Sugar Act, 1978 (Act No. 9 of 1978)

Sugar Industry Agreement, 2000

Chapter 7 : South African Sugar Association and Disposal of Crop

197 - 203. Imposition of Levies
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197. Industry obligations shall be met by means of financial levies imposed upon sugar from time to time by the South African Sugar Association in terms of its constitution.

[Clause 197 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]

 

198. Growers’ Statutory Costs shall be met by means of financial levies imposed upon sugar from time to time by the South African Sugar Association in terms of clause 164(a) of this agreement.

[Clause 198 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]

 

199.The expenditure of the South African Sugar Association referred to in clause 178 shall be met by means of financial levies imposed on any grower, miller or refiner or group of growers, millers or refiners as the South African Sugar Association may deem appropriate having regard to the nature of the expenditure concerned.

[Clause 199 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]

 

200. The levies referred to in clause 197 shall be imposed upon all refiners and millers in respect of and pro rata in relation to the respective output of each miller and refinery in respect of any period and for that purpose—
(a) “output” in relation to a refiner, means the tonnage of sugar of its own manufacture sold by it being that part of its saleable production as determined by the South African Sugar Association from time to time;
(b) “output” in relation to a mill, means the tonnage of sugar of its own manufacture sold by it together with the tonnage of other sugar acquired and sold by it, after deduction of the tonnage thereof sold to a refiner, being that part of its saleable production as determined by the South African Sugar Association from time to time; and
(c) “sold by it” shall include any sugar sold or disposed of by a refiner to a mill and the tonnage of sugar so sold by a refiner to a mill or by one mill to another mill, for whatever purpose, shall be leviable upon such sale on condition that this shall not preclude the pooling of the production of any grade of sugar and the levying thereof upon sale,  on such basis as may be approved by the South African Sugar Association.

[Clause 200 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]

 

201. Each refiner and each miller shall within 14 days notify the South African Sugar Association in writing when called upon to do so of its respective output of sugar during a stated period and if any refiner or any miller declines or fails to notify the South African Sugar Association of its output for the relevant period, the South African Sugar Association may estimate the output of the refiner or miller concerned, on such information as is available to the South African Sugar Association, and charge the levies on such estimate.

[Clause 201 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]

 

202. Each such levy shall be a debt due to the South African Sugar Association and recoverable by it on such date in each month as the South African Sugar Association shall determine.

[Clause 202 substituted by Notice No. 3770 of GG54123, dated 13 February 2026]

 

203. No title in milling equipment shall be transferred from a miller to any other party (whether a miller in its own right or not) unless the South African Sugar Association has certified that the transferring miller has paid all amounts due by it, in terms of this agreement, to the South African Sugar Association, or that provision has been made to the satisfaction of the South African Sugar Association for the payment thereof. For the purposes of this clause:
(a) “milling equipment” shall mean: all moveable or immoveable property over a value specified in terms of clause 203(b) forming part of the physical infrastructure necessary for the operation of a sugar mill or refinery but shall not include non-specialized tools, office equipment or vehicles that are capable of being purchased on the open market and of being used for non-milling or non-refining activities.
(b) The South African Sugar Association’s Council shall have the power to determine the value for the purposes of clause 203(a) provided that:
(i) the value may not be amended more than once in any year

except with a two-thirds majority of votes cast at South African Sugar Association's Council;

(ii) the value shall not be amended retrospectively but may be determined together with an effective date.

[Clause 203 inserted by Notice No. 3770 of GG54123, dated 13 February 2026]