| (1) |
Whenever an owner or manager of land finds on the land, or whenever an owner of animals finds among his animals, any animal which he knows has strayed thereto or has been unlawfully removed from a place outside the Republic, or which can reasonably be suspected of having so strayed or been removed, he shall— |
| (a) |
forthwith isolate such animal and report the finding of the animal in the prescribed manner to the director; and |
| (b) |
detain the animal, and any progeny or product thereof, in isolation, pending the decision of the director as to its disposal. |
| (2) |
The director may, after the presence of a foreign animal has been reported to him in terms of paragraph (a) of subsection (1)— |
| (i) |
any person who alleges and proves that he is the owner of the animal submits, within two days after such report to the director, a written request to the director for the restoration to him of the animal, and reimburses the State for any expenses incurred in connection with the animal within seven days after having been requested to do so; and |
| (ii) |
the director is of the opinion that no provision of subsection (1) of section 17 is applicable in respect of the animal, or any progeny or product thereof, and that the circumstances under which the animal has been found justifies such a restoration, |
direct that the animal and any such progeny or product thereof be restored to the owner, or
| (b) |
direct that the person who found the animal shall forthwith remove the animal, and any such progeny or product thereof, to a place indicated by the director for purposes of the performance of controlled veterinary acts in respect thereof by the director, or destroy it, or otherwise dispose of it, in accordance with the instructions of the director, or |
| (c) |
himself deal with the animal, and any such progeny or product thereof, in accordance with any applicable provision of section 17; or |
| (d) |
seize the animal, or any such progeny or product thereof, in accordance with the provisions of section 17 (1), and in his discretion destroy it, or dispose thereof for the benefit of the State. |
[Section 12(2)(d) substituted by section 7(a) of Act No. 18 of 1991]
| (3) |
The provisions of subsections (1), (2) and (4) shall mutatis mutandis also apply in respect of any animal, and any progeny or product thereof, found on land by the owner or manager of the land, or by any owner of animals thereon, if such person knows that it has strayed thereto, or has been unlawfully removed, from any other place in the Republic, or if it can reasonably be suspected of having so strayed or been removed, and knows that any circumstance referred to in subsection (1)(b) of section 17 is present in respect thereof, or it can reasonably be so suspected. |
[Section 12(3) substituted by section 7(b) of Act No. 18 of 1991]
| (4) |
No person shall, except pursuant to a provision of subsection (2) or under authority of the director— |
| (a) |
remove any animal, or any progeny or product thereof, referred to in subsection (1) or (3) from any place where it is being detained in isolation in terms of any provision of this section; or |
| (b) |
contravene, or fail to comply with, any provision of a direction of the director referred to in subsection (2)(b) which has been addressed to him. |
Public Service Commission Act, 1997
