KwaZulu-Natal Pound Act, 2006
Act 3 of 2006
- Published in KwaZulu-Natal Provincial Gazette 6513 on 10 October 2006
- Assented to on 4 October 2006
- Commenced on 10 October 2006
- [This is the version of this document from 10 October 2006 and includes any amendments published up to 14 June 2023.]
1. DefinitionsIn this Act, unless the context otherwise indicates—“animal” means a horse, bovine, donkey, sheep, goat, pig, ostrich, dog, cat or the hybrid of any such animal, and “animals” has a corresponding meaning;“Court” means a Magistrate’s Court as referred to in section 166(d) of the Constitution, 1996, having jurisdiction in the area in which the pound is situated;“Gazette” means the official Provincial Gazette of KwaZulu-Natal;“municipality” means a municipality contemplated in section 155 of the Constitution of the Republic of South Africa, 1996, and established by and under sections 11 and 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), read with sections 3, 4 and 5 of the KwaZulu-Natal Determination of Types of Municipality Act, 2000 (Act No. 7 of 2000), and “municipalities” has a corresponding meaning;“organised local government ” means the KwaZulu-Natal Local Government Association being that organisation in the Province of KwaZulu-Natal recognised in terms of section 2(1) of the Organised Local Government Act, 1997 (Act No. 52 of 1997), as representing the majority of municipalities in the Province;“owner”, in relation to any—(a)animal, means an owner who is known, or whose identity, with the exercise of reasonable diligence, can be ascertained, and includes the agent of the owner or other person having the lawful custody or possession of such animal; or(b)land, means the owner, and includes a lessee or lawful occupier of such land or his or her agent;“pound” means a pound established in terms of section 3, and “pounds” has a corresponding meaning;“poundkeeper” means any person appointed in terms of section 4, and includes any person acting for or on behalf of the appointed pound keeper;“regulations” means any regulation made in terms of section 28;“responsible Member of the Executive Council” means the Member of the Executive Council of the Province of KwaZulu-Natal responsible for local government;“service delivery agreement” means a service delivery agreement as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);“this Act” includes the regulations and the Schedules to the Act.
2. Application and administration of ActThis Act applies to all municipalities within the Province of KwaZulu-Natal, and is administered by the responsible Member of the Executive Council: Provided that the Act does not apply to a municipality which, in the opinion of the responsible Member of the Executive Council, has established a pound in terms of a municipal by-law that complies with the principles of this Act.
3. Establishment and operation of pounds
4. Appointment of poundkeeperEach municipality must, in terms of its human resource policy, appoint a suitably skilled and experienced person as a poundkeeper: Provided that a municipality may not appoint such poundkeeper if a pound is operated in terms of section 3(2).
5. Trespassing or straying animals may be impounded
6. Animals too vicious, intractable or wild to be impoundedIf a Veterinarian, or in a situation where a veterinarian cannot be reached a member of the South African Police Services, is satisfied that an animal found trespassing on any land, or straying untended on a public road or public place, is too dangerously vicious, intractable or wild to be impounded, he or she may authorise the humane destruction or other disposal of the animal after giving written reasons and written notice thereof to the owner of the animal.
7. Release of animals before removal to pound
8. Care of trespassing animalsA person may not work, use or ill-treat an animal found trespassing on any land or whilst such animal is in the process of being removed to a pound.
9. Pound to which animals must be takenAn animal seized for the purpose of impounding in terms of section 5, must be removed to the nearest accessible pound, by the shortest practical route, and within the shortest practical time: Provided that animals of different species must be separated at all times according to their species.
10. Information to be supplied to poundkeeper of animals sent to poundA person sending animals to the pound must provide the poundkeeper of the nearest accessible pound with the following—
11. Acceptance at pound of animals to be impoundedA poundkeeper may not refuse to accept an animal for impounding.
12. Pound register
13. Notice to owners of impounded animalsA poundkeeper must immediately notify the owner of an impounded animal in writing of the impounding of any animal.
14. Care of impounded animals
15. Isolation of infected animalsAny poundkeeper who suspects, or is aware, that an impounded animal, or an animal to be impounded, is infected with any disease contemplated in the Animal Diseases Act, 1984 (Act No. 35 of 1984), must—
16. Treatment of impounded animalsA poundkeeper—
17. Death of or injury to impounded animalsIf an impounded animal is injured or dies, the poundkeeper must—
18. Copies of Act to be made availableA poundkeeper must ensure that sufficient legible copies of the English, isiZulu and Afrikaans texts of this Act are available at the pound for inspection.
19. Fees and costs payable to poundkeeperA poundkeeper may —
20. Release of impounded animals
21. Sale of impounded animals
22. Poundkeeper may not purchase impounded animalsThe poundkeeper, or a family member or close associate of the poundkeeper, may not purchase an animal offered for sale at a sale of the relevant pound, either personally or through another person.
23. Animals unsuccessfully offered for saleIn the event that any animal is not sold as contemplated in section 21—
24. Proceeds of saleIf any impounded animal is sold at a price in excess of—
25. Action for recovery of damagesNothing in this Act prevents any person from instituting action in any court with jurisdiction for the recovery of damages suffered by reason of a trespassing animal.
26. Procedure to be followed in applications to CourtAn application to Court for—
27. Offences and penaltiesA person who—
29. Schedules 1, 2 and 3 form part of Act
30. Repeal of lawsThe laws mentioned in Schedule 4 are hereby repealed to the extent set out in the third column of the said Schedule.
31. Transitional arrangements
32. Short titleThis Act is called the KwaZulu-Natal Pound Act, 2006.
History of this document
10 October 2006 this version
04 October 2006