KwaZulu-Natal Pound Act, 2006

Jurisdiction
South Africa · KwaZulu-Natal
Citation
Act 3 of 2006
Date
10 October 2006
Language
English
Type
Legislation
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KwaZulu-Natal
South Africa

KwaZulu-Natal Pound Act, 2006

Act 3 of 2006

ACT(English text signed by the Premier)To regulate the establishment of municipal pounds and the impounding of animals; and to provide for matters connected therewith.BE IT ENACTED by the Provincial Legislature of the Province of KwaZulu-Natal, as follows:-

1. Definitions

In 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 Act

This 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

(1)Each municipality without a pound must, within 12 months after the commencement of this Act, establish and operate a pound to service its area of jurisdiction.
(2)Notwithstanding the provisions of subsection (1), a municipality may, within a period of 12 months after the commencement of this Act, enter into a service delivery agreement with an institution or person mentioned in section 76(b) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), to provide for the establishment and operation of a pound to service its area of jurisdiction.

4. Appointment of poundkeeper

Each 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

(1)The owner of land upon which any animal is found trespassing may seize such animal for impounding: Provided that such animal may not be removed to a pound before notice is given to the owner in writing no less than 72 hours prior to the removal to the pound.
(2)Any animal found straying untended upon any public road or public place may be seized for impounding by—
(a)a member of the South African Police Services;
(b)a member of the South African National Defence Force;
(c)a member of the KwaZulu-Natal Road Traffic Inspectorate;
(d)a member of any municipal police or protection services; or
(e)the owner of any land through or alongside which such road passes or which abuts on such public place.
(3)A person may not keep an animal, seized for purposes of impounding in terms of in subsections (1) and (2), for a period longer than six hours without supplying such animal with adequate food and water.
(4)Any person who has seized an animal for purposes of impounding must comply with the provisions of the Code of Good Practice on the Handling and Transportation of Impounded Animals contained in Schedule 1.

6. Animals too vicious, intractable or wild to be impounded

If 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

(1)The owner of an animal seized in terms of section 5(1) may apply to the owner of land referred to in section 5(1) for the release of such animal prior to its removal to the pound.
(2)The owner of land referred to in section 5(1)—
(a)may release such animal forthwith; or
(b)may refuse the release of the animal, whereupon he or she may apply to Court for authority to impound the animal or to claim any damages he or she may have suffered, in which event the Court may make any order, including an order as to costs that the Court deems just and equitable.
(3)The owner of an animal seized in terms of section 5(2) may apply to the relevant person referred to in S5(2) for the release of such animal prior to its removal to the pound, in which event the person who seized the animal must release such animal forthwith.

8. Care of trespassing animals

A 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 taken

An 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 pound

A person sending animals to the pound must provide the poundkeeper of the nearest accessible pound with the following—
(a)the number and description of the animals in writing;
(b)the land upon which the animals were found trespassing in writing;
(c)the distance in kilometers, by the shortest practical route, between the place on such land where the animals were seized and the pound in writing; and
(d)a copy of the notice given in terms of section 5(1).

11. Acceptance at pound of animals to be impounded

A poundkeeper may not refuse to accept an animal for impounding.

12. Pound register

(1)Each poundkeeper must—
(a)maintain a pound register containing the information contemplated in Schedule 2, which must be available for public inspection at all reasonable times; and
(b)complete the pound register immediately upon the acceptance into the pound of any animal.
(2)A poundkeeper who—
(a)neglects or refuses to comply with any of the provisions of subsection (1);
(b)knowingly makes a false entry in the pound register;
(c)fraudulently destroys or erases any previous entry in the pound register; or
(d)wilfully delivers a false copy or extract from the pound register to any person, is guilty of an offence.

13. Notice to owners of impounded animals

A poundkeeper must immediately notify the owner of an impounded animal in writing of the impounding of any animal.

14. Care of impounded animals

(1)A poundkeeper—
(a)is responsible for the proper care of all impounded animals;
(b)must ensure that fresh water and sufficient food is available to impounded animals at all times; and
(c)is liable to the owner of an impounded animal for any damage caused by his or her wilful or negligent acts or omissions.
(2)
(a)If the poundkeeper is of the opinion that an impounded animal is dangerously vicious, permanently disabled or terminally ill, he or she must apply to the Court, who may authorise the destruction or other disposal of the impounded animal, if the Court is satisfied that the condition of such animal warrants its destruction or disposal.
(b)Where the Court authorizes the destruction or disposal of an animal on application by the poundkeeper, the poundkeeper must immediately notify the owner in writing of the order of Court and the destruction or disposal of the animal.

