| 58. |
In respect of each Mill Group Board— |
| (a) |
the number of mill members and grower members, respectively, shall be determined by the Mill Group Board concerned on condition that the number of members representing the mill and growers, respectively, shall not be less than two each, 1 appointed by SACGA and 1 appointed by SAFDA in terms of clause 58(c) unless agreed otherwise by SACGA and SAFDA in terms of a written agreement; |
[Clause 58(a) substituted by section 1(j) of Notice No. R. 700, GG43466, dated 23 June 2020]
| (b) |
the mill members shall be appointed by the mill concerned; |
| (c) |
the grower members shall be appointed by the Local Grower Structure/s concerned, provided that SACGA and SAFDA’s Local Grower Structure/s shall be equally represented on all Mill Group Boards except if SACGA and SAFDA agree otherwise, record such agreement in writing and both sign it; |
[Clause 58(c) substituted by section 1(j) of Notice No. R. 700, GG43466, dated 23 June 2020]
| (d) |
for the purpose of assisting it in performing its functions the Mill Group Board may establish an advisory committee as a body subsidiary to itself; and |
| (e) |
any dispute as to the establishment, composition or any other matter regarding the operation of any Mill Group Board, shall be determined by the Administration Board. |
| 59. |
Mill Group Board members shall be appointed annually in the month of March and, if not replaced during March of the following year, shall hold office until replaced by the newly appointed members. Casual vacancies on the Mill Group Board shall be filled, or alternate members appointed, by whichever of SACGA’s Local Grower Structure, SAFDA’s Local Grower Structure or the mill, appointed the absent member, as the case may be. |
[Clause 59 substituted by section 1(k) of Notice No. R. 700, GG43466, dated 23 June 2020]
| 60. |
Each Mill Group Board shall appoint its own chairperson and secretary and have power to formulate its own rules of procedure. A chairperson shall be appointed for a year at a time and, in successive years, the chairperson shall be alternately the nominee of the grower members and the nominee of the mill members. |
| 61. |
All questions for decision by Mill Group Boards shall be decided by the members present at duly constituted meetings thereof and at each such meeting— |
| (a) |
the mill members shall collectively have 1 vote, the grower members appointed by the Local Grower Structure/s shall collectively have 1 vote; |
[Clause 61(a) substituted by section 1(l) of Notice No. R. 700, GG43466, dated 23 June 2020]
| (b) |
the mill members and grower members, respectively, shall each nominate one of their number present to exercise their respective collective vote; |
| (c) |
the chairperson shall not have a casting vote; and |
| (d) |
the decisions of the Mill Group Board shall be binding on the mill and on all growers who are contracted to deliver cane to that mill. |
| 62. |
The Administration Board may issue guiding rules and regulations for the establishment of Mill Group Boards and the conduct of the affairs thereof. |
| 63. |
If, at any time, in respect of a particular mill, a Mill Group Board does not exist or does not perform its functions, then subject to clause 57, the mill concerned shall perform the functions of the Mill Group Board in accordance with the directions of the Administration Board. |
| 64. |
Save insofar as this agreement otherwise provides, any dispute between a Mill Group Board and a mill or between a Mill Group Board and a grower or between growers and a mill relating to a Mill Group Board shall be referred to the Administration Board, which shall determine the dispute and if a Mill Group Board is unable to resolve an issue before it due to a voting deadlock, the issue shall be referred to the Administration Board for determination. |
Statistics Act, 1999
