THE Department of Community Services has been mandated by the uMhlathuze Municipality to procure a service provider to impound stray cattle.
This is according to Municipal Manager, Dr Nhlanhla Sibeko, who admitted that stray cattle posed a serious risk to motorists and needed urgent intervention.
Doctor Sibeko was responding to a letter by the Chairman of the Empangeni branch of the Zululand Chamber of Commerce and Industry (ZCCI), Dave Whittaker, requesting the city to provide the contact details and physical address of the municipal pound within its jurisdiction.
According to the KZN Pound Act, every municipality shall within 12 months of passing of the Act, establish and operate a pound.
The Act was passed in 2006, but the closest pounds to the city are Ulundi and Jozini.
Whittaker, who himself has been involved in a collision with stray cattle, said the city has been acutely aware of the presence of roaming cattle on a regular basis on its busy urban roads and the John Ross Parkway.
‘Complaints, deaths, injuries and substantial damages that have arisen as a result of roaming bovine, could not reasonably have escaped the attention of the municipality.
‘City officials have attended to the accident scenes,’ said Whittaker.
Local attorney Yolanda Gielink said the municipality should act urgently to avoid future liability for damages arising from failure to act.
‘Our courts recognise the delictual liability of a municipality, where it fails to act despite the legal conviction of its community demanding action.
‘The Supreme Court of Appeal in the Bakkerud case said the doctrine of municipal immunity no longer applies.’
Municipal bylaws authorise Council to seize and impound animals at the cost of the owner or person in charge, if it is reasonable and urgently necessary to eliminate a significant risk to public health.
DID YOU KNOW?
Like our Facebook page and follow us on Twitter.
For news straight to your phone invite us:
BBM – 25A0BF5A or 2B7993C8
WhatsApp – 072 069 4169
