Pounds Act, 1966
Act 24 of 1966
- Commenced on 28 October 1966
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Pounds Act, 1966.
2. InterpretationIn this Act, unless inconsistent with the context—"appropriate fee", whether or not used in conjunction with a word descriptive of the fee, means the appropriate fee specified in the Schedule;"entire" means male of stock capable of performing the procreative act;"large stock" means equines, bovines or their hybrids;"Minister" means the Minister for Local Administration;"owner of land" means the owner, lessee or lawful occupier of land, or his duly authorised agent;"owner of stock" means the owner or person having possession of stock, or the agent or caretaker for the owner;"pound" means a pound established, or deemed to be established, under this Act;"pound-book" means the pound-book specified in section 18;"poundmaster" means a person appointed as such under this Act or deemed to have been so appointed, or a person acting with the authority, or on behalf, of such person;"small stock" means goats and sheep;"stock" means large and small stock;"the Stock Diseases Regulations" mean the regulations issued under the Animal Diseases Act, No. 7 of 1965;"sufficient fence", as applied to—(a)wire fences, means a fence of not fewer than four wires and not less than three feet six inches in height;(b)other fences, means—(i)a fence, wall or hedge through which stock cannot pass without breaking the fence, wall or hedge; or(ii)a natural boundary through, or across, which stock does not ordinarily pass;"township" means a township established by law.
Part II – Pounds
4. Existing poundsA pound duly established at the commencement of this Act shall be deemed to be established under and subject to the provisions of this Act.
5. DisestablishmentThe Minister may disestablish a pound, and notice of such disestablishment shall be given in the Gazette.
Part III – Appointment and duties of poundmasters
6. Appointment of poundmasters
7. Existing poundmasters and security
8. Duty of poundmaster as to custody
9. Stock diseasesWhere a poundmaster has reasonable grounds for suspecting that an impounded animal is suffering from a disease specified in and for the purpose of the Stock Diseases Regulations, he shall isolate the animal, and forthwith report his suspicion to a Government veterinary officer and await his instructions as to its treatment or disposal.
11. Contagious or infectious disease
12. Liability for damage or injury
13. Using impounded animalsA poundmaster who works or otherwise uses, or permits the working or other use of, an impounded animal shall be guilty of an offence.
14. ReceiptsA poundmaster shall give a receipt in the prescribed form to a person tendering stock in accordance with section 8(1), specifying the number and description of animals so tendered, and the trespass or damage for which the animals are alleged to be impounded, and shall retain a copy thereof.
15. Registration of death and injuryIn the case of the death or injury of an impounded animal, the poundmaster shall enter in his pound-book a description of the animal, and the cause of its death or injury.
16. Notice to ownersWhere the owner of impounded stock is known to the poundmaster, he shall through the post or otherwise send a written notice, addressed to that owner at his place of residence, informing him of the impoundment.
17. Copy of Act to be kept by poundmasterA poundmaster shall retain a copy of this Act which shall, at all reasonable times, be readily available to the public for reference.
19. Inspection of pound-book (Schedule)
20. Refusal of inspectionA poundmaster who refuses to allow his pound-book, or copy of this Act, to be inspected by a person legally entitled to do so on payment of the appropriate fee, if any, shall be guilty of an offence.
21. OffencesA poundmaster who knowingly makes a false entry in his pound-book, or fraudulently destroys or erases an entry already made, or wilfully delivers, to a person, a false copy or extract from a pound-book, shall be guilty of an offence and liable, on conviction, to a fine not exceeding one hundred emalangeni or, in default of payment thereof to imprisonment for a period not exceeding three months.
22. Pound-book at sales
23. Sending of extracts
24. Absence of poundmaster
Part IV – Impoundment of stock
25. Power to impound stock found trespassing
26. Stock on outspansSave as may be provided in a law dealing with roads or outspans, stock belonging to a traveller which is on an outspan which is beaconed off, or a lawful outspan shall not be deemed to be trespassing.
