BENEFIT FOR MEMBERS
TLU SA members have until Monday, September 9, 2019 to send their legal questions to firstname.lastname@example.org. These questions will be answered for free by a qualified lawyer.
Participants have to supply the following information:
*Use of the free advice service is subject to the following conditions:
- By using this free advice service, the user / TLU SA member agrees to the following conditions.
- Each member is limited to two questions.
- Only questions received through email@example.com will be answered.
- The attorney will answer the questions as soon as possible but is not bound to answer it within a specific timeframe.
- No debates or further consultation related to the questions and answers will be allowed unless the attorney is of the opinion that the client’s problem is of such a serious and/or urgent nature, that it justifies further correspondence.
- The attorney’s answers do not replace the user / TLU SA member’s own attorney’s legal advice since a thorough consultation was not held with the user / TLU SA member.
- The user / TLU SA member will not hold TLU SA, the attorney, their employees, agents, and management accountable for any harm, death or claims originating from the use of this free advice service.
- Any dispute will be handled by the attorney and TLU SA’s General Manager at their discretion. The decision of the attorney and TLU SA’s General Manager regarding any disputes is final.
COOPERATION IN ORGANISED AGRICULTURE
Since the split with AgriSA, TLU SA has consistently mentioned the need for collaboration in terms of mutual interests not influenced by principled views. TLU SA will accordingly converse with any organisation in organised agriculture on behalf of its members to find solutions to issues in both parties’ interests. In this case, TLU SA hopes to play a constructive role.
TLU SA enters into agreements with partners and potential allies in various sectors to strengthen its policy, viewpoint, and vital capacity to stay in service as a fortress for commercial farmers.
Strategic partners are approached on the grounds of their principles, capacity, and views. Strategic partners do not necessarily imply a permanent agreement over an undefined spectrum but are focused on specific cases.
USE OF FORUMS FOR COOPERATION
TLU SA is of the view that healthy dialogue and conversations with role-players who have the best interest of the agricultural sector at heart, is right even if there are differences in the point of departure. To make sensible progress, the following aspects are applicable before participation in these forums is considered:
- Engagement happens in the form of a forum;
It entails every organisation/participant keeping their identity and not being drowned out by other role-players.
If consensus about an issue is not reached between all role-players, there is no forum statement, even if a majority view exists.
- Discussions take place according to a set and agreed-upon agenda;
If there is uncertainty about the viewpoint taken by the forum, every role-player has the opportunity to confirm the statement with his/her organisation before any decision can be finalised.
If consensus is reached over an issue, the decision becomes the forum’s as well as the individual participant’s decision.
- TLU SA will evaluate the merits of a case to establish its desirability and if it is worth the effort taking part in the forum.
The best interest of our members will serve as the guideline, whether to partake or not. The opportunity to share the organisation’s views is a positive development in the sense that our beliefs are the views of the commercial farmer, and if other role players can be sold on the ideas, it is for the best.
RELATIONSHIP WITH TRADE ORGANISATIONS
TLU SA views trade organisations as part of the organised agricultural family. The distinguishing factors between general organisations such as TLU A and the various trade organisations are seated in the field of work defined for each.
TLU SA encourages its members to become members of the specific trade organisations offering services to its specific farming branch. The importance of these industries mainly lies in their focus on the needed product development, marketing and research, while general aspects such as labour, safety, property rights issues, water affairs, energy and AgriBEE are left to organisations such as TLU SA.
These demarcations are important to prevent any misunderstandings. TLU SA respects each industry in its autonomy.
TLU SA’s approach to the industries involves a request for them to affiliate as special category members. It entails a full seat in the General Council as well as during the Congress. The various trade organisations will in doing so have access to information from TLU SA, which can be used to make better decisions in the interest of agriculture.
The various industries specialise in issues other than agricultural policies and should take care to not position themselves in such a way that their actions, but also by implication, shows agri-political choices.
NETWORK OF COMPANIES IN ISRAEL
The General Manager of TLU SA, Mr Bennie van Zyl, attended the Agri-Israel 4 conference in Israel at the end of June. The conditions in Israel forced them to research water use in all its forms in order to get the maximum output with the minimum water.
Technology is used to reach this goal and we can learn a great deal from them. It is however, important to realise that technology can be misused and lead to unnecessary expenses. You should choose wisely when applying technology.
A list of companies doing business in South Africa as well as some hoping to build a network here, is available below.
Click here to download the document.
NEGOTIATION / DISCUSSION / BARGAINING
TLU SA confirms the viewpoint that confrontation which develops from a difference in opinion, points of departure in principles, force or intimidation should be solved.
Negotiation, discussion or bargaining are the methods used for conflict solution.
TLU SA will not negotiate about recognised and accepted principles, but makes use of discussion and bargaining to reach strategic goals, without relinquishing rights.
- Negotiation will only happen between parties with a similar base of principles;
- Discussion is used to convey and debate the ideas or views of TLU SA to the opposition, and to keep the channel for discussion open;
- Bargaining is used to sign an agreement in the interest of both parties.
These methods of conflict resolution are used on all levels of the organisation, without relinquishing principles or rights, to convey and establish TLU SA’s views to prevent or handle conflict.
