The Citrus Growers’ Association (CGA) of Southern Africa has published an invitation to industry stakeholders to participate in public sessions on the redrafted export agent rules under the Agricultural Produce Agents Act of 1992.
The GGA said in its notice to stakeholders that the Rules in Respect of Export Agents (originally published under Board Notice 62 of 2018 in Government Gazette No. 41632 of May 18, 2018) had been redrafted following the High Court order of December 20, 2023.
This order required the Agricultural Produce Agents’ Council (APAC) and the Fresh Produce Exporters’ Forum (FPEF) to revise and update the existing rules (originally from 2018), leading to the current public participation process.
“The Department of Agriculture has referred the revised rules for public participation. Upon the successful conclusion of this process, the rules will be formally gazetted into law,” the association said.
Public participation sessions have been scheduled as follows:
• Thursday, February 19: In-person session in Cape Town from 10:00 to 14:00 (venue to be confirmed).
• Friday, February 20: Online session from 09:00 to 12:00.
Additional sessions for those unable to attend the February dates:
• Thursday, March 19: In-person session in Cape Town from 10:00 to 14:00 (venue to be confirmed).
• Friday, March 20: Online session from 09:00 to12:00.
The department selected these dates after considering prescribed timelines and stakeholder availability.
Interested parties are encouraged to participate to provide input on the revised rules governing export agents in the agricultural produce sector.
Structured in six parts, the rules cover registration requirements, including applications, renewals, fit and proper assessments, and suspensions; general duties such as fiduciary obligations, conflict of interest management, marketing agreements, knowledge and training, publicity restrictions, canvassing prohibitions, and confidentiality; financial and administrative responsibilities encompassing costs, fees and commissions, accounting records, auditing, customer foreign currency accounts, and bank deposits; internal complaint resolution procedures; and miscellaneous provisions like reporting convictions and handling unclaimed moneys.
These rules aim to strengthen regulation of export agents in the fresh produce sector, ensuring fiduciary duties to principals, transparent financial practices, ethical conduct, and effective internal mechanisms for addressing complaints.
Upon finalisation of the public participation process and gazetting, the rules will take effect, repealing the prior version to provide updated governance for export agents operating under the Agricultural Produce Agents Act, 1992.
Access the rules here.
