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