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RegulationGazette
Regulation Gazette No.10177
No. 10845 Regulasiekoerant
Regulasiekoerant
July
Vol. 637 13 2018 No. 41767
Julie
ISSN 1682-5843
N.B. The Government Printing Works will 41767
not be held responsible for the quality of
“Hard Copies” or “Electronic Files”
submitted for publication purposes
9 771682 584003
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2 No. 41767 GOVERNMENT GAZETTE, 13 JULY 2018
IMPORTANT NOTICE:
The GovernmenT PrinTinG Works Will noT be held resPonsible for any errors
ThaT miGhT occur due To The submission of incomPleTe / incorrecT / illeGible coPy.
Contents
Gazette Page
No. No. No.
Agriculture, Forestry and Fisheries, Department of/ Landbou, Bosbou en Visserye, Departement van
R. 711 Marketing of Agricultural Products Act (47/1996): Establishment of Statutory Measure and Determination of Guide-
line Prices: Levies relating to Soybeans.................................................................................................................... 41767 11
R. 711 Wet op Bemarking van Landbouprodukte (47/1996): Instelling van Statutêre Maatreël en Bepaling van Riglynprys:
Heffings betreffende Sojabone.................................................................................................................................. 41767 15
Trade and Industry, Department of/ Handel en Nywerheid, Departement van
R. 712 Protection of Investment Act (22/2015): Regulations on Mediation Rules................................................................. 41767 19
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I, Senzeni Zokwana, Minister of Agriculture, Forestry and Fisheries, acting under sections 13
and 15 of the Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996), hereby –
(a) establish the statutory measure set out in the Schedule hereto; and
(b) determine the guideline price, per metric ton, for soybeans as R5 496.
SENZENI ZOKWANA,
Minister of Agriculture, Forestry and Fisheries.
SCHEDULE
Definitions
1. In this Schedule any word or expression to which a meaning has been assigned in the
Act shall have that meaning, and unless the context otherwise indicates –
- “producer” means a person who produces soybeans or a person on whose
behalf soybeans is produced;
- ‘‘soybeans” means grain of the species Glycine max;
- “the Act” means the Marketing of Agricultural Products Act, 1996 (Act No. 47 of
1996); and
- “SACTA” means the SA Cultivar and Technology Agency NPC.
Purpose and aim of statutory measure and the relation thereof to the objectives of the
Act
2. The purpose and aim of this statutory measure are to compensate breeders of soybean
varieties for their contribution towards obtaining and utilising improved international
agriculture related intellectual property to the benefit of the soybean industry in the
Republic of South Africa.
The agricultural sector is expected to ensure food security, strengthen the economy and
create job opportunities. This can be reconciled with the provisions of Section 2(3) of
the Act. In order to achieve these aims and to further the competitive position of the
soybean industry in the Republic of South Africa cultivation of high yielding crops from
seed varieties that are most suited for particular regions is essential.
For the optimisation of possible export earnings it is essential that South African
products conform to international quality standards and that South African producers of
soybeans are competitive on the international markets.
A portion of the funds (20%) collected by means of the levy will be focussed on small-
scale farmers and transformation in the soybean industry in the Republic of South
Africa.
The statutory measure shall be administered by the SA Cultivar and Technology Agency
NPC (SACTA). The levies collected shall be administered in separate accounts for
soybeans. SACTA shall be audited in accordance with generally accepted accounting
practices.
4. This statutory measure shall apply within the geographical area of the Republic of South
Africa.
Imposition of levy
(c) in respect of which a silo receipt has been issued, if the levy in respect of such
soybeans has not already been paid in terms of paragraph (a) or (b); and
(d) exported from the Republic of South Africa, and in respect of which a levy has not
previously been paid in terms of paragraphs (a), (b) or (c).
Amount of levy
6. The amounts of the levies (excluding Value Added Tax) will be as follows:
(a) in the case of a levy contemplated in clause 5(a), be payable by the buyer
of the soybeans;
(d) in the case of a levy implied in clause 5(d), be payable by the exporter of
the soybeans.
(2) The amount of the levy payable by the buyer in terms of sub-clause (1)(a) and
sub-clause (1)(b) may be recovered from the producer.
