Sugar Act, 1978 (Act No. 9 of 1978)Sugar Industry Agreement, 2000Chapter 4 : Cane Delivery Estimates97 - 103. Cane Delivery Estimates |
| 97. | Each Mill Group Board shall, after consultation with the growers and mill concerned, and subject to the provisions of this agreement, from time to time make rules for the taking out of cane delivery estimates by growers who are contracted to supply cane to the mill, and for the better performance of its functions. |
| 98. | A grower shall, whenever so requested by his Mill Group Board, submit an estimate of the cane which he or she proposes to deliver to the relative mill during the crushing season in each year and all such estimates shall be made in good faith and the grower shall, with due regard to a mill's obligation to accept deliveries of cane, use his or her best endeavours to compile his or her cane delivery estimates with reasonable accuracy. |
| 99. | Reductions or increases in a grower's cane delivery estimates shall be permitted only in accordance with the rules determined by his or her Mill Group Board in accordance with the provisions of clause 97. |
| 100. | By not later than 30 September in each year, or such earlier date as is agreed upon by the Mill Group Board and the mill concerned, or such later date as may, with the approval of the South African Sugar Association, be so agreed, each grower contracted to deliver cane to the relative mill shall be required to submit to the Mill Group Board a cane delivery estimate relative to the current season, which shall constitute an undertaking by the grower to deliver the mass of cane indicated in the estimate and after that date the grower may only increase or reduce his or her undertaking, on good cause shown, to the extent permitted by the relative Mill Group Board and the mill concerned. The words “good cause” in this clause shall be construed as including agronomic and such other factors and circumstances as may be considered appropriate. |
| 101. | If the Mill Group Board and the mill concerned cannot agree on a date other than 30 September, either party may refer the matter to the Administration Board for adjudication. |
| 102. | It shall be the duty of each Mill Group Board to take out at regular intervals and in accordance with its rules, estimates of cane which the growers concerned propose to deliver during the crushing season and to advise the Administration Board, the growers and the mill concerned of the estimates. Mills shall not be liable for incorrect estimates made by Mill Group Boards. |
| 103. | Mill Group Boards may determine any question relating to growers' estimates of production not specifically provided for in this agreement. |