Synopsis:
Application for confirmation. The applicant sought confirmation of an order of the High Court declaring invalid certain provisions of the Pound Ordinance 32 of 1947, KwaZulu-Natal. The challenged provisions gave power to landowners and pounkeepers to seize and impound livestock found trespassing on land. They also gave power to the poundkeepers to sell the impounded animals to recover the pound fees. All of this occured without a court order. Ngcobo J, in a unanimous judgment, confirmed in part and dismissed in part the High Court order. He held that the combined effect of certain provisions among those challenged, created an impounding scheme that, from seizure of the animals to execution of their sale, did not involve the judicial process and did not provide for notice to livestock owners where they could, with reasonable diligence, be identified. The Court also held that one of the provisions discriminated against black people, landless black people in particular, on the basis of colour and landownership and therefore violated the constitutional right to equality.
