Appeal RCL Sugar Milling (Pty) Ltd and Malelane Canegrowers Association – Judgment date: 18 July 2016

The Appellant (RCL Sugar and Milling) lodged an appeal against a decision of the Sugar Industry Administration Board regarding the issue of costs for cane testing arising from the diversion of cane and a request for an interpretation of Clause 128 of the Sugar Industry Agreement, 2000.

Full Judgment (PDF - 72KB)

 

Appeal RCL Foods Sugar and Milling (Pty) Ltd and Umfolozi Sugar Mill (Pty) Ltd – Judgment date: 18 October 2018

The Appellant (RCL Foods) sought a declarator that the First Respondent (USM) was obliged to accept the balance of the Appellant’s growers’cane that had been diverted to the Umfolozi Sugar Mill.

The Appeals Tribunal ruled in favour of the RCL Foods and directed USM to accept the balance of sugarcane.

Full Judgment (PDF - 72KB)

 

Appeal of JW Horn against the decision of the Sugar Industry Administration Board – Judgment date: 11 February 2013

The appeal was based on a plough-out order issued by the Lowveld Pest, Disease and Variety Control Committee for the eradication of diseased cane. The Tribunal satisfied itself that the methodology used by the industry in respect of the inspection for pests and disease and the authority to order destruction of the crop as part of the system used to eradicate or combat the disease is fair and had been consistently applied.

The appeal was dismissed and the Appellant was ordered to immediately plough-out his diseased cane.

Full Judgment (PDF - 72KB)

 

Tongaat Hulett Sugar Limited vs Even Grand Trading 51 CC and Gledhow Sugar Company (Pty) Ltd – Judgment date: 24 August 2011

The claim concerned the validity of a long term cane supply agreement signed between the First Respondent and the Claimant. The First Respondent sought to have an order which provided that the signature of a one year cane supply agreement had the effect of novating the long term cane supply agreement with the Claimant.

The Tribunal found for the Claimant and ordered the First Respondent to deliver cane to the Claimant’s mill in terms of the long term cane supply agreement.

Full Judgment (PDF - 151KB)

 

Appeal of Paradise Creek Investments against the decision of the Sugar Industry Administration Board – Judgment date: 22 November 2010

The appeal was based on a plough-out order issued by the Lowveld Pest, Disease and Variety Control Committee for the eradication of diseased cane. The Tribunal examined compliance with clauses 72 to 96 of the Sugar industry Agreement, 2000.

The ruling of the Sugar Industry Administration Board was confirmed and the Appellant was ordered to plough-out his diseased cane.

Full Judgment (PDF - 91KB)

 

Umfolozi Sugar Mill (Pty) Ltd vs South African Sugar Association Cane Testing Service – Judgment date: 22 December 2010

The issue of contention was the interpretation of clause 138 of the Sugar Industry Agreement, 2000 and whether SASA Cane Testing Service had acted outside the scope of the provisions of the clause.

The Tribunal found in favour of SASA Cane Testing Service and confirmed the ruling of the Sugar Industry Administration Board.

Full Judgment (PDF - 364KB)

 

Melmoth Growers and others vs Tongaat Hulett Sugar Ltd – Judgment date: 29 September 2008

The matter dealt with cane diversions from the Amatikulu mill to the Felixton mill. The determination sought was on the cane payments system provided for in the Sugar Industry Agreement, 2000.

The Tribunal dismissed the Applicant’s application but noted the plight of the diverted Amatikulu growers.

Full Judgment (PDF - 119KB)