Database Provincial Gazettes
Gazette No 1405
Notice No 188
Gazette Eastern Cape
Date 20051209
LOCAL AUTHORITY NOTICE 188
By-law
Commonage
JULY 2005
SENQU MUNICIPALITY
MUNICIPAL NOTICE
The Municipal Manager hereby publishes, in terms of Section 13 of the Local Government
Municipal Systems Act, 2000 [Act 32 of 2000] read with Section 162 of the Constitution of the
Republic of South Africa Act 1996 [Act 108 of 1996] the by-laws relating to Commonages which
by-laws shall come into operation on the date of publication thereof.
COMMONAGE BY-LAW
Preamble
The purpose of these by-laws is to promote the achievement of a safe and sound environment for
the benefit of all residents and to provide for the conservation of the commonage through the
prohibition of damage or destruction to vegetation, bird and animal life, the removal of any
material and the unlawful occupation of the commonage.
1 Definitions
In the interpretation of these by-laws, words in the masculine gender include the feminine, the
singular includes the plural and vice versa and the following words and expressions shall have
the meanings respectively assigned to them hereunder, unless such meanings are repugnant to
or inconsistent with the context in which they occur:"commonage" means any land or portion of land which is in possession or under control of the
municipality and which has been set aside, allocated or reserved by the Council or any competent
authority for use as commonage land by the local community of the municipality.
"Council" means the Council of the Municipality.
"municipality" means the Municipality of Senqu established in terms of Section 12 of the
Municipal Structures Act, 117 of 1998 as amended and includes the Council, any political
structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof
acting in connection with these by-laws by virtue of a power vested in the municipality and
delegated or sub-delegated to such political structure, political office bearer, councillor, agent or
employee;
"Municipal Manager" means a person appointed by the Council in terms of Section 82 of the
Local Government: Municipal Structures Act 1998 as amended as Municipal Manager and
includes any person acting in this post.
2
Prohibited Actions
[2.1] No person shall erect any hut, shelter, kraal, habitation or structure of any kind nor occupy,
camp or squat on any portion of the commonage without the prior written consent of the
municipality given under the hand of its Municipal Manager or any official duly authorized by him.
[2.2] No person shall without prior permission of the municipality, accumulate, dump or deposit or
cause to be accumulated, dumped or deposited on any portion of the commonage any derelict
motor cars, other vehicles or machinery or any parts thereof.
[2.3] No person shall on the commonage dig or remove soil, clay, sand,
gravel or boulders without being in possession of a valid and current permit issued by the
municipality.
[2.4] The municipality may issue permits upon payment in advance of the charges fixed by it for
the removal of soil, clay, sand, gravel or boulders from sites it may demarcate on the commonage
specifically for this purpose.
[2.5] Any permit issued by the municipality in terms of subsection [b] shall contain conditions
pertaining to the manner in which soil, clay, sand, gravel or boulders may be dug or removed
from the commonage as well as the reinstatement of the land in a manner which complies with
applicable law.
[2.6] No person shall cut, damage, burn, destroy, gather or remove any plants, shrubs, trees,
timber, firewood, brushwood, manure or any grass on the commonage without the prior written
permission of the municipality given under the hand of its Municipal Manager or any official duly
authorized by him.
[2.7] No person shall interfere with or cause damage to any fence, gate, drinking trough, water
tap or other appliance or thing, or set fire to the pasture or any bush, tree or shrub on the
commonage.
[2.8] No person shall make use of any road over the commonage other than such road or roads
as may be determined or earmarked by the municipality from time to time.
[2.9] No person shall deposit or in any way leave any poison for whatever purpose on the
commonage without the prior written permission of the municipality given under the hand of its
Municipal Manager or an official authorized by him.
[2.10] The municipality may cause traps to be set for vermin on the commonage and any person
interfering with or damaging such traps in any way or letting loose or removing or causing to be
loosened or removed any vermin therefrom or in any way disposing of any bodies therefrom
without the prior written approval of the municipality given under the hand of its Municipal
Manager or an official authorized by him, shall be guilty of an offence.
[2.11] No person shall kill, catch, capture or hunt or attempt to kill, catch, capture or hunt any
game or birds of whatsoever description on the commonage.
[2.12] No person shall set traps of whatsoever description on the commonage without the prior
written consent of the municipality given under the hand of its Municipal Manager or an official
authorized by him; in the event, that a trap is being set for vermin as indicated in [9].
[2.13] No person shall destroy the nest of any birds or water-fowl on the commonage or remove
the eggs or young therefrom.
3
Establishment of Rifle Range or Rifle Ranges
[3.1] The municipality may set apart any portion of the commonage for the purpose of a rifle
range or rifle ranges and no person shall practice target shooting with any rifle on any other
portion of the commonage except on such range or ranges and subject to such conditions as the
municipality may approve and which conditions shall be clearly stated in the official languages
recognized by the Council in a notice erected at a rifle range or ranges established in terms of
this section.
