| 198. | Despite any other provision of this agreement, during the Transitional Period as contemplated in clause 198.5, words and phrases which are defined in the South African Sugar Association’s Constitution shall have the same meaning in this agreement unless otherwise indicated or clearly apparent from the context and the following words and phrases have the meanings attributed to them in these Transitional Provisions and cognate expressions have similar meanings: |
| 198.1 | MCP means miller cum planter, that is, a grower which is wholly owned by a Milling Group but excluding: |
| 198.1.1 | any venture, without limitation and irrespective of its form, in which growers which are not themselves MCP have any direct interest (including a minority interest) in that venture; |
| 198.1.2 | any venture which operates on communal land, irrespective of whether or not a Milling Group owns that venture; and MCP’s shall only include those MCPs which notify the Administration Board, in writing, that they are MCPs. |
| 198.2 | Meeting Costs means the total annual fixed fee referred to in clause 15(9)(k) of the South African Sugar Association’s Constitution. |
| 198.3 | Meeting Costs Equalisation Amount means the amount which comprises the difference between half the Meeting Costs and the amount calculated by applying to the Meeting Costs the percentage of the net divisible proceeds allocated to growing in terms of clause 166 as adjusted by clause 167 and/or clause 168 if either of these clauses applies. |
| 198.4 | Milling Group means a miller or refiner which produces saleable sugar or saleable sugar equivalent per season. |
| 198.5 | Transitional Period means from 1 July 2020 until 31 March 2024 or any later date determined in terms of clause 15.4 of the South African Sugar Association’s Constitution. |
| 198.6 | Transitional Provisions means clauses 198 to 207 of this agreement and clause 15 of the South African Sugar Association’s Constitution; |
| 198.7 | 2018 Transitional Provisions means the amendments to the Constitution and the Sugar Industry Agreement, 2000 promulgated in Government Gazette 41967 on 9 October 2018. |
| 199. | In applying the Transitional Provisions, the Transitional Provisions in the Constitution must be read together with the Transitional Provisions in the Sugar Industry Agreement, 2000, both as amended and applied during the Transitional Period. In applying the Transitional Provisions of this agreement, unless otherwise indicated or clearly apparent from the context, the Transitional Provisions of this agreement shall prevail over any of the other provisions of this agreement (the Sugar Industry Agreement, 2000) which conflict with, or differ from, those Transitional Provisions. |
| 200. | The Transitional Provisions apply during the Transitional Period only. |
| 201. | After consultation with the South African Sugar Association, the Minister may amend the Transitional Provisions by publishing notice of the amendments in the Government Gazette. |
| 202. | After consultation with the South African Sugar Association, the Minister may extend the Transitional Period whenever necessary by publishing notice of each extension in the Government Gazette by the date on which the Transitional Period is due to expire. |
| 203. | This agreement shall come into effect on 1 July 2020. |
| 204. | The provisions of this clause 204 apply in relation to the 2018 Transitional Provisions: Anything done from 1 April 2018 until 9 October 2018 comprising amendments to the agreement in terms of section 4(1)(c) of the Act, both dates included, and which is done in accordance with, or to give effect to, or in anticipation of, the resolutions passed by the South African Sugar Association’s Council on 15 March 2018 and 16 April 2018 and the South African Sugar Association at the special meeting on 16 April 2018 and the 2018 Transitional Provisions and anything else done by the South African Sugar Association in good faith in order to effect recognition and funding of SAFDA, shall be deemed to be valid in law. |
Neither the South African Sugar Association nor any of the delegates, Councillors (including the South African Sugar Association’s Chairperson and Vice-Chairpersons), members, members of its committees, employees, contractors or agents nor any miller, refiner nor grower shall be liable for anything done in accordance with, or to give effect to, or in anticipation of:
| (i) | the resolutions passed by the South African Sugar Association’s Council on 15 March 2018 and 16 April 2018; |
| (ii) | the resolutions passed by the South African Sugar Association at the special meeting on 16 April 2018; |
| (iii) | the 2018 Transitional Provisions; and |
| (iv) | anything else done by the South African Sugar Association to recognise and fund SAFDA between 1 April 2018 and 9 October 2018, both dates included. |
| 205. | The Sugar Industry Agreement, 2000, published under Government Notice No. 1208, Government Gazette 21139 of 3 May 2000 is hereby amended upon publication in the Government Gazette and with effect from 1 July 2020. |
[Clause 198 - 205 inserted by section 1(x) of Notice No. R. 700, GG43466, dated 23 June 2020]