(3) The amount of the levy payable by the person issuing the silo receipt in terms of
sub-clause 1(c) may be recovered from the person to whom such silo receipt is
issued.
(4) Persons contemplated in sub-clause (1)(a), (1)(b) and sub-clause (1)(c) may
claim 2,5% commission on levies paid over to SACTA.
Payment of levy
8. (1) Payment of a levy imposed in terms of clause 5 shall be made by the persons
contemplated in clause 7 not later than the last day of the month following the
month in which the soybeans have been sold, processed or converted, exported
or a silo receipt issued.
(2) Payment shall be made in favour of the SA Cultivar and Technology Agency
NPC.
Conditions of approval
10. (1) This statutory measure shall come into operation on 1 March 2019 and shall
lapse on 28 February 2021.
(2) Notwithstanding the provisions of sub-clause (1), the Minister may, after
evaluation and review of the measure under section 9(1)(f) of the Act, by notice
in the Government Gazette determine that the measure shall lapse on a date
specified in that notice: Provided that such date shall not be later than the date
determined under sub-clause (1).
5 BOSBOU EN VISSERYE
DEPARTEMENT VAN LANDBOU,
NO. R. 711 13 JULIE 2018
R. 711 Wet op Bemarking van Landbouprodukte (47/1996): Instelling van Statutêre Maatreël en Bepaling van Riglynprys: Heffings betreffende Sojabone 41767
Ek, Senzeni Zokwana, Minister van Landbou, Bosbou en Visserye, handelende kragtens
artikels 13 en 15 van die Wet op die Bemarking van Landbouprodukte, 1996 (Wet No. 47 van
1996) –
(a) stel hierby die statutêre maatreël in die Bylae uiteengesit in; en
(b) bepaal hierby die riglynprys, per metrieke ton, vir sojabone as R5 496.
SENZENI ZOKWANA,
Minister van Landbou, Bosbou en Visserye.
BYLAE
Woordomskrywing
1. In hierdie Bylae het enige woord of uitdrukking waaraan ‘n betekenis in die Wet geheg
is, daardie betekenis en tensy uit die samehang anders blyk, beteken -–
- “die Wet” die Wet op die Bemarking van Landbouprodukte, 1996 (Wet No. 47
van 1996);
- “produsent” ‘n persoon wat sojabone produseer of ‘n persoon in wie se belang
sojabone geproduseer word;
- “SACTA” die SA Cultivar and Technology Agency NPC; en
- “sojabone” graan van die spesie Glycine max.
Oogmerk en doelwit van die statutêre maatreël en verband daarvan met die Wet
Dit word van die landbousektor verwag om voedselsekerheid te verseker, die ekonomie
te versterk en werksgeleenthede te skep. Hierdie doelwitte is in ooreenstemming met
die bepalings van artikel 2(3) van die Wet. Om hierdie doelwitte te bereik en die
sojaboonbedryf in die Republiek van Suid-Afrika se mededingende posisie te bevorder,
is produksie van hoë-opbrengs oeste van saadvarieteite wat optimaal geskik is vir
bepaalde streke noodsaaklik.
Om die opbrengs uit moontlike uitvoere te optimaliseer, is dit noodsaaklik dat Suid-
Afrikaanse produkte voldoen aan internasionale kwaliteitstandaarde en dat Suid-
Afrikaanse produsente van sojabone kompeterend is op die internasionale markte.
‘n Deel van die fondse (20%) wat by wyse van die heffing ingevorder word, sal
toegespits word op kleinskaalse boere en transformasie in die sojaboonbedryf in die
Republiek van Suid-Afrika.
Hierdie statutêre maatreël sal deur die SA Cultivar and Technology Agency NPC
(SACTA) geadministreer word. Die heffings wat gevorder word, sal in ‘n afsonderlike
rekening vir sojabone geadministreer word. SACTA sal geouditeer word volgens
algemeen aanvaarde rekenkundige praktyk.
4. Hierdie statutêre maatreël is in die geografiese gebied van die Republiek van Suid-
Afrika van toepassing.
