Cat­tle farmer runs to court, wants 17 cat­tle re­leased by Vet

Observer on Saturday - - News -

Aman who ruth­lessly raped a pri­mary school girl while she was on her way to school, wants clar­ity on his 18-year sen­tence meted out by the High Court.

Banele Mamba filed an ap­pli­ca­tion at the Supreme Court where he prayed for or­der that his mat­ter be re­ferred to the High Court to have the as­pect of the which does not ap­pear in the sen­tence, clar­i­fied.

Supreme Court Judge Stan­ley Mapha­lala sit­ting with Judges Robert Cloete and Ja­cobus An­nan­dale in the

Acat­tle farmer who was a will­ing seller to a will­ing buyer has taken the di­rec­tor of vet­eri­nary ser­vices to court where he is seek­ing an or­der di­rect­ing him and his dip tank as­sis­tant to re­lease forth­with 17 of his cat­tle.

Abel Sikelela Sih­lon­gonyane of Sig­caweni area, who sold the cat­tle to a butch­ery owner Don­ald Me­shack Jele, is also seek­ing an or­der of court di­rect­ing the Deputy Sher­iff of the Hhoho re­gion to seize the herd of cat­tle as de­scribed in stock re­moval per­mit num­ber 0230964 where ever they may be found and de­liver them to the pur­chaser (Jele).

Sih­lon­gonyane is rep­re­sented by lawyer Du­misa Khu­malo in the mat­ter while the first and sec­ond re­spon­dents (di­rec­tor vet­eri­nary and Ma­ja­honke Ma­gag­ula) are rep­re­sented by the at­tor­ney gen­eral’s of­fices.

Ac­cord­ing to the ap­pli­cant (Sih­lon­gonyane) who has filed an ur­gent ap­pli­ca­tion at the High Court, be­ing the owner of the large herd of cat­tle at his home at Sig­caweni, some­time in the month of Oc­to­ber 2018 he de­cided to off-load some of the cat­tle to solve his fi­nan­cial chal­lenges and agreed to sell 17 cat­tle to Jele.

The agree­ment was that he would sell the cat­tle to Jele at a fixed amount of E80 000 but Jele was to make a down pay­ment of E50 000 and pay the re­main­der when the cat­tle are de­liv­ered to him and in­deed Jele paid the agreed amount of E50 000 and they pro­ceeded to the Manzini Vet­eri­nary of­fices where the rel­e­vant stock re­moval per­mit was is­sued, ef­fec­tively trans­fer­ring the 17 cat­tle to the new owner (Jele). How­ever, Sih­lon­gonyane sub­mit­ted that on the day the cat­tle were to be cleared and de­liv­ered to Jele, the sec­ond re­spon­dent Ma­ja­honke Ma­gag­ula

re­fused to do so and gave no valid rea­sons for his re­fusal while act­ing in the course and scope of his em­ploy­ment while in the com­pany of the Chair­man of the dip­ping tank known as Mahlale­sang­weni.

“The re­fusal of the sec­ond re­spon­dent to clear and de­liver the cat­tle to Jele con­sti­tuted a breach of his statu­tory duty, par­tic­u­larly be­cause I had suc­cess­fully trans­ferred the cat­tle from my­self to Jele af­ter the con­clu­sion of the sale,” Sih­lon­gonyane sub­mit­ted.

He sub­mit­ted that the sec­ond re­spon­dent did not even state that he was act­ing un­der the in­struc­tion of the first re­spon­dent by re­fus­ing to clear the cat­tle to Jele and this is un­jus­ti­fied and con­trary to Reg­u­la­tion 43 of the An­i­mals Act of 1965 which pro­vides that the de­ci­sion of the first re­spon­dent per­tain­ing to any deal­ings with cat­tle shall be fi­nal.

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