Stock Trespass Act
- Commenced on 14 June 1991
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Stock Trespass Act [Chapter 19:14].
Part II – Establishment, control and administration of pounds and appointment of pound masters and other staff
3. Establishment and abolition of pounds
4. Vesting of control and administration of pounds
5. Appointment of poundmasters and other staff
Part III – Management of pounds
6. Construction and maintenance of pounds
7. Poundmaster responsible for managing poundSubject to this Act and to any directions given to him by the pound authority, a poundmaster shall be responsible for ensuring the proper management and control of his pound and of all stock impounded therein.
8. Notice board at poundA poundmaster shall erect and maintain at his pound a notice board upon which he shall post—
9. Pound book
10. Inspection of pound book
11. Copies of pound book entries to be sent to pound authority
12. Receipt book
13. Copy of Act, regulations and by-laws to be kept at poundA poundmaster shall keep at his pound a copy of this Act and every regulation and by-law made under this Act which is applicable to his pound, and any person may inspect such copies free of charge at all reasonable times.
14. Inspectors of pounds
Part IV – Impounding of stock
15. Certain provisions of of Part IV not to apply in special pound areasThe provisions of this Part, other than subsection (2) of section sixteen, sections eighteen, twenty-three, twenty-four and twenty-five and subsection (2) of section twenty-seven, shall not apply to special pounds or within special pound areas, except to the extent that the Minister may declare those provisions to apply in terms of section sixty-two.
16. Right to impound trespassing or straying stock
17. Duties of person in stock in charge of land regarding trespassing stock
18. Stock trespassing on poundmaster’s landWhere the person in charge of any land on which stock has been found trespassing is himself a poundmaster and the nearest pound, apart from his own pound, is within twenty kilometres from the land, he shall send the stock to that nearest pound in terms of section sixteen or seventeen and not to his own pound, and shall enter in his pound book the number and description of the stock so sent.
19. Cleansing of cattle before impounding
20. Restrictions on removal of stock to pound
21. Disposal of diseased stock or stock trespassing in quarantine area
22. Particulars of trespass and stock to be sent to poundmaster
23. Trespassing stock not to be retained, worked or ill-treated
24. Prohibition against rescue of stock
25. Tender of damages by owner of stock before impoundment
26. Driving distance and transport feesA person who sends stock to a pound in terms of section sixteen or seventeen shall be entitled to be paid by the poundmaster driving distance or transport fees at the appropriate rate prescribed by the pound authority.
27. Trespass money
28. Assessment of damages and other matters
Part V – Duties of poundmasters in relation to impounded stock
29. Certain provisions of Part V not to apply to special poundsSection thirty and subsection (1) of section thirty-two shall not apply to special pounds, except to the extent that the Minister may declare those provisions to apply in terms of section sixty-two.
30. Receipt of stock into pound
31. Notification to owner that stock is impounded
32. Diseased and tick-infested stock
33. Vicious stockIf any stock received into a pound is dangerously vicious, the poundmaster shall. notify the pound authority and shall deal with or dispose of the stock in such manner as the Minister may prescribe.
34. Stock to be cared for and not worked
35. Record of deaths and injuries
Part VI – Poundmasters' fees
36. Part VI not to apply to special poundsThe provisions of this Part shall not apply in relation to special pounds, except to the extent that the Minister may declare those provisions to apply in terms of section sixty-two.
37. Prescription of feesSubject to this Act, a poundmaster shall be entitled to be paid such fees as may be prescribed by the pound authority for his pound in respect of—
38. Receipts to be issued on payment of feesImmediately upon the payment to him of any fee in terms of section thirty-seven, a poundmaster shall issue a receipt to the person who paid the fee.
39. Stock may be kept in pound until fees are paidThe fees payable to a poundmaster in terms of section thirty-seven in respect of any stock shall be a charge upon the stock, and the poundmaster may retain the stock in his pound as security for the payment of the fees.
40. Persons entitled to benefit from fees
Part VII – Release, sale or disposal of impounded stock
41. Part VII not to apply to special poundsThe provisions of this Part shall not apply in relation to special pounds, except to the extent that the Minister may declare those provisions to apply in terms of section sixty-two.
42. Release of stock upon payment of fees and charges
43. Sale or disposal of impounded stockSubject to this Part, where any impounded stock has not been released in terms of section forty-two within eight weeks after it was impounded, the poundmaster shall sell such stock at a sale held in terms of this Part.
44. Times and venues sales and notification thereof
45. Conduct of sales
46. Branding of large stock after saleWhere any large stock has been sold at a sale of stock in terms of this Part, before it is delivered to the purchaser the poundmaster shall cause it to be branded with a brand registered in terms of the Brands Act [Chapter 19:03] in the name of the pound authority for his pound.
47. Proceeds of salesWithin seven days after the end of any month in which a sale takes place in terms of this Part, the poundmaster shall send to the pound authority for his pound a return showing—
48. Payment of balance of balance of proceeds of sale to owner of stock
49. Reimbursement of by poundmaster by pound authority
50. Recovery of trespass fees, etc., from owner of stockIf the proceeds realised from the sale or disposal of any trespassing stock in terms of this Part are insufficient to satisfy all moneys, fees and damages to which the person in charge of the land trespassed upon is entitled, that person may recover the balance from the owner of the stock concerned. by action in a competent court.
Part VIII – Special pounds
51. Declaration of special pound areasThe Minister, after consultation with the Minister responsible for the administration of the Rural District Councils Act [Chapter 29:13], may declare, by statutory instrument, that any area consisting wholly or mainly of any one or more of the following categories of land—
52. Right to impound trespassing stock in special pound areaWhere a person in charge of any land in a special pound area finds any stock trespassing on his land, he may, subject to section fifty-three, send the stock to the nearest pound in the special pound area.
53. Restrictions on removal of stock to special pound
54. Receipt of stock into special pound
55. Driving distance, transport and trespass feesA person in charge of land who has sent stock to a special pound in terms of this Act shall be entitled to be paid by the special pound authority—
56. Notification that stock is impoundedWithout derogation from subsection (2) of section thirty-one, as soon as possible after stock whose owner is unknown has been received into a special pound, the special pound authority shall—
57. Release of stock from special pound
58. Name and address of owner of impounded stock to be supplied
59. Sale of stock impounded in special pound
60. Application of proceeds of sale of stock
61. Minister may prescribe fees in respect of special pounds
62. Minister may vary application of Act to special poundsNotwithstanding any other provision of this Act, the Minister may declare, by statutory instrument, that—
Part IX – General
63. Disputes re fees, charges etc.
64. Regulations and by-laws
65. Molestation of stockAny person who knowingly and without lawful excuse molests, drives or scatters stock in the lawful charge of another person shall be guilty of an offence and liable to a fine not exceeding level three or to imprisonment for a period not exceeding one month or to both such fine and such imprisonment.[section as amended by section 4 of Act No. 22 of 2001]
66. Driving of diseased on to another’s land
67. Presumptions re scab in sheep and goats
68. Preservation of remedies for trespass under other lawsNothing in this Act shall prevent a person who has suffered injury or loss as a result of trespass by any stock from obtaining damages or some other remedy under any other law:Provided that—
History of this document
14 June 1991