| 22. | The South African Sugar Association shall establish a tribunal to be known as the Sugar Industry Appeals Tribunal. |
| 23. | The Appeals Tribunal shall consist of— |
| (a) | three persons appointed by the South African Sugar Association; |
| (b) | one person appointed by the Millers' Association; and |
| (c) | two persons appointed by the Growers' Associations, 1 appointed by SACGA and 1 appointed by SAFDA. |
[Clause 23(c) substituted by section 1(g) of Notice No. R. 700, GG43466, dated 23 June 2020]
| 24. | The Millers' Association and the Growers' Association, respectively, may appoint one or more alternate members to act in the place of their respective appointed members of the Appeals Tribunal in the absence or inability to act of such appointees. If either Association appoints more than one alternate, it shall stipulate the order in which appointees shall assume acting office so that the first alternate in the stipulated order who is available to act shall assume temporary office to the exclusion of the others. |
| 25. | The members of the Appeals Tribunal appointed by the South African Sugar Association shall all be persons having, in the opinion of the South African Sugar Association, no direct material pecuniary interests in the sugar industry (“the non industry members”) and no member of the Administration Board shall be eligible to be a member of the Appeals Tribunal while he or she is a member of the Administration Board. |
| 26. | On 31 July of each year, one of the non industry members shall retire from office and his or her office shall be filled with effect from 1 August of that year by a new appointee. The non industry member to retire in each year will be that non industry member who will have been longest in office since his or her last appointment but, as between persons last appointed on the same day, the one to retire shall be determined by lot. |
| 27. | The South African Sugar Association shall designate one of the non industry members as the chairperson of the Appeals Tribunal and one of the other such members as the vice-chairperson thereof. |
| 28. | Each member of the Appeals Tribunal appointed respectively by the Millers' Association and the Growers' Association shall retire from office on 31 July in each year and his or her office shall be filled with effect from 1 August of that year by a new appointee. |
| 29. | In the event of any vacancy occurring in the Appeals Tribunal otherwise than in consequence of the expiration of a member's period of office, the body having appointed the member whose office becomes vacant shall appoint a person to fill that vacancy for the unexpired portion of the period of office of the member in whose place that person is appointed. If any of the non industry members becomes temporarily unable to act, the South African Sugar Association shall appoint a person to act in his or her place as an acting member of the Appeals Tribunal for the duration of the member's inability to act. |
| 30. | A retiring member of the Appeals Tribunal shall be eligible for re-appointment. |
| 31. | The body appointing a member of the Appeals Tribunal may remove that member from office on the ground of the member's improper or irregular conduct or his or her incapacity to perform his or her duties properly. |
| 32. | Each member of the Appeals Tribunal shall receive such fees as may be from time to time determined by the South African Sugar Association. |