15. Isolation of infected animals

Any 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—
(a)provide separate accommodation for such animal;
(b)immediately isolate the animal, and report the disease to the nearest State Veterinarian; and
(c)immediately notify the owner of the animal of such disease in writing.

16. Treatment of impounded animals

A poundkeeper—
(a)may not work or in any way make use of an impounded animal or permit any such animal to be worked or made use of by any other person; and
(b)must ensure that all impounded male animals are at all times kept apart from female animals.

17. Death of or injury to impounded animals

If an impounded animal is injured or dies, the poundkeeper must—
(a)record the injury or cause of death in the pound register referred to in section 12; and
(b)notify the owner of the animal in writing of the injury or death.

18. Copies of Act to be made available

A 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 poundkeeper

A poundkeeper may —
(a)charge, and recover from, the owner of an impounded animal the fees; and
(b)recover from the owner of an impounded animal the cost of any dipping, inoculation, medical care or other treatment that may be necessary or required in terms of this Act or any other law, in accordance with Schedule 3.

20. Release of impounded animals

(1)A poundkeeper must immediately release an impounded animal, and give the owner a written receipt, upon the owner —
(a)providing proof of ownership of such animal; and
(b)paying to the poundkeeper any fee and costs due in terms of section 19.
(2)If the owner of an impounded animal is unable to pay the fees or costs due in terms of section 19, a poundkeeper may retain such animal to recover such fees or costs as may be due and payable.

21. Sale of impounded animals

(1)The poundkeeper must —
(a)within 14 days of the impounding of an animal, apply to the Court for authority to sell the animal; and
(b)in the application contemplated in paragraph (a), provide the Court with proof that the poundkeeper lodged a statement with the owner setting forth all the amounts, including fees, costs and damages, due in terms of this Act.
(2)The statement contemplated in subsection (1)(b) must include—
(a)the fees and costs incurred by the poundkeeper; and
(b)the amount of any damages that the owner of the land on which the impounded animal trespassed, may have suffered.
(3)Whether or not the amounts set forth in the statement contemplated in subsection (1)(b) are disputed, the Court must—
(a)summarily enquire into the matter;
(b)enquire whether notice was given to the owner of the animal by the poundkeeper; and
(c)make such order as it considers just and equitable, including an order—
(i)as to costs; and
(ii)on the process to be followed by the poundkeeper in the sale of the animal.

22. Poundkeeper may not purchase impounded animals

The 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 sale

In the event that any animal is not sold as contemplated in section 21—
(a)the poundkeeper must immediately advise the Court and the owner of its estimated value and the fees and costs incurred; and
(b)the Court may make such order as it may deem just and equitable.

24. Proceeds of sale

If any impounded animal is sold at a price in excess of—
(a)the fees and costs incurred; and
(b)any damages awarded in terms of section 21,
such excess must be paid by the poundkeeper to the owner within 30 days of the sale, unless the identity of the owner has not been established, in which event the excess must be paid by the poundkeeper into the municipal revenue fund.

25. Action for recovery of damages

Nothing 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 Court

An application to Court for—
(a)the impoundment of an animal in terms of this Act, must comply with the procedure referred to in Rule 55 of the Rules of Court; and
(b)the sale of an impounded animal in terms of this Act, must comply with the procedure referred to in section 66 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and Rule 41 of the Rules of Court, made by the Rules Board for Courts of Law in terms of the Rules Board for Courts of Law Act, 1985 (Act), and published under Government Notice No. R. 1108 in Regulation Gazette No. 980 of 21 June 1968, as amended from time to time, read with the necessary changes.

27. Offences and penalties

A person who—
(a)releases an animal that was lawfully seized for the purpose of being impounded or which has been lawfully impounded;
(b)unlawfully seizes an animal for the purpose of impounding it;
(c)unlawfully impounds an animal; or
(d)contravenes any provision of this Act, is guilty of an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding six months.