4
Use of Commonage for grazing purposes
[4.1] The municipality may, subject to any title deed restriction pertaining to a commonage, permit
the grazing of livestock and cultivate in areas of the commonage which it shall demarcate
specifically for this purpose and subject to such conditions and upon the payment of such fees as
the Council may, from time to time determine.
5
Round up of Stock
[5.1] The Council may at owner's risk, collect from time to time all animals found depasturing on
the commonage with a view to ascertaining whether such animals are registered with the Council.
All stray animals or animals not registered with the Council or animals not claimed, may be
impounded by any authorised officer of the Council and in addition thereto the owner shall be
guilty of an offence.
6
Municipal Dipping Tank
[6.1] All stock brought to the commonage from elsewhere for the first time shall be registered with
the Council and shall be dipped at the municipal dipping tank. All stock grazing on the
commonage may be dipped if so desired by the owner, and shall be dipped from time to time as
and when directed by the Council. Stock shall be dipped at owner's risk and the Council shall not
be liable for any injury to or loss of any such stock. Dipping charges in all cases shall be
determined by Council from time to time and shall include the use of the municipal pens.
7
Municipal Pens
[7.1] Any person making use of the municipal pens for purposes other than the dipping of stock,
shall obtain a permit at the municipal offices at a prescribed fee as determined by Council from
time to time.
8
Inhabitants
[8.1] Every inhabitant shall, on obtaining a permit from the Council, be entitled to depasture on
the commonage a specified number of stock as determined from Council from time to time. Fees
payable in respect of such stock shall be fixed by the Council.
9
Camps
[9.1 ] The Council may from time to time [i] indicate the camp or camps which shall be available for the depasturage of stock of
inhabitants;
[ii] determine the number and kind of stock which may be depastured in each camp;
[iii] after notice thereof has been given, close certain camps and prohibit the depasturage of stock
therein for such periods as the Council may deem fit.
10
Cow Camps
[10.1] The Council may enclose any portion of the commonage for the depasturage of milk cows
only, on such terms and conditions as it may deem fit and on payment of a fee determined by
Council from time to time.
11
Bulls, Stallions etc.
[ 11.1 ] No person shall allow or permit any bull, stallion, jackass or ram over the age of six
months to depasture or be at large on the commonage. Any bull, stallion, jackass or ram found on
the commonage in contravention of this regulation may be impounded by any authorised officer of
the Council, and the owner thereof shall be guilty of an offence.
12
Bricks, etc.
[12.1] No person shall make bricks or quarry stone on or remove from any land under the control
of the Council any stone, gravel, sand or clay without a permit from the Council and then only at
or from such places as the Council shall determine, subject to such notice, failing which, the
Council may remove such bricks and appurtenances and shall not be liable for any compensation
or damages in consequence of such action.
[12.2] Fees for the aforementioned permit in [12.1] will be determined by Council from time to
time.
13
Squatting and Camping
[13.1] No person shall erect any hut, shelter, kraal or structure of any kind, or camp or squat on or
occupy any land under the control of the Council or any street, road, thoroughfare or public place.
In the event of any such structure being erected in contravention of this regulation, the Council,
through its duly appointed officials, shall have the right to break down and destroy such erection,
and the owner thereof, shall, in addition to the penalty imposed for a breach of the regulations, be
liable for the expense incurred in connection with the breaking down and removal thereof.
14
Protection of Water Supply
[14.1] No person or picnic party shall be allowed within the water area, or borehole, pumping
plant or reservoir enclosure without the permission of the Council.
15
Gates
[15.1] Any person who shall pass through any gate in any fence on the commonage shall
securely close such gate after he has passed through, and no person shall enter or leave the
commonage where it is fenced, except by the gates provided in such fence, no shall any person
drive any stock through any fence on the commonage.
16
Offences and Penalties
[16.1] Any person who contravenes or fails to comply with the provisions of these bylaws shall be
guilty of an offence and shall, upon conviction, be liable to [i] a fine or imprisonment for a period not exceeding six months or to such imprisonment without
the option of a fine or to both such fine and such imprisonment; and[ii] in the case of a continuing offence, to an additional fine or an additional period of
imprisonment of 10 days or to such additional imprisonment without the option of a fine or to both
such additional fine and imprisonment for each day on which such offence is continued; and[iii] a further amount equal to any costs and expenses found by the court to have been incurred
by the municipality as result of such contravention or failure.
17
Repeal of By-Laws
[17.1] Any by-law adopted by the Municipality or the Council of a Municipality now comprising an
administrative unit of the Municipality and relating to a commonage is, from the date of
promulgation of this by-law, hereby repealed.