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

Sugar Industry Agreement, 2000

Chapter 2 : The Sugar Industry Administration Board, The Sugar Industry Appeals Tribunal and Mill Group Boards

33 - 35. Functions of Appeals Tribunal

 

33. Any person having a direct interest in a decision, order, ruling or determination of the Administration Board shall have the right to appeal to the Appeals Tribunal against the decision, order, ruling or determination. Unless in regard to the matter in question this agreement otherwise stipulates, the person shall, within 21 days of the date on which the decision, order, ruling or determination of the Administration Board is notified to him or her, lodge with the Administration Board a written notice of appeal, failing which the right to appeal shall lapse and the decision, order, ruling or determination of the Administration Board shall be final and binding. The Administration Board shall, upon receipt of a notice of appeal, send copies of the notice of appeal to each other party directly affected by the decision, order, ruling or determination against which the appeal shall have been lodged and to the Appeals Tribunal.

 

34. The Appeals Tribunal shall perform the following functions—
(a) hear and decide any appeal where a right of appeal to the Appeals Tribunal is provided for in this agreement;
(b) hear and decide any issue or issue any directive in regard to any matter referred to it for a decision or directive by the Administration Board or the South African Sugar Association;
(c) hear and decide any dispute which may arise between a mill and a grower arising from a cane supply agreement or any agreement between those parties relating to the supply or delivery of cane; (d) undertake and resolve any matter which, in terms of this agreement, falls to be undertaken by the Administration Board if the Administration Board is unable to or fails to duly resolve the matter owing to a deadlock or for any other reason; and
(e) hear and decide any matter which, in terms of this agreement, is to be determined by it.

 

35. Subject to the provisions of this agreement relating to the determination of particular disputes, if any dispute arises between any persons upon whom this agreement is binding, insofar as the dispute relates to the subject matter, application, any right or obligation arising out of, or the interpretation of this agreement, or of any agreement referred to in clause 34(c) (unless such last mentioned agreement otherwise stipulates), the Appeals Tribunal shall have jurisdiction, exclusive of any court of law, to determine such dispute and any party to such dispute may submit such dispute for determination to the Appeals Tribunal.