KGATLENG DISTRICT COUNCIL (CONTROL OF LIVESTOCK AND OTHER ANIMALS) BYE-LAWS
(sections 33 and 34)
(22nd February, 1980)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Power to detain wandering livestock
4. Power to destroy certain animals
4A. Period of detention of livestock
5. Power to prohibit the use of certain stables
6. Dangerous animals
7. Causing nuisance
8. Claiming of livestock
8A. Protection from personal liability
9. Penalties
First Schedule – Village Area
Second Schedule – Council Stable and Kraal Fees
S.I. 23, 1980,
S.I. 114, 2010,
S.I. 14, 2018.
These Bye-laws may be cited as the Kgatleng District Council (Control of Livestock and Other Animals) Bye-laws*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.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 official” means a person authorised by the Council Secretary, in writing, to give effect to or enforce these Bye-laws;
“Council” means the Kgatleng District Council or any committee appointed by the Council for the purposes of controlling livestock and other animals;
“Council Officer” means the Council Secretary, the Council Treasurer, Bye-law Enforcement Officer and any other authorised official;
“Council stable” means a stable established by the Council for the purposes of these Bye-laws;
“herd boy” means a council employee so authorised to drive astray, wandering or reported animals or detain them into council kraals;
“livestock” means cattle, sheep, camels, goats, horses, mules, asses, pigs, canines, felines, monkeys, other carnivora and all domesticated birds or poultry;
“police officer” means any member of the Botswana Police Service;
“stable” means any cowshed, stall, pen, kraal, sty, paddock or other fenced or enclosed area established by the Council for keeping animals;
“village area” means any village within the Kgatleng District Council.
3. Power to detain wandering livestock
(1) Any person authorised by the Council in writing in that behalf may seize and detain in a Council stable or kraal any untended livestock found wandering at large within a village area.
(2) Any person who wilfully obstructs another in the exercise of the powers conferred by sub-bye-law (1) shall be guilty of an offence.
4. Power to destroy certain animals
(1) Any person authorised by the Council in writing in that behalf may destroy any animal, other than livestock, found wandering within a village area if
(a) the animal in his presence causes injury or damage to any person or property; or
(b) he has reasonable grounds to believe that the animal has recently caused or is about to cause such injury or damage.
(2) Any person who wilfully obstructs another in the exercise of the powers conferred by sub-bye-law (1) shall be guilty of an offence.
4A. Period of detention of livestock
Any livestock detained under these Bye-laws shall, if not claimed within seven days, be handed over to a matimela kraal in terms of the Matimela Act (Cap. 36:06).
5. Power to prohibit the use of certain stables
(1) Where the Council is of the opinion that any stable ought not to be used for the keeping of livestock by reason of its situation, construction, condition or the habitual manner of its use, the Council may, by notice in writing served on the owner or occupier of the stable, prohibit such use until such time as the notice is cancelled by the Council in writing.
(2) Any person who uses a stable for the keeping of livestock after a notice under sub-bye-law (1) has been served on the owner or occupier of the stable and before the notice is cancelled in accordance with sub-bye-law (1) shall be guilty of an offence and liable to a fine not exceeding P20 or in default of payment to imprisonment for a term not exceeding one month.
Any person who permits or allows any troublesome or ferocious dog or monkey or any carnivorous wild animal to be at large off the premises on which such animal is normally kept shall be guilty of an offence.
Any person who keeps any livestock or bees so as to disturb the comfort of the inhabitants of a village area shall be guilty of an offence.
(1) Any person entitled to take possession of livestock detained under these Bye-laws in a Council stable or kraal may remove the livestock upon production of certified identity documents on payment of the appropriate fee specified in the Second Schedule.
(2) Any person who removes or attempts to remove from a Council stable or kraal livestock therein detained under these Bye-laws without payment of the appropriate fee shall be guilty of an offence.
8A. Protection from personal liability
No matter or thing done or omitted to be done by a member or staff of the Council shall, if the matter or thing is done or omitted to be done in good faith in the course of the performance of the functions of the Council, render that member or staff liable to an action, claim or demand.
Any person guilty of an offence under these Bye-laws for which no penalty is provided shall be liable on first conviction to a fine not exceeding P2 000 or in default of payment to imprisonment for a term not exceeding six months days or in the event of a second or subsequent conviction to a fine not exceeding P5 000 or in default of payment to imprisonment for a term not exceeding one year.
FIRST SCHEDULE
VILLAGE AREA
(bye-law 2)
The area within a radius of eight kilometres from Mochudi Post Office.
SECOND SCHEDULE
COUNCIL STABLE AND KRAAL FEES
(bye-law 8)
|
Animals |
Fee |
|
Sheep, goat and pig |
P5 per head per day |
|
Cattle, donkey, mule and horse |
P10 per head per day |
|
Other animals |
P2 per head per day |