27. Detention of stock
28. Compensation for injury occasioned by stock (Schedule)
29. Payment of fees
30. Working, etc. of detained stockA person who works, uses, harasses, ill-treats or overdrives stock found trespassing on his land or being sent to the pound, or permits any other person to do so, shall be guilty of an offence.
31. Release of stock liable to impoundment (Schedule)
32. Rescue of stock liable to impoundmentA person who rescues, or attempts to rescue, or who prevails upon, or assists, any other person to rescue stock lawfully impounded or on the way to a pound or seized and detained for the purpose of impoundment shall be guilty of an offence and liable, on conviction, to a fine not exceeding one hundred emalangeni or, in default of payment thereof, to imprisonment for a period not exceeding three months.
33. Division of stockA person who divides stock of the same species found trespassing for the purpose of driving them to a pound shall not be entitled to additional driving fees based on such division.
34. Trespass on a farm pound
Part V – Pound, herding and other fees
35. Fees (Schedule)
Part VI – Disposal of impounded stock
36. Release by poundmaster
37. Security after part paymentWhere the owner of impounded stock applies to the poundmaster for the release of the stock but is unable, then and there, to pay the amount necessary for the release, the poundmaster shall retain only such number of the stock as he considers sufficient to secure payment of that amount, and deliver, to the owner or his duly authorised agent, the remainder of the stock.
38. Sale of stock
39. Auctioneer’s licence not requiredNotwithstanding anything contained in the law relating to trading licences, a poundmaster shall not be required to take out a licence in respect of sales held under this Act.
40. Purchase by poundmasterA poundmaster shall not, directly or indirectly, purchase for himself or others at a sale held under this Act.
41. Disposal of unsold stock
43. Return of sales
44. RefundsThe amount paid into the revenues of Swaziland under section 43, shall be refunded to the former owner of the stock sold upon the owner applying to the District Officer, within twelve months after the sale, and furnishing satisfactory proof of ownership of the stock before sale.
Part VII – General
45. Reports of discovery of stray stock
46. Impoundment of stock straying on public placesA police officer or a person authorised by the local authority concerned may impound stock found straying on a street or open place in an urban area, or on an outspan.
47. Damages to owners of breeding stock (Schedule)
49. PenaltiesA person who is guilty of an offence under this Act, for which offence no penalty is specifically provided, shall be liable, on conviction, to a fine not exceeding thirty-five emalangeni or, in default of payment thereof, to imprisonment for a period not exceeding one month.
50. Duties of poundmaster under other lawThis Act shall not relieve the poundmaster of any duties imposed on him by the Stock Diseases Regulations or any other law.
51. Amendment of ScheduleThis Act may amend the Schedule by notice published in the Gazette.
52. Cesser of application
History of this document
28 October 1966
Cited documents 1
Documents citing this one 15
- Swaziland Government Gazette dated 1978-10-27 number 913
- Swaziland Government Gazette dated 1981-05-01 number 96
- Swaziland Government Gazette dated 1981-07-24 number 111
- Swaziland Government Gazette dated 1982-08-06 number 175
- Swaziland Government Gazette dated 1982-11-19 number 191
- Swaziland Government Gazette dated 1984-04-06 number 285
- Swaziland Government Gazette dated 1986-03-28 number 431
- Swaziland Government Gazette dated 1986-08-08 number 461
- Swaziland Government Gazette dated 1994-08-19 number 41
- Swaziland Government Gazette dated 1994-10-07 number 50
- Swaziland Government Gazette dated 2006-12-22 number 153
- Swaziland Government Gazette dated 2012-05-18 number 59
- Swaziland Government Gazette dated 2014-06-16 number 67
- Swaziland Government Gazette supplement dated 1995-08-04 number 104
- Swaziland Government Gazette supplement dated 2004-05-21 number 52