North West
South Africa
South Africa
North West Pounds Act, 2010
Act 7 of 2010
- Published in North West Provincial Gazette 6912 on 12 July 2011
- Commenced on 12 July 2011
- [This is the version of this document from 12 July 2011 and includes any amendments published up to 7 May 2024.]
1. Definitions
In this Act, unless inconsistent with the context:-“animal” means any equine or bovine animal and animals shall have a corresponding meaning;“bovine (bovid)” means an animal of large family of ruminants having a pair of hollow un-branched horns e.g oxen, sheep, goats and antelope;“equine” means an animal with horse characteristics;“department” means the North West Provincial Department of Local Government and Traditional Affairs;“dispose” means to put apart or to arrange in a particular manner or to place in certain order or to have power to arrange or settle affairs or to regulate affairs;“dispose of to deal with conclusively or to settle or to give away or to sell or to get rid of or to throw away;“MEC” means a Member of the Executive Council responsible for Local Government and Traditional Affairs;“municipality” means a municipality established in terms of section 156 of the Constitution of the Republic of South Africa Act, Act No. 108 of 1996;“owner” includes a person who is known or whose identity, with exercise of reasonable diligence, can be ascertained and, in relation to:-(a)an animal, includes the owner or agent or other person having lawful custody or possession of such animal; or(b)land, includes the owner, lessee or lawful occupier of such land, or his or her agent;“pound” means a pound established in terms of section 3 of this Act;“pound master” means a person appointed in terms of section 4 of this Act;“prescribed” means prescribed by regulations contemplated in section 25 of this Act;“public road” means any road, street or thoroughfare or any other place which is commonly used by the public or section thereof or to which the public or section thereof have the right of access and includes—(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or ford traversed by any such road, street or thoroughfare; and(c)any other work or thing forming part of or connected with or belonging to such road, street or thoroughfare;“veterinarian” means an animal health practitioner who possesses the necessary qualifications accredited or recognized by the South African Qualifications Authority;2. Application of the Act
This Act applies to all pounds established anywhere in the province whether in terms of this Act or any other law which is in force immediately prior to the promulgation of this Act or otherwise repealed in terms of any provision of this Act.3. Establishment of pounds
4. Appointment of pound master
5. Impounding of animals
6. Animals too vicious, intractable or wild to be driven to the pound
Where an animal found trespassing on land or to be straying unattended on a public road or public place is certified by a State Veterinarian or a person contemplated in section 5(2)(a)-(c) to be too dangerous, vicious, intractable, too sick to be driven or transported to a pound, or too wild, it may be disposed of in an acceptable manner; provided that, where possible, a notice shall be given to the owner of such animal before destruction or disposal is effected.7. Release of animals before removal to pound
A person whose animal has been seized for purposes of impoundment may before the impounding of thereof, upon proof of ownership shown, request the person who seized such animal to release it prior to its removal to the pound, in which event the person who seized the animal:-8. Care of trespassing animal
A person may not work, use or ill-treat an animal found trespassing on his or her land before he or she may remove it to a pound.9. Animal not to be worked
A pound master under whose care an animal has been kept may not work, use or ill-treat such animal; provided that the pound master may milk any such animal to avoid damaging its udder; provided further that the pound master may not sell such milk or supply it to other persons.10. Pound into which an animal may be taken
A person who seizes an animal for purposes of impounding it must remove such animal into the nearest accessible pound, using the shortest possible route and within the shortest possible time; provided that animals may be separated according to their species and gender.11. Information supplied to pound master of animals sent to pound
A person who removes a seized animal to a pound must advise the pound master in writing of:-12. Acceptance of animal to a pound
12. Pound register
[Please note: numbering as in original.]14. Notice to owner of impounded animal
15. Care of impounded animal
16. Death or injury of impounded animal
A pound master must, whenever an animal in his care dies or is injured, register the description of such animal, the nature and cause of death or injury thereof in the pound register, and give notice of death or injury of the animal to the owner thereof in the prescribed manner.17. Release of impounded animal
18. Sale of impounded animals
19. Marking of impounded animals
All impounded animals sold by public auction in terms of this Act, must be marked in the prescribed manner, before their removal from the pound.20. Pound master may not purchase impounded animals
A pound master may not purchase, whether directly or indirectly, an animal on sale in terms of section 18 of this Act.21. Fees payable to pound master
A pound master shall be entitled to:-22. Assessment of damages
23. Monitoring and support to municipalities
24. Delegation of powers
The MEC may delegate in writing to the Head of Department or to Municipal Managers, any power conferred upon the MEC by this Act, except a power relating to the formulation of regulations.25. Regulations
26. Offences and penalties
A person who, subject to the provisions of section 15:-27. Repeal of laws
Laws appearing in the schedule annexed hereto are repealed to the extent stated therein.[Please note: Schedule omitted in original.]28. Short title and commencement
This Act is called the North West Pounds Act, 2010 and shall come into operation on date of publication in the Provincial Gazette.History of this document
12 July 2011 this version
Cited documents 2
Legislation 2
1. | Constitution of the Republic of South Africa, 1996 | 584 citations |
2. | Mental Health Care Act, 2002 | 360 citations |