28. Regulations

(1)The responsible Member of the Executive Council may, by notice in the Gazette and after consultation with organised local government—
(a)make regulations concerning any matter referred to in this Act which, in the opinion of the responsible Member of the Executive Council, is or may be necessary or expedient for the effective carrying out or furtherance of the provisions and objects of this Act; or;
(b)if in the application of this Act, administrative problems are being experienced, make regulations to remove such administrative problems.
(2)The regulations may provide that any person contravening any regulation or failing to comply therewith is guilty of an offence and liable on conviction to a fine, or to imprisonment not exceeding six months.

29. Schedules 1, 2 and 3 form part of Act

(1)Schedules 1, 2, and 3 to this Act form part of the Act for all purposes.
(2)The responsible Member of the Executive Council may, by notice in the Gazette and after consultation with organised local government, amend Schedules 1, 2 and 3 to this Act.

30. Repeal of laws

The laws mentioned in Schedule 4 are hereby repealed to the extent set out in the third column of the said Schedule.

31. Transitional arrangements

(1)A pound established in terms of the repealed Pound Ordinance, 1947 (Ordinance No. 32 of 1947 (Natal)), continues to exist and operate in terms of the corresponding provisions of this Act until the day immediately before the date of—
(a)the establishment of a pound in terms of section 3(1) of this Act; or
(b)the coming into operation of an agreement contemplated in terms of section 3(2) of this Act.
(2)In accordance with section 15 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), a municipal council of a municipality must, within six months from the date of the coming into operation of this Act, review the provisions of every municipal by-law relating to the establishment and operation of pounds which the municipality administers to ensure their consistency with the principles of this Act.

32. Short title

This Act is called the KwaZulu-Natal Pound Act, 2006.

Schedule 1

Code of Good Practice on the Handling and Transportation of Impounded Animals (Section 5(4))

Part I – Paddock requirements

1.Different species of animals must be kept in separate paddocks.
2.Animals may not be penned in overcrowded paddocks, and penning space provided for in each paddock must be sufficient to permit all animals to lie down at the same time and must not be less than 1,5 square metres of floor area for each animal.
3.Fractious animals may not be kept with other animals.
4.Young, weaned juvenile animals, may not be penned with adult animals, except in the case of mother and offspring.
5.Provision must be made in paddocks for—
(a)facilities such as racks, mangers or other suitable feed containers that are easy to clean, which will allow the feeding of an animal off the floor, and which can be serviced without disturbing the animals;
(b)water troughs with an adequate supply of suitable fresh water at all times;
(c)sufficient facilities for the adequate cleaning of paddocks; and
(d)facilities for the safe handling of animals.
6.
(a)The paddocks must at all times be maintained in a good state of repair.
(b)Sharp points such as wire ends, broken boards, jagged ends or protruding hinges or bolts, which could cause injury to animals, must be removed or otherwise suitably covered.
7.The floor of the entire paddock, including the off-loading banks, races, and passages, must be so constructed as to provide adequate non-slip surfaces that can be efficiently and suitably cleaned and kept dry and in a condition fit for the holding of animals.

Part II – Handling of animals

8.Animals must at all times be handled humanely and with patience and tolerance.
9.The following must be kept in mind when handling animals—
(a)animals respond more readily to being driven when the driver stands behind the animal but within its field of vision; and
(b)herd animals respond more readily to being driven when in a group rather than singly.
10.Animals may not be dragged by their legs, or carried by their head, ears or tail.
11.Young calves must be carried if they cannot walk with ease, by lifting the calf around the chest and hindquarters, alternatively they must be guided with one hand on the hindquarters and the other near shoulder or neck, and walked in the required direction at an appropriate and comfortable pace.
12.Only sticks with canvas or belting flaps may be used when driving animals and it is preferable to strike the ground behind the animal rather than to hit the animal.
13.Electric prodders, sticks or goads may not be used on young calves.
14.Electric prodders may not be used excessively or indiscriminately or applied to the face, anal or genital areas of animals.

