Stock Trespass Act [Chapter 19:14]

Chapter 19:14

Stock Trespass Act

Act 6/1991, 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY

1. Short title.

PART II

ESTABLISHMENT, CONTROL AND ADMINISTRATION OF POUNDS AND APPOINTMENT OFPOUNDMASTERS AND OTHER STAFF

3. Establishment and abolition of pounds.
4. Vesting of control and administration of pounds.
5. Appointment of poundmasters and other staff.

PART III

MANAGEMENT OF POUNDS

6. Construction and maintenance of pounds.
7. Poundmaster responsible for managing pound.
8. Notice board at pound.
9. Pound book.
10. Inspection of pound book.
11. Copies of pound book entries to be sent to pound authority.
12. Receipt book.
13. Copy of Act, regulations and by-laws to be kept at pound.
14. Inspectors of pounds.

PART IV

IMPOUNDING OFSTOCK

15. Certain provisions of Part IV not to apply in special pound areas.
16. Right to impound trespassing or straying stock.
17. Duties of person in charge of land regarding trespassing stock.
18. Stock trespassing on poundmaster’s land.
19. Cleansing of cattle before impounding.
20. Restrictions on removal of stock to pound.
21. Disposal of diseased stock or stock trespassing in quarantine area.
22. Particulars of trespass and stock to be sent to poundmaster.
23. Trespassingstock not to be retained, worked or ill-treated.
24. Prohibition against rescue of stock.
25. Tender of damages by owner of stock before impoundment.
26. Driving distance and transport fees.
27. Trespass money.
28. Assessment of damages and other matters.

PART V

DUTIESOFPOUNDMASTERS IN RELATION TO IMPOUNDED STOCK

29. Certain provisions of Part V not to apply to special pounds.
30. Receipt of stock into pound.
31. Notification to owner that stock is impounded.
32. Diseased and tick-infested stock.
33. Vicious stock.
34. Stock to be cared for and not worked. 35 Records of deaths and injuries.

PART V1

POUNDMASTERS’ FEES

36. Part VI not to apply to special pounds.
37. Prescription of fees.
38. Receipts to be issued on payment of fees.
39. Stock may be kept in pound until fees are paid.
40. Persons entitled to benefit from fees.

PART VII

RELEASE, SALE OR DISPOSAL OF IMPOUNDEDSTOCK

41. Part VII not to apply to special pounds.
42. Release of stock upon payment of fees and charges.
43. Sale or disposal of impounded stock.
44. Times and venues of sales and notification thereof.
45. Conduct of sales.
46. Branding of large stock after sale.
47. Proceeds of sales.
48. Payment of balance of proceeds of sale to owner of stock.
49. Reimbursement of poundmaster by pound authority.
50. Recovery of trespass fees, etc., from owner of stock. PART VIII

SPECIAL POUNDS

51. Declaration of special pound areas.
52. Right to impound trespassing stock in special pound area.
53. Restrictions on removal of stock to special pound.
54. Receipt of stock into special pound.
55. Driving distance, transport and trespass fees.
56. Notification that stock is impounded.
57. Release of stock from special pound.
58. Name and address of owner of impounded stock to be supplied.
59. Sale of stock impounded in special pound.
60. Application of proceeds of sale of stock.
61. Minister may prescribe fees in respect of special pounds.
62. Minister may vary application of Act to special pounds.

PART IX

GENERAL

63. Disputes re fees, charges etc.
64. Regulations and by-laws.
65. Molestation of stock.
66. Driving of diseased stock on to another’s land.
67. Presumptions re scab in sheep and goats.
68. Preservation of remedies for trespass under other laws.

AN ACT to provide for the protection of land and property against trespass by stock; to provide for the impoundment of trespassing stock and the disposal of stock that has been impounded; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 14th June, 1991.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Stock Trespass Act [Chapter 19:14].

                       2    Interpretation

• In this Act—

“area”, in relation to—

• a municipal council, town council, rural district council or local board, means the area for which such council or board has been established, together with any other area under the administration, control or management of such council or board;
• a person in whom the administration, control or management of a local government area has been vested in terms of subsection (3) of section 7 of the Urban Councils Act [Chapter 29:15], means the local government area concerned;
• a person or authority declared to be a local authority in terms of paragraph (a) of subsection (2), means the area specified in terms of that subsection as the area of jurisdiction of that person or authority;

“assessor” means a poundmaster or other person acting as an assessor in terms of section twenty-eight;

“cattle” means bulls, cows, oxen, heifers, steers or calves;

“entire”, in relation to male stock, means not castrated;

“large stock” means cattle, horses, donkeys, mules and any animals or birds declared in terms of paragraph (b) of subsection (2) to be large stock;

“local authority” means—

• a municipal council, town council, rural district council or local board; or
• a council vested with the administration, control or management of a local government area in terms of subsection (3) of section 7 of the Urban Councils Act [Chapter 29:15]; or
• a person or authority declared to be a local authority in terms of paragraph (a) of subsection (2);

“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“nearest pound”, in relation to any land, means the pound that is nearest to that land by a practicable road or route:

Provided that, in relation to any special pound area or any area that is a prescribed area in terms of the Animal Health Act [Chapter 19:01] from which the removal of any stock is prohibited, restricted or controlled, a pound situated—

• within such an area shall not be the nearest pound in relation to any land situated outside that area;
• outside such an area shall not be the nearest pound in relation to any land situated within that area;

“owner”, in relation to any stock, includes any person employed by the owner of the stock as manager, caretaker or agent in respect of the land on which the stock is normally kept;

“person in charge”, in relation to any land, means the owner, lessee or occupier of the land or any manager, caretaker or agent employed by such owner, lessee or occupier;

“pound” means a pound established in terms of this Act;

“pound authority”, in relation to any pound, means the person or authority in whom the control and administration of the pound is vested in terms of section four;

“pound book” means a pound book kept in terms of section nine;

“poundmaster” means a person appointed as poundmaster in terms of section five;

“small stock” means goats, sheep and pigs and any animals or birds declared in terms paragraph (b) of subsection

• to be small stock;

“special pound” means a pound established in a special pound area;

“special pound area” means an area declared to be a special pound area in terms of section fifty-one;

“special pound authority” means the person or authority in whom the control and administration of a special pound is vested in terms of section four;

“stock” means cattle, horses, donkeys, mules, goats, sheep, pigs and any other animals or birds declared to be stock in terms of paragraph (b) of subsection (2);

“sufficient fence” means—

• a wire fence in good repair with not less than four strands of barbed wire or five strands of plain wire properly strained on substantial supports;
• a wall, fence, gate or barrier at least one comma five metres high; through which no stock can pass without breaking the fence, wall, gate or barrier, as the case may be. “trespass money” means money payable in terms of section twenty-seven;

“urban area” means—

• a municipal or town area or a local government area; or
• any land that is urban land for the purposes of the Rural District Councils Act [Chapter 29:13].

(2) The Minister may, by statutory instrument—

• declare any person or authority to be a local authority for the purposes of all or any of the provisions of this Act, and in the statutory instrument shall specify the area for which the person or authority shall be the local authority;
• declare any domestic or domesticated animals or birds to be stock for the purposes of all or any of the provisions of this Act, either in relation to the whole of Zimbabwe or to any part thereof, and in the statutory instrument shall specify whether the animals or birds are to be large stock or small stock. PART II

ESTABLISHMENT, CONTROL AND ADMINISTRATION OF POUNDS AND APPOINTMENT OF POUND MASTERS AND OTHER STAFF

                       3    Establishment and abolition of pounds

• A local authority may, by notice in the Gazette, establish one or more pounds within its area and may in like manner abolish any such pound.
• If required to do so by the Minister, acting after consultation with the Minister responsible for local government, a local authority shall establish a pound in any part of its area specified by the Minister.
• The Minister may, by notice in the Gazette, establish one or more pounds within any area that is a prescribed area in terms of the Animal Health Act [Chapter 19:01] from which the removal of stock is prohibited, restricted or controlled, and may in like manner abolish any such pound.

                       4    Vesting of control and administration of pounds

• Subject to subsections (2) and (4), a local authority which has established a pound in terms of section three shall have, the control and administration of that pound.
• Subject to subsection (4), if the place where a pound is situated ceases to fall within the area of the local authority that established it, whether because of the dissolution of the local authority or the alteration of its area or otherwise, the control and administration of the pound shall vest in the local authority within whose area the pound is situated.
• Subject to subsection (4), the Minister shall have the control and administration of any pound established by him in terms of section three.
• The Minister may, by notice in the Gazette, vest the control and administration of any pound in such person or authority as may be specified in the notice.

                       5    Appointment of poundmasters and other staff

• A local authority shall appoint, on such terms and conditions as it may fix after consultation with the Minister responsible for local government, a poundmaster for every pound for which it is the pound authority.
• Subject to the law relating to the Public Service, the Minister shall appoint a poundmaster for every pound for which he is the pound authority.
• A poundmaster who is not a full-time employee of the pound authority may, with the approval of the pound authority and subject to any other law, appoint members of staff to assist him in the management of his pound.
• Where a poundmaster is a full-time employee of the pound authority, the pound authority may, subject to any other law, appoint persons to assist the poundmaster in the management of the pound.
• For the purposes of this section, a member of the Public Service who is the poundmaster of a pound for which the Minister is the pound authority shall be deemed to be a full-time employee of the Minister. PART III

MANAGEMENTOF POUNDS

                       6    Construction and maintenance of pounds

• Every pound shall be constructed in such manner and to such specifications as may be prescribed by the

Minister.

• Every pound authority shall ensure that every pound controlled and administered by it is kept in good repair.

                       7    Poundmaster responsible for managing pound

Subject to this Act and to any directions given to him by the pound authority, a poundmaster shall be responsible for ensuring the proper management and control of his pound and of all stock impounded therein.

                       8    Notice board at pound

A poundmaster shall erect and maintain at his pound a notice board upon which he shall post—

• the rates of fees, charges and damages payable in terms of this Act in relation to his pound and any stock impounded therein; and
• notices of sales of stock impounded in his pound; and

any other matters that may be prescribed by the Mi