Sugar Act, 1978 (Act No. 9 of 1978) Sugar Industry Agreement, 2000 Chapter 1 : Introduction and Scope of Agreement 1. Definitions

 

In this agreement any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates—

 

means the Sugar Act, 1978 (Act No. 9 of 1978);

 

means the Sugar Industry Administration Board referred to in clause 10;

 

means the Sugar Industry Appeals Tribunal referred to in clause 22;

 

means the cane testing service referred to in clause 136;

 

means that quantity of each season’s total saleable production which, as at 31 March of each season, has neither been sold on the local market nor delivered to Sasexcor for export in terms of clause 183;

[Definition (v) inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

means a code issued and administered by the Administration Board and recorded in the growers' register and which is only used to record the tons cane delivered by each grower in a grower group over the mill weighbridge and is not used for payment of cane proceeds;

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

when used in the context of the supply of cane by growers to mills means the obligation of a grower to supply cane and the corresponding obligation of a mill to accept cane in terms of a contract between the mill and the grower concerned, including a deemed contract referred to in clause 106;

 

means a geographical area from time to time delineated by the South African Sugar Association and notified to the Administration Board; 

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

means a binding written agreement concluded for each season and signed by 1 April of each year by all the Local Grower Structures representing growers contracted to deliver cane to a particular mill for that season in terms of which the Local Grower Structures agree:

[Definition substituted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

means the home mill of a grower or, if arrangements at any time exist for the diversion of deliveries of the grower's cane to another mill, means such other mill at that time;

 

includes all territories, other than the local market and “export” bears a corresponding meaning;

 

means the sugar which is delivered to Sasexcor for export in terms of clause 183;

 

means SACGA and SAFDA;

[Definition substituted by section 1(b) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

means a group of growers each of whom has delivered to the same mill less than an average of 1800 tons or less of cane per season calculated over the immediately preceding consecutive 4 seasons and who deliver a consolidated estimate to the Mill Group Board to facilitate rateable delivery of cane throughout the season;

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

means the register referred to in clause 69;

 

means a partly inverted raw syrup containing typically 75-80% total sugars as invert and no more than 25% sucrose at a typical brix of 83-86° brix;

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

in relation to a grower, means the mill to which the grower is at the time bound to deliver cane under a contract, whether of a long term or short term duration;

 

means expenditure incurred by or at the instance or with the approval of the South African Sugar Association referred to in clause 177 and includes all expenses which in terms of this agreement are industry obligations;

 

means the structure/s established by SACGA and SAFDA and which are hereby deemed to be authorised to represent all growers contracted to deliver cane to a particular mill;

[Definition substituted by section 1(c) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

means the geographical area falling within the borders of the Republic of South Africa and the states of Swaziland, Namibia, Lesotho and Botswana;

 

means a committee referred to in clause 88;

 

means miller cum planter, that is, a grower which is wholly owned by a Milling Group but excluding:

and MCPs shall only include those MCPs which notify the Administration Board, in writing, that they are MCPs;

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

means the total annual fixed fee referred to in clause 7(16) of the South African Sugar Association’s Constitution;

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

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 168 as adjusted by clause 169 and/or clause 170 if either of these clauses applies.

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

in relation to the Administration Board or the Appeals Tribunal, includes an alternate member of that body;

 

means a particular sugar mill, and includes the miller in respect of that mill only;

 

means a board referred to in clause 50;

 

means the South African Sugar Millers' Association NPC and its successors in title;

[Definition substituted by section 1(d) of Notice No. R. 700, GG43466, dated 23 June 2020]

 

means a miller or refiner which produces saleable sugar or saleable sugar equivalent per season;

[Definition inserted by Notice No. 3770 of GG54123, dated 13 February 2026 - subsequent paragraphs have been renumbered]

 

means the manual referred to in clause 137 as amended from time to time;

 

means any cane for which special deliveries to a mill other than the home mill or crush mill of a grower are necessitated, at any time between the closing of the home mill or crush mill of such grower at the conclusion of its crushing season and its opening at the commencement of the ensuing season, by reason of damage by frost, fire, drought, flood, pest or disease;

 

means the mass of recoverable content of cane delivered by a grower to a mill for crushing, which mass represents recoverable sugar moderated by the value of recoverable molasses of such cane, taking into account adjustments in respect of the sucrose, non-sucrose and fibre content thereof, and which mass of recoverable content shall be calculated in terms of the procedures contained in the Official Methods Manual;

 

means the South African Cane Growers’ Association NPC and its successors in title;

 

means the South African Farmers’ Development Association and its successors in title;

 

means S.A. Sugar Export Corporation (Proprietary) Limited;

 

in relation to a mill, means the period, in each year, that a mill is open for the acceptance of cane delivered from growers for crushing at the mill;

 

means, botanically, an annual root crop of the species Beta Vulgaris, grown specifically for the production of sucrose from the roots which constitute a raw material which may be delivered by a grower to a mill for processing;

 

means a mill which produces sugar exclusively from sugar beet and includes the miller in respect of that mill only;

 

means, botanically, a tall grass of the genus Saccharum, agriculturally, a crop produced from hybrids which are the progeny of a number of Saccharum species commonly referred to as cane and, specifically, the raw material which may be delivered by a grower to a mill for processing;

 

means a metric ton and “tonnage” has a corresponding meaning;

 

means the Union Co-operative Limited;

 

means a period of twelve months commencing on the first day of April.