[Section 13 heading substituted by section 13 of Act No. 47 of 2003]
| (1) | Subject to the provisions of this Act, the fund shall be utilized for— |
| (a) | all claims against the fund referred to in section 14 and paid by the council or allowed or established against the fund; |
| (b) | in the discretion of the council, a contribution towards expenses incurred by a claimant for his or her claim; |
| (c) | legal and accounting costs incurred in, and other expenses arising from, the investigation and defence of a claim made against the fund; |
| (d) | [Section 13(1)(d) deleted by section 12 of Act No. 47 of 2003]; |
| (e) | the costs incidental to the control and administration of the fund, including allowances and remuneration paid for this purpose to members of the council and a committee of the council, the registrar and the persons referred to in section 8(2); and |
| (f) | other payments required or permitted to be made out of the fund in terms of this Act. |
[Section 13(1) substituted by section 12 of Act No. 47 of 2003]
| (2) | The council may in its discretion pay an amount out of the applicable fund as interest on the amount of any claim admitted against the fund : Provided that— |
| (a) | the interest shall not run from a date earlier than the date on which the claim was lodged in writing with the council in terms of subsection (3)(a)(i); and |
| (b) | the rate of interest shall not exceed the prevailing rate of interest prescribed under section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975). |
[Section 13(2) substituted by section 12 of Act No. 47 of 2003]
| (3) | Notwithstanding any other provision, no person shall have any claim against the fund— |
| (i) | has lodged it in writing with the council within six months after he or she became aware of the loss, or by the exercise of reasonable care could have become aware thereof; and |
| (ii) | has within three months after having been requested thereto in writing by the council, furnished the council with such proof of that loss as the council may reasonably require; and |
| (b) | if the claimant is a partner, manager, representative, agent, employee or member of the household of the fresh produce agent whose conduct referred to in section 12(5) has caused the loss; |
| (c) | if the loss occurred as a result of the conduct, referred to in section 12(5), of a fresh produce agent whose fidelity has been guaranteed by any person, either in general or in respect of the particular transaction, to the extent to which the transaction is covered by the guarantee; and |
| (d) | if the loss occurred as a result of the conduct, referred to in section 12(5), of a fresh produce agent after such claimant received a written notification from the registrar warning him or her against the employment or continued employment of such fresh produce agent. |
[Section 13(3) substituted by section 12 of Act No. 47 of 2003]
| (4) | A claim for reimbursement contemplated in section 12(5) shall be limited, in the case of money entrusted to a fresh produce agent, to the amount actually handed over, without interest, and, in the case of agricultural produce, to an amount equal to the average market value of such produce on the date when written demand was first made for its delivery, or if there is no average market value, the fair market value as at that date, without interest. |
[Section 13(4) substituted by section 12 of Act No. 47 of 2003]
