Vryheid’s trees suffer destruction at the hands of unhappy residents

It is a sad sight when driving along Kommissie Street, where five trees recently had to be chopped down by the municipality. It is alleged that these trees were poisoned, which caused them to die. A few blocks further on, another tree is currently in the process of dying; presumably also poisoned. The trees in Vryheid are a part of the town’s history and provide a green canopy over most of the residential streets. Unfortunately, there are residents who don’t see the beauty and purpose of these very old and mostly indigenous trees. It is alleged that ‘someone’ is poisoning the trees because the roots tend to lift the paving and interfere with water pipes. It was indicated by a trustworthy source that residents can, in fact, dig a trench in front of their properties and cut the roots of these trees to prevent the roots from destroying any paving; this won’t cause any damage to the tree itself. Homeowners counter this argument by saying that it’s the municipality’s job. Unfortunately, it was also indicated that the municipality does not have enough workers to dig trenches and cut these roots. However, the municipality does trim the branches of these trees to keep them from touching electrical cables.

If a resident has the intention to get rid of these trees, they should read the following acts before attempting this illegal and punishable crime…

The TOPS list of the Biodiversity Act (Act 10 of 2004):

Restricted activities involving listed threatened or protected species

57. (1) A person may not carry out a restricted activity involving a specimen of a listed

(2) The Minister may, by notice in the Gazette, prohibit the carrying out of any

(a) which is of a nature that may negatively impact on the survival of a listed

(b) which is specified in the notice,

or prohibit the carrying out of such activity without a permit issued in terms of Chapter 7.

Nature Conservation Ordinance (15 of 1974):

Prohibition of gathering on public roads

202. (1) Save as is provided by subsection (2), no person who is not in possession of a permit issued in terms of section 200 or 201, shall gather any indigenous plant on any public road or in the road reserve of any public road without the prior permission of the Administrator.

Offences and penalties

208. Any person who contravenes or fails to comply with the provisions of this chapter or of any licence or permit issued in terms thereof or of the regulations in force thereunder shall be guilty of an offence and liable on conviction to a fine or imprisonment for a maximum period of ten (10) years or to both such fine and imprisonment.

212. Powers of arrest

Any officer, honorary officer or employee of the Board thereto authorised by the Administrator shall have power to arrest without a warrant any person suspected upon reasonable grounds of having contravened any provision of this Ordinance: Provided that no officer or employee so authorised as aforesaid shall arrest any person without a warrant unless he has reason to believe that the ends of justice will be defeated by the delay in obtaining a warrant.

Laying of poison

213.B (1) No person shall lay any poison on any land unless-:

(a) Such person is the holder of a permit issued to him by the Board which may impose such conditions as it may deem necessary or desirable in regard to the laying of such poison…

(2) Whenever any poison is or has been found on any land, the owner or occupier of such land shall, until the contrary is proved, be presumed to have laid such poison in contravention of subsection (1).

(3) Any person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence and on conviction be liable-:

(a) in the case of a first conviction, to a fine not exceeding five thousand rand or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment; and

(b) in the case of a second subsequent conviction, to a fine not exceeding seven thousand five hundred rand or imprisonment for a period not exceeding eighteen months or to both such fine and such imprisonment.

These trees are an attribute to Vryheid and hopefully residents will think twice before poisoning or destroying them in any way…

ALSO READ: Learn about the value of South Africa’s indigenous trees—and plant one!

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