Part III – Movement of animals

15.Animals driven on the hoof must at all times be under proper and competent supervision.
16.Animals on the hoof must be driven in a calm manner at a gait that is relaxed and comfortable, natural to that animal, and not faster than the pace of the slowest animal.
17.Animals may not be driven for periods in excess of 10 hours without being given rest of at least one hour and provided with sufficient suitable fresh water that is available to all the animals.
18.No animal on the hoof may be moved in excess of the following distances—
(a)during a journey of not more than one day’s duration—
(i)20 kilometres for sheep and goats; and
(ii)30 kilometres for cattle; and
(b)during a journey of more than one day’s duration—
(i)20 kilometres during the first day and 15 kilome tres during each subsequent day for sheep and goats; and
(ii)25 kilometres during the first day and 20 kilometres during each subsequent day for cattle.
19.Animals must be watered and fed immediately on reaching their night camp or final destination, with sufficient food of a quality and of a type compatible with the species.
20.Animals may not be moved in the dark.
21.No sick, injured or disabled animal may be moved on the hoof.

Part IV – Vehicles used in transporting animals

22.Vehicles and all trailers used in the transport of hoofed animals must be suitable for the transport of such animals and in a roadworthy condition.
23.All vehicles and trailers referred to in item 22 must have—
(a)a suitable non-slip floor which may not impede the cleaning of the floor of the vehicle, with hinged or removable battens or steel grids being permissible;
(b)adequate ventilation and light whilst in motion as well as when stationary, with no vehicle being totally enclosed;
(c)adequate protection from exhaust gasses, as exposure to exhaust fumes could interfere with the animals’ respiration or cause distress;
(d)sidewalls high enough to prevent animals from escaping or falling out of the vehicle: Provided that—
(i)the sides and partitions, when used in a vehicle to separate animals carried therein, must be of a height not lower than the shoulder joint of the largest animal being transported;
(ii)in the case of cattle other than calves, the minimum height must be 1 800 millimetres; and
(iii)the minimum height must be 750 millimetres in the case of any smaller animals;
(e)in multi-tier vehicles, heights between decks must be adequate, and in case of sheep and pigs not less than 1 000 millimetres, to enable the largest animals to stand naturally, freely and fully erect and to allow adequate space for the free flow of air above the animals;
(f)floors that are solid and impervious;
(g)loading and offloading openings at the rear of the vehicle that are the full width of the vehicle or, if at the sides, a width not less than 2 400 millimetres; and
(h)gates, with or without partitions—
(i)of a design and construction strong enough and suitable for the conveyance of the intended consignment; and
(ii)that open and close freely and are able to be well-secured.
24.The density of animals packed into any given space must be such as to ensure the safety and comfort of the animals during transport, and the recommended floor space per animal is—
(a)1,4 square metres per large animal; and
(b)0,5 square metre per small animal.

Part V

Watering and feeding of live animals prior to loading

25.Animals must be provided with sufficient and suitable food and fresh water until the commencement of the journey.

Loading and off-loading procedure

26.Loading and off-loading into or out of a vehicle must be accomplished as quietly and calmly as possible, with patience and tolerance and without undue harassment, terrifying of the animals, braising, injury, suffering or undue stress.
27.No animal may be loaded or off-loaded by lifting by the head, fleece, skin, ears, tails, horns or legs.
28.No animals may be loaded or off-loaded otherwise than—
(a)by means of a ramp with a non-slip surface, sturdy enough to support the weight of the species of animals being handled, with side panels or bars adequate to prevent animals escaping or falling off the ramp and of an incline not steeper than 25 degrees; or
(b)at a loading bank equal to the height of the floor of the vehicle or, at off- loading, not more than 310 millimetres below the level of the off-loading vehicle and with an incline not exceeding 25 degrees.
29.Where a truck is equipped with an onboard removable loading ramp it must have a non-slip surface and be of a sufficient length when lowered, that the inclination is no steeper than the inclines referred to in item 28, with the distance from the ground to the heel of the ramp not exceeding 120 millimetres.
30.Ramps must be correctly adjusted to the exact height of the vehicle’s floor.
31.Journeys must commence as soon as possible after the live animals have been loaded and the animals must be promptly off-loaded upon arrival at the destination.
32.Unless adequate provision has been made for effective separation, different species of animals may not be loaded and transported in the same vehicle.
33.Animals of different ages, sizes and sexes may not be loaded and transported in the same vehicle unless adequate provision has been made for the effective separation of such animals.
34.Adult homed cattle may not be transported with polled cattle and they must also be penned separately.
35.When there is reason to believe that an animal is likely to give birth in the course of a proposed journey, the animal may not be loaded onto a vehicle.
36.In the case of an animal giving birth during transport, the necessary measures must be taken to ensure the protection of the mother and offspring from being trampled or otherwise injured or harassed by other animals.
37.In the event of—
(a)a breakdown of the transport vehicle;
(b)an accident or collision in which the transport vehicle is involved; or
(c)injury to, or death of, any animal in transit, the carrier must immediately report the details to, and request assistance from—
(i)in the case of paragraph (a), a breakdown service;
(ii)in the case of paragraph (b), the South African Police and the traffic authorities; or
(iii)in the case of paragraph (c), a veterinarian.

