| 130. | If there is more than 1 Local Grower Structure representing growers contracted to deliver cane to a particular mill, then an agreement in terms of clause 130A may only be concluded and deductions in terms of clause 132A may only be made from cane proceeds, if and when those Local Grower Structures conclude a Co-operation Agreement |
[Clause 130 inserted and renumbered by section 1(n) of Notice No. R. 700, GG43466, dated 23 June 2020]
| 130A. | After conclusion of a Co-operation Agreement, where applicable, the Local Grower Structure/s may negotiate with a mill on behalf of all the growers contracted to deliver cane to such mill in relation to— |
[Words preceding paragraph (a) substituted by section 1(o) of Notice No. R. 700, GG43466, dated 23 June 2020]
| (a) | any agreement the mill may wish to enter into in relation to the length of its milling season; |
| (b) | the payment of compensation by the growers concerned to the mill concerned or by the mill concerned to the growers concerned if the milling season is extended beyond the agreed length thereof; |
| (c) | cane quality schemes and by-product payment schemes which may be offered to the growers concerned generally; |
| (d) | the liability of a grower concerned for damages or a penalty if such grower fails, without good cause, to deliver cane to such mill in accordance with such grower’s cane delivery estimate; |
| (e) | any other matter relative to cane deliveries or cane supply which is of general application to all the growers concerned; and |
| (f) | the continuing application of any specific provision of any cane supply or similar agreement subsisting between the mill concerned and a grower at the time this agreement comes into force and that may otherwise fall away or be superseded according to clause 131. |
[Clause 130A renumbered by section 1(n) of Notice No. R. 700, GG43466, dated 23 June 2020]
| 131. | Any agreement resulting from such negotiation shall be binding on the mill concerned and all growers concerned. Any such agreement shall be supplementary to the provisions of any cane supply or similar agreement that may subsist between the mill concerned and a particular grower: Provided that if there is any conflict between the provisions of any such cane supply or similar agreement and any agreement concluded in terms of clause 130, the provisions of the latter agreement shall prevail, save as may otherwise be agreed in terms of clause 130(f). Any agreement concluded in terms of clause 130A, including agreements concluded by the Local Grower Councils which preceded the Local Grower Structure/s (and for clarity, the Local Grower Council was previously defined in this agreement as the Local Grower Council referred to in SACGA’s Memorandum of Incorporation “representing growers contracted to deliver cane to a particular mill”), remains binding until it is replaced another agreement concluded in terms of clause 130A. |
[Clause 131 substituted by section 1(p) of Notice No. R. 700, GG43466, dated 23 June 2020]
| 132. | If any dispute arises between a mill and a grower in relation to an agreement negotiated between the mill and a Local Grower Structure/s, either party may refer the dispute to the Appeals Tribunal for determination. |
[Clause 132 substituted by section 1(q) of Notice No. R. 700, GG43466, dated 23 June 2020]
| 132A. | The ordinary expenses for the performance of the functions of each Local Grower Structure in terms of this agreement, as agreed in terms of a Co-operation Agreement if applicable, shall be financed by each grower contracted to deliver cane to a mill. After conclusion of a Co-operation Agreement if applicable, every grower contracted to deliver cane to a particular mill shall be deemed to have authorised that mill to make a deduction from his cane proceeds to fund the Local Grower Structure/s’ ordinary expenses, and the Local Grower Structure/s may by written notice to the mill, require the mill to: |
| (a) | deduct the amount stipulated in that notice from the cane proceeds payable to each grower (which amount may not exceed the amount agreed in terms of the agreement concluded in terms of clause 130); and |
| (b) | pay the amount deducted to the Local Grower Structure/s, in the proportions agreed in any applicable Co-operation Agreement, provided that the Local Grower Structure/s shall use the amounts so recovered to perform their functions in terms of this agreement. |
[Clause 132A inserted by section 1(r) of Notice No. R. 700, GG43466, dated 23 June 2020]
