Sugar Act, 1978 (Act No. 9 of 1978) Sugar Industry Agreement, 2000 Chapter 1 : Introduction and Scope of Agreement 1. Definitions

 

In this agreement any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates—

 

(i) “the Act”

means the Sugar Act, 1978 (Act No. 9 of 1978);

 

(ii) “Administration Board”

means the Sugar Industry Administration Board referred to in clause 10;

 

(iii) “Appeals Tribunal”

means the Sugar Industry Appeals Tribunal referred to in clause 22;

 

(iv) “Cane Testing Service”

means the cane testing service referred to in clause 134;

 

(v) “contracted”

when used in the context of the supply of cane by growers to mills means the obligation of a grower to supply cane and the corresponding obligation of a mill to accept cane in terms of a contract between the mill and the grower concerned, including a deemed contract referred to in clause 106;

 

(vi) “control area”

means a geographical area from time to time delineated by the South African Sugar Association and notified to the Administration Board;

 

(vi)A. “Co-operation Agreement”

means a binding written agreement concluded for each season and signed by 1 April of each year by all the Local Grower Structures representing growers contracted to deliver cane to a particular mill for that season in terms of which the Local Grower Structures agree:

[Definition (vi)A. inserted by section 1(a) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

(vii) “crush mill”

means the home mill of a grower or, if arrangements at any time exist for the diversion of deliveries of the grower's cane to another mill, means such other mill at that time;

 

(viii) “export market”

includes all territories, other than the local market and “export” bears a corresponding meaning;

 

(ix) “Growers' Association”

means SACGA and SAFDA;

[Definition (ix) substituted by section 1(b) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

(x) “growers' register”

means the register referred to in clause 69;

 

(xi) “home mill”

in relation to a grower, means the mill to which the grower is at the time bound to deliver cane under a contract, whether of a long term or short term duration;

 

(xii) “industry obligations”

means expenditure incurred by or at the instance or with the approval of the South African Sugar Association referred to in clause 177 and includes all expenses which in terms of this agreement are industry obligations;

 

(xiii) “Local Grower Structures/s”

means the structure/s established by SACGA and SAFDA and which are hereby deemed to be authorised to represent all growers contracted to deliver cane to a particular mill;

[Definition (xiii) substituted by section 1(c) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

(xiv) “local market”

means the geographical area falling within the borders of the Republic of South Africa and the states of Swaziland, Namibia, Lesotho and Botswana;

 

(xv) “Local Pest, Disease and Variety Control Committee”

means a committee referred to in clause 88;

 

(xvi) “member”

in relation to the Administration Board or the Appeals Tribunal, includes an alternate member of that body;

 

(xvii) “mill”

means a particular sugar mill, and includes the miller in respect of that mill only;

 

(xviii) “Millers' Association”

means the South African Sugar Millers' Association NPC and its successors in title;

[Definition (xviii) substituted by section 1(d) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

(xix) “Mill Group Board”

means a board referred to in clause 50;

 

(xx) “Official Methods Manual”

means the manual referred to in clause 135 as amended from time to time;

 

(xxi) “out of season cane”

means any cane for which special deliveries to a mill other than the home mill or crush mill of a grower are necessitated, at any time between the closing of the home mill or crush mill of such grower at the conclusion of its crushing season and its opening at the commencement of the ensuing season, by reason of damage by frost, fire, drought, flood, pest or disease;

 

(xxii) “recoverable value”

means the mass of recoverable content of cane delivered by a grower to a mill for crushing, which mass represents recoverable sugar moderated by the value of recoverable molasses of such cane, taking into account adjustments in respect of the sucrose, non-sucrose and fibre content thereof, and which mass of recoverable content shall be calculated in terms of the procedures contained in the Official Methods Manual;

 

(xxiii) “SACGA”

means the South African Cane Growers’ Association NPC and its successors in title;

[Definition (xxiii) inserted and renumbered by section 1(e) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

(xxiv) “SAFDA”

means the South African Farmers’ Development Association and its successors in title;

[Definition (xxiv) inserted and renumbered by section 1(e) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

(xxv) “Sasexcor”

means S.A. Sugar Export Corporation (Proprietary) Limited;

 

(xxvi) “season” or “crushing season”

in relation to a mill, means the period, in each year, that a mill is open for the acceptance of cane delivered from growers for crushing at the mill;

 

(xxvii) “sugar beet” or “beet”

means, botanically, an annual root crop of the species Beta Vulgaris, grown specifically for the production of sucrose from the roots which constitute a raw material which may be delivered by a grower to a mill for processing;

 

(xxviii) “sugar beet mill”

means a mill which produces sugar exclusively from sugar beet and includes the miller in respect of that mill only;

 

(xxix) “sugar cane” or “cane”

means, botanically, a tall grass of the genus Saccharum, agriculturally, a crop produced from hybrids which are the progeny of a number of Saccharum species commonly referred to as cane and, specifically, the raw material which may be delivered by a grower to a mill for processing;

 

(xxx) “ton”

means a metric ton and “tonnage” has a corresponding meaning;

 

(xxxi) “Union Co-op”

means the Union Co-operative Limited;

 

(xxxii) “year”

means a period of twelve months commencing on the first day of April.