Cap. 452 Art. 21AEmployment Agencies Guarantee Fund.

(1) There shall be established an Employment Agencies

Guarantee Fund (hereinafter referred to as the "Agencies Guarantee

Fund") for the purpose of providing compensation to any employee of any temporary work agency or outsourcing agency, as the case may be, whose employment is terminated because of the revocation or non-renewal of the licence in terms of the provisions of any applicable regulations, which Agencies Guarantee Fund shall be regulated and administered in such manner as the Minister may prescribe.

(2) The Minister may, after consultation with the Minister for Finance and with the Board, prescribe regulations for the purpose of giving better effect to the provisions of this article. Without prejudice to the generality of the foregoing, such regulations may establish:

(a) the manner in which the Agencies Guarantee Fund shall be set up and funded;

(b) the level of proof required for funds to be utilised;

(c) the manner in which the Agencies Guarantee Fund shall be administered;

(d) the manner and the circumstances in which the funds may be utilised;

(e) the right of the Agencies Guarantee Fund to claim reimbursement of any amounts so paid; and

(f) the measures and procedures that may be required in order to prevent abuse.

(3) The Agencies Guarantee Fund shall have a distinct legal personality and shall be capable of entering into contracts, of suing and being sued, and doing all such things and entering into such transactions as are incidental or conducive for the fulfilment of its objectives, as may be prescribed by the Minister.

(4) The Agencies Guarantee Fund shall be empowered to collect, recover and institute proceedings for the enforcement of the rights vested in it in terms of the provisions of this Act and of any regulations issued thereunder.

(5) The legal and judicial representation of the Agencies Guarantee Fund shall vest in the chairperson of that authority established to administer the Agencies Guarantee Fund or in any other person as the Agencies Guarantee Fund may authorise for this purpose.