As an organisation which genuinely takes the interests of farmers to heart, TLU SA is extremely concerned about the financial stability of its members, taking into account the perfect storm farmers have to face:
- Farm attacks;
- Drought and climate change;
- Land expropriation;
- Lack of government support;
- Increased urbanisation draining skills, knowledge and future leadership from farms;
- Higher life expectancy and inflationary pressures as accelerants to longevity risk; and
- A trend towards stealth taxes in South Africa where business owners pay for mandatory legislated costs such as training levies and minimum wage increases which bring increased financial pressure to the farmer without any scientifically- guaranteed increase in productivity.
TLU SA thus swung into action and made an immediate commitment to energise its members and supporters in focussing on financial wellness by giving them exposure to unique tools, effective solutions and world leading financial planning technologies to assist them in the journey ahead.
All of this is possible through the new TLU SA Financial Wellness Desk, based at the TLU SA Head office in Silverton, Pretoria and headed by Kobus Oberholster, an experienced farm specialist Financial Advisor of Attooh Consulting Services*.
This initiative is rooted in a longstanding relationship between Kobus and the leadership of TLU SA.
“Members can view this initiative as a life boat for what looks like turbulent and uncertain financial times ahead and to ensure that they optimize all available financial mechanisms,” Mr Oberholster explains.
The first tool available to members and friends of TLU SA is the Financial Pressure Test, which was activated today.
“In just 10 questions answered in less than five minutes, member farmers can score their existing financial wellness and take the first step in repositioning their financial journey into the future,” he says. “Following this step, they will also qualify to receive a critically-important financial record-keeper- the Life File – with a live complimentary consultation by an accredited advisor in the collation, documentation and correct storage of every relevant financial record.”
Members can get access to these initial and essential tools, by participating in a short and confidential, five-question survey, which will provide TLU SA and its membership with valuable insights into current levels of financial literacy and “future fitness”.
The survey is available at this link: https://form.myjotform.com/90972105348560
*Attooh Consulting Services PTY LTD (FDV nr 18147) is an accredited financial services provider.
Mnr Kobus Oberholster, Hoof: TLU SA Finansiële Welstand Lessenaar,
Cell.: 082 330 8607,
Tel.: 012 804 8031,
The TLU Drought Fund was established in 1962 after a drought of five years and repeated outbreaks of foot and mouth disease in the then Transvaal.
Through the fund and help from the public, tons of feed, pastures and transport subsidies were made available to farmers in need.
The President and General Manager of TLU SA are ex officio the trustees of the TLU SA TRAUMAFONDS (TLU SA Trauma Fund)
The aim of the TLU SA Traumafonds is as follows:
The TLU SA Traumafonds will at all times have a minimum of three trustees, with trustees elected from the TLU SA Daily Management Committee, but also including the President and General Manager.
Funds are raised by way of voluntary donations and contributions, donorship and fundraising projects.
No donations or contributions which could be reversed by the donor may be accepted, except if the donor withdraws the contribution because the funds were not used in accordance with the set goals.
APPROPRIATION OF FUNDS
Funds are only allowed to be used to promote the set goals of the TLU SA Traumafonds.
All appropriations of funds have to be authorised by at least two of the trustees.
Payments are only allowed to be made to approved projects.
REMUNERATION OF OFFICIALS
Employers, officials and other persons are allowed to receive remuneration from the TLU SA Traumafonds subject to the remuneration being fair and market-related for the services delivered. Furthermore, the service rendered should be made to reach the goals of the TLU SA Traumafonds.
PAYMENT OF FUND RESERVES
No funds are to be paid out, directly or indirectly, to any organisation or person except to reach the goals of the TLU SA Traumafonds.
DISSOLUTION OF THE TLU SA TRAUMAFONDS
With the dissolution of the TLU SA Traumafonds, all reserve funds must be transferred to an organisation with broadly similar goals to the TLU SA Traumafonds.
The financial year-end of the TLU SA Traumafonds is 30 April. An audited annual report must be prepared and approved by the TLU SA Daily Management Committee.
Since the TLU SA Traumafonds is registered to receive donations in terms of Article 18A of the Income Act where certain conditions and requirements are requested to be met by SARS and where various of the requirements are already set out in the constitution, the Trustees agreed that the correspondence from SARS stipulating the requirements will be added as an addendum and will be viewed as an integral part of the constitution to ensure all requirements are included in the constitution.
|PROPERTY RIGHT FUND
In the past, TLU SA has found it necessary to present its case in court in the interest of its members to the benefit of other members of the agricultural community.
Laws making agricultural land taxable, have turned in the courts various times and TLU SA took its case to the higher courts every time until the Highest Court Of Appeal ruled in its favour.
Even though it was the Cullinan Farmer’s Association who fought the case, farmers across the country saved millions of rands because of the action and the positive ruling.
Cases such as these are very expensive. TLU SA is in the process of getting legal advice on aspects of the controversial Fire Arms Act as well as the Expropriation Bill. When it comes to the table, it will probably turn in the courts again and possibly be fought to the Constitutional Court.
TLU SA feels very spanly that its members’ property rights, and those of farmers in general, must be protected.
In light hereof, TLU SA created the Regshulpfonds (Legal Aid Fund) to make provision for these costs.
Because of the importance of this issue, it became clear that people from within agriculture as well as outside would like to contribute to this fund. Any contributions are appreciated.
Contributions can be made to:
Absa account 405 040 0686
Branch code: 632005
Branch code for deposits: 334445