SOUTHERN DISTRICT COUNCIL (CONTROL OF LIVESTOCK AND OTHER ANIMALS) BYE-LAWS
(under section 44 and 45)
(31st October, 2014)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Application
3. Interpretation
4. Establishment of stables
5. Prohibition of use of certain stables
6. Power to detain wandering livestock or other animal
7. Power to destroy certain animals
8. Troublesome or dangerous animals
9. Causing nuisance
10. Claiming of livestock
11. Penalties
Schedule
S.I. 126, 2014.
These Bye-laws may be cited as the Southern District Council (Control of Livestock and Other Animals) Bye-laws.
These Bye-laws shall apply to Kanye and Moshupa villages.
In these Bye-laws, unless the context otherwise requires
“Council” means the Southern District Council;
“council area” means any area within the villages of Kanye and Moshupa;
“council stable” means a stable established by the Council for purposes of these Bye-laws;
“livestock” means cattle, sheep, goat, horse, donkey or mule, pig, and any domesticated bird or poultry;
“other animals” includes any animal, bees or poultry under human control or which is otherwise domesticated;
“owner” includes any person who has charge, custody or control of any animal or the occupier of premises where any animal is kept or permitted to remain;
“poultry” includes any fowl, turkey, goose or duck, chicken, peacock or any domestic or captive bird under human control; and
“stable” includes a cowshed, kraal, pen, stall or sty and includes any site or enclosure which is used for purposes of keeping other animals.
The Council may by resolution establish a stable for purposes of these Bye-laws.
5. Prohibition of use of certain stables
(1) The Council may prohibit the keeping of livestock or other animal in any stable which, in the opinion of the Council, is unfit, undesirable or objectionable by reason of its locality, construction or the manner of use of such stable.
(2) Where the Council prohibits the use of a stable in terms of sub-bye-law (1), it shall notify the owner or occupier of the stable in writing, of its decision.
(3) Any person who uses a stable for keeping livestock or other animal after being notified by the Council under sub-bye-law (2) commits an offence.
6. Power to detail wandering livestock or other animal
(1) A law enforcement officer may seize and detain, in a council stable, any untended livestock or other animal found or reported wandering within the council area.
(2) Any livestock detained under these Bye-laws shall, if not claimed within a period of one month, be handed over to a matimela kraal as defined under the Matimela Act (Cap. 36:06).
(3) Any person who wilfully obstructs a law enforcement officer in the exercise of powers under sub-bye-law (1) commits an offence.
7. Power to destroy certain animals
(1) A law enforcement officer may in consultation with a veterinary officer and the Kgosi, destroy any animal, other than livestock found wandering within the council area where
(a) the animal causes injury or damage to any person or property; or
(b) the law enforcement officer has reasonable grounds to believe that the animal has or may cause injury or damage to any person or property.
8. Troublesome or dangerous animals
(1) A person shall not allow any troublesome, dangerous or ferocious animal to be at large off the premises on which such animal is normally kept.
(2) Any person who contravenes sub-bye-law (1) commits an offence.
(1) A person shall not keep any livestock or other animal so as to disturb the comfort of the inhabitants of the council area.
(2) Any person who contravenes sub-bye-law (1) commits an offence.
(1) The owner of any livestock or other animal detained in a council stable under these Bye-laws may, upon production of certified documents of ownership, and on payment of a fee set out in the Schedule, claim such animal.
(2) Any person who removes or attempts to remove from the council stable, any livestock or other animal detained under these Bye-laws without being authorised to do so and without payment of the fees set out in the Schedule commits an offence.
Any person who contravenes any of the provisions of these Bye-laws commits an offence and is liable
(a) on first conviction, to a fine not exceeding P500.00 or to imprisonment for a term not exceeding one month, or to both; and
(b) for a second or subsequent offence, to a fine not exceeding P1 000.00 or to imprisonment for a term not exceeding two months, or to both.
SCHEDULE
(bye-law 10(1))
|
Animal |
Fees |
|
Sheep, goats, pigs |
P15.00 per head per day |
|
Cattle, donkeys, mules and horses |
P30.00 per head per day |
|
Other animals |
P10.00 per head per day |