*East Cape Agri*
Municipality Ordered to take control of animals on commonages and in
residential areas.
Stray animals within rural towns and rural roads have increased
exponentially in recent years. This is often as a result of the unauthorised
stocking of animals on municipal commonages and the unauthorised keeping of
livestock within residential areas.
Agri Eastern Cape has finally obtained a supervisory court order compelling
the Ndlambe Local Municipality, within the Sarah Baartman District of the
Eastern Cape, to correct the situation. This was necessary as the Municipality had failed to correct the situation
during the 5 years of litigation which culminated in the supervisory court order being granted.
The matter was heard before the Honourable Acting Justice Govindjee on the
4th of November 2021. The Municipality, while confirming that steps had to
be taken to address the stray animal issue, stated that imposing definitive
timelines would not be feasible and proposed that they report back to court
on progress that they would attempt to make in resolving the issue.
Despite the points raised by the Municipality, the Honourable Acting Justice
Govindjee, on the 5th of November 2021, ordered the Municipality to
implement an application procedure, an animal control and traceability
procedure, as well as collect tariffs, in respect of approvals sought by
persons who keep or who are seeking to keep animals within the Ndlambe
Residential areas, public spaces and/or commonages. The procedures were
ordered to be implemented within 3 months of the 5th of November 2021.
In terms of the Order, any approvals granted would have to comply with the
relevant legislative provisions, including, but not limited to the Animal
Identification Act, the Animal Diseases Act, and the Conservation of
Agricultural Resources Act.
The Municipality was further ordered to report on the implementation of
management plans in respect of the commonages under its control and the
carrying capacities of the commonages accompanied by overgrazing prevention
plans.
With regards to enforcing compliance, the Municipality was ordered to,
within 5 months of the 5th November 2021, impound all animals in phases that
would at that stage not be compliant with the relevant legislative
provisions.
The Municipality was further ordered to, within 60 days of the 5th of
November 2021, implement a system whereby private individuals, who had
incurred costs as a result of animals that had to be impounded, could be
reimbursed.
The Municipality was further ordered to pay the costs of the legal
proceedings on a punitive scale.
Agri Eastern Cape trusts that with this Order obtained, the Municipality
will now make a concerted effort to resolve this matter and that other
Municipalities, where similar issues exist, will begin to rectify the
situation and not force residents within those areas to also resort to
litigation.
