Dogs’ registration law still exists
MBABANE – Do you keep dogs as pets? If so have you registered them? Dogs have always been a popular choice for pets, but owning one comes with the responsibility to register.
While other countries have implemented the registration of dogs for different reasons, the law in Eswatini has remained dormant.
The Registration of Dogs Act,
1953 is under the Schedule of Eswatini Revenue Service (ERS).
When contacted to give clarity on the status of the Act and whether there was a plan to officially scrap it under the schedule of the entity, Director of Communications Vusi Dlamini said the law was not even worth commenting on.
“This is one of the laws we will never implement and it is not even worth talking about,” he briefly said Dlamini. It is expected that the obligation of ERS under the Act would be to collect dog tax.
The Act demands that every owner of or other person having the custody or control of a dog should register such dog and take out a registration certificate and badge as soon as it turns six months of age. It declares that application for such certificate shall be made to the commissioner of the district in which the owner or custodian resides.
It further states that the dogs would then receive certificates of registration and a badge identifying the year in which they were registered. However, the law also dictates that the owner of the dog would have to pay 10 cents for a lost badge or certificate.
“In respect of dogs which are on the first day of January in any year of the age of six months and over, application shall be made for such certificate or a renewal thereof, within one-month after such date and in respect of dogs reaching such age between such date and the thirty-first day of December next ensuing, application for a certificate shall be made within one month after it reaches such age. For every such certificate or renewal thereof, there shall be paid in respect of any dog kept in the township area of Bhunya, Mbabane, Hlatikulu, Mankanyane, Manzini, Mhlambanyatsi, Nhlangano, Pigg’s Peak and Siteki, the sum of E500; and in any other area, the sum of E1. On the
renewal of such certificate or badge, the officer issuing the same, may require the delivery to him of any certificate or badge previously issued to the same person for a period which has expired,” reads the law.
The Act further states that a person who fails to register their dog or produce a registration certificate or badge where required would be guilty of an offence.
It further provided in the Act that the Minister may, by notice through Gazette, declare that this Act no longer applied.
CONTROL
“Every person, who has in his possession or custody or under his control a dog, in respect of which a registration certificate is necessary under this Act, shall, within a reasonable time after being requested by an administrative officer, a Justice of the peace or a member of the Royal Eswatini Police Service so to do, produce or cause to be produced for inspection such certificate and the dog in respect of which it was issued. Every holder of such certificate shall cause the metal badge issued to him to be worn at all times by the dog in respect of which the certificate is issued for the time during which such certificate is in force. A person failing to comply with this provision shall be guilty
of an offence,” Reads the Act.
A dog found at any place without a current badge issued in respect of it under this Act may be killed forthwith by a member of the Royal Eswatini Police Service. The police however, would have to be authorised in writing by the national commissioner of police, or by a person generally or specially authorised thereto in writing by government. The Act also authorises the killing of dogs that are not under control and custody of any person and which were found trespassing on someone’s land. The authority to destroy the dog is handed to the owner of the property and an order would have to be sought.
INTENT
“A person who fails to comply with the sections of this Act shall be liable on conviction to a fine not exceeding E10 or to imprisonment for a period not exceeding one month. A person who fabricates any document or piece of metal with intent that such document shall be used as a registration certificate, or such piece of metal shall be used as a badge, issued under this Act or commit any other crime related to these Act, shall be guilty of an offence and shall be liable on conviction to a fine of E100, or in default of payment thereof to
imprisonment for a period not exceeding six months. The minister may by notice in the Gazette make, alter and repeal rules prescribing the method of registration and the form of metal badges to be issued under this Act,” further reads the Act.
A legal expert who spoke on condition of anonymity said the license tag helped with animal control, and shelters to quickly identify a dog and get it back to safety. He said if your dog was found wandering the streets, a rescue organisation could easily look up your dog via its license identifying number.
“Licensed dogs are always assumed to be healthy and safe so they tend to be kept at the shelter longer than unlicensed dogs once they get lost. Yes the law might be dormant but the good side of it includes the need to vaccinate and keep the animals healthier. Dog laws in other countries cover a range of topics, including licensing and registration requirements, restrictions on dangerous dog breeds, and guidelines for the proper care and treatment of dogs,” said the legal expert.
He added that the responsibilities were designed to ensure that dogs were treated humanely and were not posing a threat to others.
He added that the key responsibilities of dog owners were that all dogs should be licensed and registered with the relevant authorities in the country. He said this included providing proof of vaccination and sterilisation, as well as paying an annual fee.