MATIMELA *: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Matimela (Variation of Period of Sale) Order
MATIMELA (VARIATION OF PERIOD OF SALE) ORDER
(section 23)
(19th March, 2010)
S.I. 23, 2010.
This Order may be cited as the Matimela (Variation of Period of Sale) Order.
2. Variation of period of sale
The period within which any matimela may be sold under section 11 of the Act is varied to a period within six weeks from the date on which such matimela was placed in a matimela kraal, or within six weeks from the date on which it was deemed to have been abandoned.
(section 26)<PN:"Highlighter 1">
(17th May, 2019)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Identification of matimela officer
4. Driving or trucking fees
5. Delivery of matimela
6. Matimela facility book
7. Matimela report book
8. Notice and collection of matimela
9. Declaration by person delivering matimela
10. False declaration
11. Notification of presence of matimela
12. Matimela brand
13. Manner of claiming animals from matimela kraal
14. Fees to be paid by owner on claiming matimela
15. Abandonment of matimela
16. Sale of matimela
17. Management and care of matimela
18. Revocation of S.I. No. 22 of 2010
19. Savings
SCHEDULES
S.I. 55, 2019.
These Regulations may be cited as the Matimela Regulations.
In these Regulations, unless the context otherwise requires-
"matimela officer" means an officer appointed under section 5 of the Act; and
"small stock" means goat, sheep or pig.
3. Identification of matimela officer
(1) The Council shall issue an identity card to a person designated as a matimela officer.
(2) The matimela officer shall produce his or her identity card upon arrival at a facility and upon request by the land owner, occupier, employee or agent of the owner or occupier where the matimela officer exercises his or her duty in terms of section 9 of the Act.
(1) Where the Council considers it necessary, it may authorise in writing, a person in possession of matimela to deliver the animals to the nearest matimela facility in terms of section 8 of the Act.
(2) Notwithstanding subregulation (1), where the Council considers it necessary to outsource the collection of matimela, the provisions of the Local Authorities Procurement and Asset Disposal Act (Cap. 42:11) shall apply.
(3) A person delivering matimela to a matimela facility shall receive a driving or trucking fee of P100 per animal and P50 per small stock and mileage at a rate determined by the Council.
(1) A person who collects or delivers matimela in terms of regulation 4 shall deliver all matimela in his or her possession.
(2) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding one year, or to both.
(1) A matimela officer shall keep and maintain a copy of the matimela facility book in terms of sections 17 and 20 of the Act at his or her matimela facility in Form A as set out in Schedule 1.
(2) Subject to subregulation (1), the copy of the matimela facility book shall be open for inspection by the public during working hours.
(1) A matimela officer shall keep and maintain a matimela report book at his or her matimela facility.
(2) The matimela officer shall record details of each matimela at the facility, particulars of the reporter and those in possession of any matimela within the council area in Form B as set out in Schedule 1.
8. Notice and collection of matimela
(1) A council prior to implementing a collection campaign of matimela in consultation with the Kgosi in the area, shall notify the residents of the area where the matimela are, at least one week before the collection of matimela.
(2) The matimela officer, or any authorised person, while in the exercise of collecting matimela shall-
(a) ensure that a declaration in terms of regulation 10 is made;
(b) ensure that the credentials of the person making the declaration are valid in terms of section 9 of the Act; and
(c) take custody of matimela until the animals are delivered to a matimela facility.
9. Declaration by person delivering matimela
(1) Any person, other than a person employed under section 5 of the Act, who reports matimela to a matimela officer shall make and sign a declaration in Form C as set out in Schedule 1 stating-
(a) that the animals are in truth matimela;
(b) the specific area where the animals were found;
(c) that the animals handed over are all matimela in his or her possession; and
(d) how long the animals have been in his or her possession.
(2) Where the declarant is unable to fill out the declaration form himself or herself, the matimela officer shall complete the form on his or her behalf and the declarant shall then sign it or put a mark.
A person who-
(a) refuses or wilfully omits to give any written particulars or information;
(b) wilfully makes any false statement;
(c) negligently makes a false declaration; or
(d) wilfully does anything which could reasonably lead to a material distortion of information on matimela;
commits an offence and is liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding one year, or to both.
11. Notification of presence of matimela
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