(c) ten opsigte waarvan ‘n silo-ontvangsbewys uitgereik word, indien die heffing ten
opsigte van sodanige sojabone nog nie ingevolge paragraaf (a) of (b) betaal is
nie; en
(d) wat uitgevoer word uit the Republiek van Suid Afrika, indien die heffing ten
opsigte van sodanige sojabone nog nie ingevolge paragraaf (a), (b) of (c) betaal
is nie.
6. Die bedrag van die heffing (Belasting op Toegevoegde Waarde uitgesluit) is soos volg:
7. (1) ‘n Heffing wat in terme van klousule 5 opgelê is, sal betaalbaar wees deur:
(a) in die geval van ‘n heffing in klousule 5(a) bedoel, die koper van die
sojabone;
(b) in die geval van ‘n heffing in klousule 5(b) bedoel, die verwerker of
omskepper van die sojabone;
(c) in die geval van ‘n heffing in klousule 5(c) bedoel, die persoon wat sodanige
silo-ontvangsbewys uitreik; en
(d) in die geval van ‘n heffing in klousule 5(d) bedoel, die persoon wat sodanige
sojabone uitvoer.
(2) Die bedrag van die heffing wat deur die koper in terme van subklousule (1)(a) en
subklousule (1)(b) betaalbaar is, kan van die produsent verhaal word.
(3) Die bedrag van die heffing wat in terme van subklousule (1)(c) deur die uitreiker
van die silo-ontvangsbewys betaalbaar is, kan van die persoon aan wie sodanige
silo-ontvangsbewys uitgereik word, verhaal word.
(4) Persone vermeld in subklousule (1)(a), (1)(b) en subklousule (1)(c) mag 2,5%
kommissie op heffings wat aan SACTA oorbetaal is, eis.
8. (1) Betaling van ‘n heffing opgelê in terme van klousule 5 sal nie later nie as die
laaste dag van die maand volgende op die maand waarin sojabone verkoop,
verwerk of omgesit, uitgevoer of waarvoor ‘n silo-ontvangsbewys uigereik is,
geskied deur die persone in klousule 7 bedoel.
(2) Betaling moet ten gunste van die SA Cultivar and Technology Agency NPC
gemaak word.
10. (1) Hierdie statutêre maatreël tree op 1 Maart 2019 in werking en verval op 28
Februarie 2021.
(2) Nieteenstaande die bepalings van subklousule (1) kan die Minister, na ‘n
evaluasie en hersiening van die maatreël kragtens artikel 9(1)(f) van die Wet, by
kennisgewing in die Staatskoerant bepaal dat die maatreël op ‘n datum in daardie
kennisgewing uiteengesit, verval: Met dien verstande dat sodanige datum nie later
mag wees as die datum kragtens subklousule (1) bepaal nie.
Dr Rob Davies, MP
Mi nister of Trade and Industry
2. Application of Regulations
4. Declaration of dispute
8. Appointment of mediator
16 Closure of mediation
been assigned in the Protection of Investment Act, 2015 (Act No. 22 of 2015), has
"competent authority" means the Judge President of one of the divisions of the
"day" means a working day and exclude Saturdays, Sundays and public holidays;
"mediation" means a process in which the parties to a dispute, with the assistance
"mediator" means a neutral third party who has been nominated by the competent
authority or mutually agreed to by the parties, and who has accepted such
investor in terms of the Act, provided that such government action has affected an
mediation must be dealt with in accordance with these mediation rules unless
on the other party to the dispute calling on such party to serve a response on the
triplicate with the Department, who must issue same by affixing a case number
thereon and registering the dispute in the registry of pending disputes for resolution
and thereafter the issued declaration of the dispute must be returned to the investor.
