 : Application for late filing or extension of time
        • Form CT4 : Notice of motion for consent order
        • Form CT5 : Application to intervene
        • Form CT6 : Witness summons
        • Form CT7 : Notice of withdrawal
        • Form CT8 : Notice of hearing
  • Principles of Good Governance for Co-operatives
    • Notice No. R. 594 of 2019
    • 1. Introduction
    • 2. Co-operative Identity
    • 3. Governance
    • 4. Members
    • 5. Management of Co-operative
    • 6. Structure for decision making in the co-operative
    • 7. Voting rights
    • 8. Constitution of a co-operative
    • 9. Restrictions on the functions of a co-operative
    • 10. Openness, Transparency and Accountability
    • 11. Capital of Co-operatives
    • 12. Self-Assessment Checklists
• Proclamations
  • Commencement of the Co-Operatives Amendment Act, 2013 (Act No. 6 of 2013)
    • Proclamation No. 14 of 2019