Concourt to hear livestock application

2013-11-12 17:48
(Picture: Sapa)

(Picture: Sapa)

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Johannesburg - The Constitutional Court will hear an application on Wednesday to confirm an order relating to impounding stray livestock.

It follows the Eastern Cape High Court's declaration as unconstitutional provisions of the Pounds Ordinance.

The ordinance regulates impounding stray livestock in the Eastern Cape.

The provisions were found to be unconstitutional because they put in place a scheme that allowed impoundment and sale of livestock without judicial supervision.

This was found to contravene the right of access to courts, and unfairly discriminate against landless livestock owners.

Goats belonging to the applicant, a Mr Mdodana, were impounded under the ordinance.

Mdodana would argue in the Constitutional Court that the high court's declaration of constitutional invalidity should be confirmed.

The application for confirmation of the high court order was unopposed.

The Constitutional Court has approached the Grahamstown Bar to help it by making submissions on the issues as a friend of the court.

The Bar would argue that the impounding scheme, viewed in proper context, was justified because stray animals were a danger to motorists on public roads and a threat to commercial farmers.

It would also argue that any judicial supervision over the sale of impounded livestock would need an expedited process to minimise the costs of maintaining impounded animals.

Read more on:    constitutional court  |  johannesburg  |  animals

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