5. (1) If the other party to the dispute is not the Department, the
investor must serve a copy of the declaration of dispute on the other party by-
(a) personally serving a copy of the declaration of dispute on the duly authorised
official of the other party, and where applicable the accounting officer;
acknowledge receipt thereof by retaining a copy of the declaration and affixing its
stamp detailing the date and the signature of the official who took receipt of the
on the other party, file the original declaration of dispute with the Department
mediators, who are willing and able to serve as mediators and such a list may be
crime, and with demonstrated competence in the fields of law, commerce, industry or
(a) from the Department, must disclose any circumstances likely to give rise to
(b) from the parties during his or her appointment or in the course of a mediation
in regulation 7 (1), the parties may nominate a person who may be appointed by the
consent of the parties concerned, more than one mediator may be appointed to
(5) If the Department is a party to the dispute, the parties may jointly
request the competent authority who has jurisdiction over the matter, to appoint a
authority may appoint a mediator from the list of mediators compiled by the
Department and may request parties to make representations relating to any suitable
accept or decline such nomination by filing a notice with the Department to that
9. (1) The mediator must within 10 days of his or her appointment give
notice to the parties of the date on which and the venue where the mediation will
notice contemplated in subregulation (1), unless the mediator and parties agree
10. The mediator may conduct the mediation at a place, which in his or her
discretion is appropriate and convenient for the parties to the dispute, taking into
11. (1) The parties may in writing furnish the mediator and each other
with the names, designations and 'addresses of the representatives who will be in
attendance at the mediation within 10 days after the appointment of the mediator.
12. (1) The mediator may convene a preliminary meeting with the
(b) formulate a process in terms of which the issues in paragraph (a) can be
(c) plan and agree on how a negotiated resolution of the dispute should proceed
including position papers and other relevant documents, and the filing of same
mediator must direct that the parties engage each other with the view -
request, which in the mediator's view will contribute to the efficient resolution of the
(a) advising the parties to the dispute to attempt a resolution in a spirit of good
(b) assisting the parties to identify and define the issues in dispute;
(4) During the mediation process, the mediator may convene such
meetings between the parties as the mediator considers appropriate, for the purpose
(c) seek the assistance of or consult with relevant experts and stakeholders, only
14. (1) The parties must do all things reasonably necessary to ensure
that the mediation is conducted in a proper, expeditious and cost -effective manner.
(b) comply without delay with any order made by the mediator on procedural
15. (1) A party to the dispute may request for the recusal of the
mediator, should such party be of the view that such mediator may not be
independent or impartial provided that the recusal request is done by way of a notice
(3) The mediator may require the applicant applying for his or her
(5) In the event that the mediator does not recuse himself or herself
and the other party is aggrieved by such decision pertaining to recusal of the
mediator, the other party must within five days notify the mediator and file a recusal
(6) The Department must within five days of receipt of such dispute
request the mediator to provide reasons for his or her non -recusal.
(7) Upon receipt of the reasons for non -recusal by the mediator, the
Department must within five days and by agreement with the parties nominate and
appoint a mediator to resolve the recusal dispute provided if the Department is the
more than one mediator appointed to resolve a particular dispute, where a party is of
the view that any such mediator may not be independent or impartial.
(b) if the parties to the dispute are in agreement that the dispute is incapable of
(c) the mediator is of the view that the dispute is incapable of being productively
mediation except in the instance where the Department is a party to the dispute,
18. (1) The mediation process and all documentation relating thereto
are privileged and may not be disclosed or relied upon or be subject to any
disclosure with the view of proving any fact in any legal proceedings arising out of or
(c) any document created or utilised for the purpose of the mediation.
(a) except as provided in these rules, ensure that all information disclosed during
(b) only use any information disclosed during the mediation proceedings for the
(d) sign a non -disclosure of information and maintain the confidential nature of
(b) to the extent necessary to give effect to any agreement which the parties to
the dispute may reach during these proceedings or to enforce any agreement
(c) if the parties to the mediation agree in writing to the disclosure of confidential
proceedings or any part thereof, unless the other parties agree to such recording,
20. The parties agree that the mediator may not be liable to any party for or
in respect of any act or omission in the discharge or purported discharge of his or her
functions under these mediation rules, unless such act or omission has been -
(2) The Department may from time to time publish the schedule
2018, and will come into operation on the date of commencement of the Protection
Schedule I:
A. PARTICULARS OF INVESTOR
Full Names
Business Address
Postal Address
Code
Telephone Number: (H) ( ) (W) (
Please indicate the exact nature of your claim and the alleged infringement - this
should include the main aspects of your claim with names and dates, where possible
and applicable. Also indicate the current state of affairs. Indicate what steps you
Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001
Contact Centre Tel: 012-748 6200. eMail: info.egazette@gpw.gov.za
Publications: Tel: (012) 748 6053, 748 6061, 748 6065