| 182. | There is no obligation on any mill, including a sugar beet mill, to export or provide for export that quantity of sugar that is represented by its export allocation allocated in terms of clause 179. |
[Clause 182 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]
| 183. | Each mill shall in respect of each year provide and deliver to Sasexcor for export the quantity of sugar produced by it and which it does not require for sale on the local market. |
[Clause 183 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]
| 184. | All sugar delivered to the sugar terminals at the ports of Durban or Maputo shall be deemed to be delivered to Sasexcor for export in terms of clause 183 unless a mill notifies the South African Sugar Association, in writing, that the sugar is not for export or withdraws the sugar from export in terms of clause 185. Sugar provided for export shall, unless the South African Sugar Association otherwise determines, comprise only bulk raw sugar and it shall otherwise comply with the terms and conditions as are or may be determined by the South African Sugar Association. |
[Clause 184 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]
| 185. | On terms and conditions determined by the South African Sugar Association from time to time, by giving written notice to South African Sugar Association, a mill may withdraw for sale on the local market a quantity of sugar equal to the quantity of sugar delivered by that mill for export. Unless otherwise determined by the South African Sugar Association, if a mill withdraws sugar from export in terms of this clause 185: |
| (a) | before collecting the withdrawn sugar, the mill must pay to the South African Sugar Association all storage costs in respect of that sugar from the date it was delivered to the sugar terminals; |
| (b) | before collecting the withdrawn sugar, the mill must refund to the South African Sugar Association all amounts paid to the mill in terms of clause 186(c)i in respect of that sugar plus interest on those amounts at the rate determined by the South African Sugar Association from time to time; |
| (c) | the sugar which the mill originally delivered for export will have been comingled with other sugar and the mill will only be entitled to withdraw the same quantity of sugar as it delivered and shall not have any claim against the South African Sugar Association arising from or in connection with any quality or other difference between the sugar delivered and the sugar withdrawn. |
[Clause 185 inserted by Notice No. 3770 of GG54123, dated 13 February 2026]
| 186. | Sasexcor shall acquire from the respective mills all the sugar to be so exported and ensure that it is exported, according to the following provisions— |
| (a) | Each mill shall in each year sell or ensure the sale to Sasexcor and Sasexcor shall purchase all sugar which comprises that mill's export deliveries; |
| (b) | The prices payable by Sasexcor shall be determined by the South African Sugar Association from time to time in order to comply with the provisions of Chapter 6; |
| (c) | When the proceeds of each sale are received by Sasexcor, payment for sugar purchased by Sasexcor shall be made to the respective mills as follows: payment shall first be made to the South African Sugar Association on behalf of each respective mill of any amount which that mill owes the South African Sugar Association in terms of this Agreement; and thereafter, any remaining balance of the proceeds shall be paid to the respective mill: Provided that— |
| i. | all export sugar delivered by mills in any one month, the proceeds of which are not received during the succeeding 45 days from the end of that month shall, on the expiry of the said 45 days, be financed by Sasexcor to the full extent of the estimated value at which export sugar is to be paid for by Sasexcor and the South African Sugar Association shall at the same time finance Sasexcor to the full extent of the estimated value of the proceeds which Sasexcor will pay for the sugar in accordance with the provisions of clause 191; and |
| ii. | in the case of sugar sold in respect of which the proceeds are not received by 31 March in each year Sasexcor shall finance mills and the South African Sugar Association shall finance Sasexcor in accordance with the provisions of clause 186(c)i until payment is received. |
| (d) | For all purposes in this agreement except determining whether sugar which a mill wishes to withdraw from export has been sold by Sasexcor for export in terms of clause 185, the sale and delivery to Sasexcor of sugar to be purchased by it shall be deemed to be effected immediately prior to delivery to the buyer to whom it is re-sold on condition that any export sugar unsold as at 31 March in any year shall be purchased by and delivered to Sasexcor on that date and the South African Sugar Association shall in turn purchase from Sasexcor, at a price to be agreed between them, any such sugar; |
| (e) | Sasexcor shall bear no risks or other liabilities or obligations in respect of any of the sugar purchased or sold by it and the South African Sugar Association shall accordingly indemnify Sasexcor and hold it harmless against any claim which Sasexcor may be compelled in law to meet, subject to any right of recovery which the South African Sugar Association or Sasexcor may have as against any mill or other person; and |
| (f) | The South African Sugar Association shall be responsible for ensuring that Sasexcor performs its functions in terms of this agreement. |
[Clause 186 inserted by Notice No. 3770 of GG54123, dated 13 February 2026]
