CENTRAL DISTRICT (LIVESTOCK CONTROL) BYE-LAWS
(under sections 33 and 34)
(23rd January, 1970)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation and application
2. Interpretation
3. Power to detain stray livestock
3A. Power to detain stray poultry
4. Yapping, etc., of dogs and bitches in season
5. Troublesome or dangerous animals
6. Bees and poultry
7. Establishment of livestock kraal, chicken run or enclosure
8. Claiming of livestock
8A. Claiming of poultry
8B. Records to be kept
9. Enforcement
10. Penalties
11. Period of detention of livestock
Schedule
S.I. 5, 1970,
S.I. 31, 2006,
S.I. 33, 2016.
These Bye-Laws may be cited as the Central District (Livestock Control) Bye-Laws, and shall apply to any village area in the area under the jurisdiction of the Central District Council*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-Laws unless the context otherwise requires
“authorised officer” means a person authorised by the Council, in writing, for the purpose of giving effect to, or enforcing these Bye-Laws;
“livestock” includes any domestic bovine animal, goat, sheep, swine, horse, donkey, mule, monkey or any canine, feline or carnivore;
“owner” means, in relation to any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain;
“poultry” means any fowl, turkey, goose, duck, chicken, peacock, pigeon or other domestic or captive bird under human control;
“stable” includes a cowshed, stall, pen and sty;
“Council” means the Central District Council and includes any Committee of the Central District Council set up to deal with livestock control;
“village area” means any village within the jurisdiction of the Council.
3. Power to detain stray livestock
(1) An authorised officer may seize and detain in any Council kraal or any other stable, any livestock found astray, at large or reported in a village.
(2) Any person who wilfully obstructs an authorised officer in the exercise of powers conferred by sub-bye-law (1) commits an offence.
3A. Power to detain stray poultry
An authorised officer may seize and detain in any Council chicken run or enclosure, any poultry found astray or at large in a village.
4. Yapping, etc., of dogs and bitches in season
(1) No person shall permit the yapping, whining or barking of dogs so as to disturb the comfort of any inhabitants of the village area.
(2) No person shall allow any bitch to be at large at such times as she is on heat or in season.
5. Troublesome or dangerous animals
No person shall allow any wild, troublesome, ferocious dog, monkey, carnivorous wild animal or reptile to be at large off the premises on which such animal is normally kept.
A person shall not keep any bees or poultry so as to disturb the comfort of the inhabitants of the village area.
7. Establishment of livestock kraal, chicken run or enclosure
The Council may by resolution establish a livestock Kraal, chicken run or enclosure for the purposes of these Bye-Laws.
(1) A person entitled to take possession of any livestock detained under these Bye-Laws in a kraal or enclosure established in accordance with these Bye-Laws may, upon production of certified documents and payment of the prescribed fee, claim and take possession of such livestock.
(2) Any person who removes or attempts to remove any livestock detained under this bye-law without payment of the prescribed fee commits an offence.
(1) A person entitled to take possession of any poultry placed in a chicken run or enclosure established in accordance with these Bye-Laws may, within seven days of being notified in writing by the Council, claim such poultry on payment of a fee set out in the Schedule.
(2) Any poultry placed in a chicken run or enclosure that remains uncollected under sub-bye-law (1) may be sold by the Council by public auction.
(3) Any person who removes or attempts to remove any poultry detained under this bye-law without payment of the prescribed fee commits an offence.
(1) An authorised officer shall keep a record of death, injury and cause of death or injury of animals in his or her care.
(2) Where an authorised officer fails to keep a record in accordance with sub-bye-law (1), or there is falsity in the material aspect of the record, it shall be prima facie proof that the death or injury of the animal was due to the fault of the authorised officer.
The Council may by resolution request the assistance of any person or organisation for the better carrying out of the provisions of these Bye-Laws.
Any person who contravenes the provisions of these Bye-Laws commits an offence and is liable
(a) to a fine not exceeding P 2000, or in default of payment thereof, to imprisonment for a term not exceeding six months, or to both; and
(b) on a second or subsequent conviction to a fine not exceeding P 5000, or in default of payment thereof, to imprisonment for a term not exceeding two years, or to both.
11. Period of detention of livestock
Any livestock detained under these Bye-Laws shall, if not claimed within a period of seven days be handed over to a matimela kraal as defined under the Matimela Act (Cap. 36:06).
SCHEDULE
(Bye-laws 8 and 8A)
|
(a) Sheep, goats and pigs |
P20 per head per day |
|
(b) Cattle, donkeys, mules and horses |
P30 per head per day |
|
(c) Poultry |
P10 per head per day |
|
(d) Other animals |
P5 per head per day |