Premiers taken to court after goats impounded

A LADY Frere man, whose 91 goats were impounded after they strayed onto a neighbouring farmer’s land, is taking the premiers of the Western, Eastern and Northern Cape to court to have sections of the Cape Pound Ordinance declared unconstitutional.

The ordinance, which is effec- tive in the three provinces, permits the impounding of stray, dangerous or trespassing animals and the sale or destruction of the animals under certain circumstances without the owner’s knowledge.

This according to disabled pensioner and farmer Bension Mphithikezi Mdodana is unconstitutional and invalid. He has cited, among others, the three premiers and the Lukhanji Local Municipality as respondents.

But his neighbour, commercial farmer Christopher Callaghan, warns in court papers that if farmers had no pound to resort to they would be driven to destroy stray animals or chase them off onto roads.

In 2010, Mdodana’s 91 goats strayed onto Callaghan’s farm where they were impounded.

Mdodana must pay R41 000 pound fees levied.

Lukhanji Municipal director of community services Gideon Judeel rubbished Mdodana’s claim saying: “The pounds Ordinance provides a system to deal with stray livestock . . .”

The matter was yesterday withdrawn from the Grahamstown High Court roll but will be heard in due course.