eSwatini
Stock Theft Act, 1982
Act 5 of 1982
- Commenced on 2 July 1982
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Stock Theft Act, 1982 and shall come into operation on such date as the Minister may, by Notice in the Gazette, appoint.2. Interpretation
In this Act, unless the context otherwise requires—“Meat Inspector” shall have the meaning assigned to it in the Control of Slaughter Houses Act 1964;“Health Inspector” shall have the meaning assigned to it in the Public Health Act 1969;“Minister” means the Minister for Justice;“produce” means the whole or part of any skins, hides, or horns of stock, and any wool, mohair or ostrich feathers;“public sale” means a sale effected—(a)at any public market; or(b)by any shopkeeper during the hours when his shop may in terms of any law remain open for the transaction of business; or(c)by a duly licensed auctioneer at a public auction; or(d)in pursuance of any order of a competent Court;“sell” includes the alienation of stock or produce in any manner whatsoever and “sale” has the corresponding meaning;“stock” means any horse, mule, ass, cattle, sheep, goat, pig, domesticated ostrich, domesticated game or the carcass or portion of the carcass of any such stock.[Amended A.11/1987]3. Theft and unlawful possession of stock or produce
Any person who—4. Failure to disclose from whom stock or produce has been obtained
Any person who is found in possession of stock or produce in regard to which there is a reasonable suspicion that it has been stolen and is, on a request by a police officer, unable to disclose to such police officer the source from which such stock or produce has been obtained, shall be guilty of an offence.5. Acquiring stock or produce without reasonable belief as to ownership
6. Entering with intent to steal
7. Delivery of stock or produce between sunset and sunrise
Any person who for the purpose of trade makes or takes delivery between sunset and sunrise of any stock or produce sold or acquired by him in any manner other than at a public sale, shall be guilty of an offence.8. Document of sale to be furnished
9. Acquisition stock or produce from persons whose places of residence are unknown
10. Person other than a licensed butcher or licensed meat canner slaughtering stock without permit
11. Power to search and arrest without a warrant
12. Malicious arrest and search
13. Alternative verdicts
14. Keeping of records of stock purchased or slaughtered by butchers or on their behalf
15. Preservation of hides and skins
16. Alteration, disfiguration or effacement of brands or other marks of identification, on stock or produce
Any person shall be guilty of an offence if, without lawful excuse, he alters, disfigures or effaces a brand or other mark of identification on any stock or produce.17. Keeping of records of stock or produce acquired or received otherwise than at a public sale or by auctioneer etc., for sale
18. Penalties for offences
19. Jurisdiction of Magistrate’s Court in respect of penalties
Notwithstanding anything in any other law, a Magistrate’s Court of the First Class shall have jurisdiction to impose upon a person convicted of an offence in respect of which the penalty is prescribed in section 18(1) any penalty in accordance with that section and to order the payment of any compensation under section 20.20. Compensation in addition to sentence in certain cases
20bis. Suspension or revocation of licence in certain circumstances
21. Exemption from sections 7, 8 and 9
The Minister may, by notice in the Gazette and subject to such conditions as he may determine, exempt from the application of or compliance with sections 7, 8 and 9—22. Regulations
The Minister may make regulations for the better carrying out of the provisions of this Act, including regulations prescribing the form of any certificate or document required for the purposes of this Act.23. Repeal of the Stock Theft Act, 1904
The Stock Theft Act, 1904 is hereby repealed.History of this document
01 December 1998 this version
Consolidation
02 July 1982
Commenced
Documents citing this one 19
Judgment 18
- Chere v Dlamini and Another (890 of 2018) [2018] SZHC 144 (5 July 2018)
- Maseko and Another v Rex (84 of 2014) [2014] SZHC 156 (14 July 2014)
- R v Nkomo (5 of 2009) [2009] SZHC 195 (20 August 2009)
- R v Simelane (25 of 2008) [2009] SZHC 184 (6 August 2009)
- R v Zwane and Another (128 of 6) [2007] SZHC 5 (23 January 2007)
- Regina v Gama [1983] SZHC 16 (30 March 1983)
- Regina v Khumalo [1985] SZHC 2 (9 January 1985)
- Rex v Mamba [1998] SZHC 96 (17 August 1998)
- Rex v Kunene and Another (25 of 2014) [2014] SZHC 348 (19 September 2014)
- Rex v Mamba (71/1997) (71 of 1997) [1998] SZHC 29 (17 September 1998)
- Rex v Masuku (2 of 2014) [2014] SZHC 346 (25 September 2014)
- Rex.v Matsaba (143 of 1996) [1997] SZHC 12 (9 October 1997)
- Small Enterprise Development Company v Ntshalintshali (8 of 2007) [2007] SZIC 115 (18 October 2007)
- Small Enterprise Development Company v Ntshalintshali (8 of 2007) [2007] SZICA 1 (18 October 2007)
- Swaziland Ranches Ltd t/a Tambankulu Estates v Rudd [1993] SZHC 64 (13 August 1993)
- Thwala Siza Gangadvu v Rex (41 of 1999) [1999] SZSC 9 (18 November 1999)
- Thwala v Rex [1999] SZHC 177 (18 November 1999)
- Zikalala v Rex [2003] SZHC 46 (15 April 2003)