The constituency of THETA shall be determined as follows:
| 8.1 | THETA shall compile and shall maintain from time to time a schedule of employee and employer organisations as defined whose members carry on their business activities or are employed, in the Sector, together with national, provincial and local government departments relevant to the Sector. |
| 8.2 | as at the date of submission of this constitution for approval by the Minister, the employee and employer organisations as defined and relevant government departments in the Sector are set out in Annexure "C" to this constitution; |
| 8.3 | THETA may recognise any new Employees' or Employers' Organisation, which apply for recognition, if it is satisfied that such recognition will make THETA more representative of the employees or employers in the Sector, as the case may be; |
| 8.4 | an application for recognition by an Employers' or Employees' Organisation shall be in such form as may be determined by THETA and shall include: |
| 8.4.1 | details of the applicants' membership within the Sector and, if the applicant is an Employers' Organisation, the number of employees that its members employ within the Sector; |
| 8.4.2 | the reasons the applicant ought to be recognised; and |
| 8.4.3 | any other information that may be required by THETA or on which the applicant relies in support of its application; |
| 8.5 | only Employees' and Employers' Organisations as defined shall be recognised by THETA. The following factors shall be taken into account by THETA in determining whether or not an organisation is as defined and therefore entitled to recognition: |
| 8.5.1 | registration with the Registrar of Labour Relations in terms of the Labour Relations Act; and |
| 8.5.2 | sufficient representation of Designated Groups as contemplated in Section 13(4) of the Act; |
| 8.6 | the name of any recognised Employees' or Employers' Organisation will be removed from the schedule: |
| 8.6.1 | upon the written request of that organisation; or |
| 8.6.2 | by THETA if, after giving the organisation a reasonable opportunity to demonstrate otherwise, THETA is satisfied that the organisation in question no longer enjoys sufficient representation in the Sector or is no longer sufficiently representative of Designated Groups or is not registered with the Registrar of Labour Relations in terms of the Labour Relations Act or no longer satisfies the other criteria for recognition set out in this constitution. In this regard any organisation set out in Annexure "C" which is not registered with the Registrar of Labour Relations in terms of the Labour Relations Act and which is not sufficiently representative of Designated Groups shall have a period of 6 months from the date of publication of this constitution in the Government Gazette to secure such registration and sufficient representativity. Organisations not so registered and sufficiently representative at the expiry of this 6 months period shall have their names removed from the schedule unless it is an association representing organized employers which would be excluded from the above requirement. |
