| (1) |
No persons shall drive, convey or transport any stock or produce of which he is not the owner on or along any public road unless he has in his possession a certificate (hereinafter called a removal certificate) issued to him by the owner of such stock or produce or the duly authorized agent of such owner, in which is stated— |
| (a) |
the name and address of the person who issued the certificate; |
| (b) |
the name and address of the owner of such stock or produce; |
| (c) |
such particulars in regard to such stock or produce as may be required to be stated therein in terms of any regulation made under section sixteen; |
| (d) |
the place from which and the place to which such stock or produce is being driven, conveyed or transported; |
| (e) |
the name of the driver, conveyer or transporter; |
| (f) |
the date of issue thereof; and |
| (g) |
if applicable, the registration number, model and make of the vehicle with which the stock or produce is being conveyed or transported: |
Provided that the provisions of this sub-section shall not apply in respect of any stock or produce which is being driven, conveyed or transported, with the consent of the owner thereof or his duly authorized agent, on or along such portion of any public road as traverses land which belongs to or is occupied by such owner or agent.
[Section 8 (1)(g) substituted by Stock Theft Amendment Act, 1990 (Act No. 28 of 1990) by section 3(a) of Notice No. 754, GG 12391, dated 4 April 1990]
| (2) |
No person shall cause or permit any stock or produce of which he is the owner to be driven, conveyed or transported by any other person on or along any public road without furnishing him with a removal certificate which he is required to have in terms of sub-section (1). |
[Section 8(2) substituted by Criminal Law Amendment Act, 1983 (Act No. 59 of 1983] by section 5(a) of Notice No. 1020, GG 8702, dated 11 May 1983]
| (3) |
Any justice of the peace, policeman, or owner, lessee or occupier of land may demand from any person who is required in terms of sub-section (1) to have in his possession a removal certificate, an inspection of such certificate, and upon such demand the person having possession of such certificate shall produce it for inspection to the person making the demand. |
| (4) |
No person who is or was employed by an owner or occupier of any land shall remove any stock or produce owned by him or under his control from any land owned or occupied by such owner or occupier unless he is in possession of a document furnished by such owner or occupier, the agent of such owner or occupier, or a policeman on a date not more than seven days before the removal, which date shall be stated in the document, giving a description of such stock or produce and certifying that he was to the best knowledge and belief of the person furnishing the document entitled to remove such stock or produce on the said date. |
| (5) |
Any owner or occupier of land, or Any owner or occupier of land, or any agent of such owner or occupier, shall, when requested to do so by any person who is or was in the employ of such owner or occupier and who is in possession on land owned or occupied by such owner or occupier of any stock or produce which he desires to remove therefrom, forthwith furnish him with any document which he may require in terms of sub-section ( 4). |
| (6) |
Any person who has obtained .such a document as is referred to in sub-section (4) shall retain it in his possession for a period of at least one year. |
[Section 8 (6) substituted by Stock Theft Amendment Act, 1990 (Act No. 28 of 1990) by section 3(b) of Notice No. 754, GG 12391, dated 4 April 1990]
| (7) |
Any justice of the peace, policeman, or owner, lessee or occupier of land may within the period referred to in subsection (6), demand an inspection of such document, and upon such demand the person having possession of such certificate shall produce it for inspection to the person making the demand; and |
[Section 8 (7) substituted by Stock Theft Amendment Act, 1990 (Act No. 28 of 1990) by section 3(b) of Notice No. 754, GG 12391, dated 4 April 1990]
| (a) |
contravenes or fails to comply with any provision of this section; |
| (b) |
fails to comply with any demand made under subsection (3) or (7); |
| (c) |
wilfully makes any false statement in a removal certificate or a document furnished in terms of sub-section (5); or |
| (d) |
falsely declares that he is the owner of stock or produce which is being driven, conveyed or transported by him on or along any public road, |
shall be guilty of an offence.
| (9) |
For the purposes of subsections (1), (2) and (8)(d) 'owner' shall include any person who obtained stock or produce by virtue of an agreement of sale in terms of which any such person does not become the owner of such stock or produce merely by virtue of the delivery to him of such stock or produce. |
[Section 8(9) inserted by Criminal Law Amendment Act, 1983 (Act No. 59 of 1983] by section 5(b) of Notice No. 1020, GG 8702, dated 11 May 1983]
National Environmental Management Act, 1998 (107 of 1998)