Part VI – Restraining of animals during transportation

38.Where the transport of any animal may cause injury to itself or any other animal, it must be restrained in such a manner as to prevent such injury.
39.No animals may be kept in restraint for more than 4 hours in any 24-hour period.
40.No wire or bailing twine may be used for tying the animal’s legs or feet.
41.To avoid strangulation or neck-break, a slipknot may not be used where animals are secured to the vehicle by horns or neck, and the rope must be attached to the vehicle at the level of the animal’s knees so that in the event of the animal falling, the possibility of serious injury or death is reduced, with the rope being long enough to allow the animal to lie comfortably in a natural position with its head upright.

Schedule 2

Pound register information (Section 12)

A pound register must, at least, contain the following information—1. Name of pound2. Date of receipt of animal3. Number and description of animals4. Brands or markings on animal5. Ear tag number assigned by the poundkeeper6. Name and address of person who seized the animal7. Name and address of person who delivered the animal to the pound8. Name and address of owner of land9. Name and address of owner of animal10. Name and address or description of place where animal was found11. Distance from location where animal was seized to pound12. Particulars of damage caused by the animal13. Transport fees payable14. Details of destruction or disposal of animal15. Cause of death or injury of impounded animal16. Description and amount of pound fees17. Damages awarded by Court18. Date of release of animal19. Date of sale of animal20. Proceeds of sale of animal21. Name and address of purchaser22. Excess amount (if any) paid to owner or municipality23. Receipt number24. Details of Order of Court with regard to animal not sold in execution

Schedule 3

Fees and costs per animal due and payable to poundkeeper (Section 19)

Type of fee or costAmount of fee or cost due and payable
1. Transport feeThe kilometre tariff for the vehicle which, in the discretion of the poundkeeper, is reasonably necessary to transport the relevant animal to the pound, as determined by the Automobile Association of South Africa (AA) from time to time
2. All inclusive Pound fee, which includes—(a) the pound fee;(b) a tending fee;(b) dipping or spraying fees;(c) wound dressing costs and fees;(d) medication costs and fees; and(e) veterinarian fees(i) R15-00 per day, or part thereof, for any pig, sheep or goat; and(ii) R50-00 per day, or part thereof, for any other animal

Schedule 4

Repeal of laws (Section 30)

Number and year of lawTitleExtent of repeal
Ordinance No. 32 of 1947Pound Ordinance, 1947 (Natal)The whole
Ordinance No. 20 of 1952Pound Amendment Ordinance, 1952 (Natal)The whole
Ordinance No. 8 of 1954Pound Amendment Ordinance, 1954 (Natal)The whole
Ordinance No. 38 of 1956Pound Amendment Ordinance, 1956 (Natal)The whole
Ordinance No. 31 of 1964Pound Amendment Ordinance, 1964 (Natal)The whole
Ordinance No. 7 of 1965Pound Amendment Ordinance, 1965 (Natal)The whole
Ordinance No. 32 of 1969Pound Amendment Ordinance, 1969 (Natal)The whole
Ordinance No. 16 of 1978Pound Amendment Ordinance, 1978 (Natal)The whole
Ordinance No. 20 of 1983Pound Amendment Ordinance, 1983 (Natal)The whole
Ordinance No. 19 of 1986Pound Amendment Ordinance, 1986 (Natal)The whole
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History of this document

10 October 2006 this version
Commenced
04 October 2006
Assented to