15. Protected game, ordinary game and protected wild animals.—
(1) The wild animals referred to—
(a) in Schedule 2 to this Ordinance shall be protected game;
(aA) in Schedule 2A to this Ordinance shall be specially protected game;
[Subpara. (aA) inserted by para. 2 (a) of Proc. 25 of 1991.]
(b) in Schedule 3 to this Ordinance shall be ordinary game;
(c) in Schedule 4 to this Ordinance shall be protected wild animals.
(2) The MEC may by notice in the Provincial Gazette amend, substitute or repeal Schedule 2, 2A, 3 or 4 to this Ordinance.
[Subs. (2) substituted by para. 1 of Proc. 38 of 1989 and by para. 2 (b) of Proc. 25 of 1991.]
16. Hunting of protected game.—
(1) Subject to the provisions of this Ordinance, no person shall hunt protected game: Provided that upon the written application of the owner of land a permit may be issued—
(a) to the owner;
(b) to any other person indicated by the owner in the application, which authorizes the holder to hunt the species, number and sex of protected game referred to in the permit on the land of the owner.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable on conviction—
(a) where such person has not been previously convicted of a contravention of this section or section 19 or 20 or a provision of the repealed Ordinance corresponding to this section or section 19 or 20, to a fine not exceeding R1 500 or to imprisonment for a period not exceeding 18 months or to both such fine and such imprisonment;
(b) where such person has been previously convicted of a contravention of this section or section 19 or 20 or a provision of the repealed Ordinance corresponding to this section or section 19 or 20, to a fine not exceeding R2 000 or to imprisonment for a period not exceeding 24 months or to both such fine and such imprisonment.
16A. Hunting of specially protected game.—
(1) Subject to the provisions of this Ordinance, no person shall hunt specially protected game: Provided that upon the written application of the owner of land a permit may be
issued—
(a) to the owner;
(b) to any other person indicated by the owner in the application, which authorizes the holder to hunt the species, number and sex of specially protected game mentioned in the
permit on the land of the owner.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding R100 000 or to imprisonment for a period not exceeding 10 years or to both such fine such imprisonment, and to a fine not exceeding three times the commercial value of the wild animal in respect of which the offence was committed.
[S. 16A inserted by para. 3 of Proc. 25 of 1991.]
17. Hunting of ordinary game.—
(1) Subject to the provisions of this Ordinance, no person shall hunt ordinary
game: Provided that—
(a) the MEC may by notice in the Provincial Gazette declare a period to be an open season during which the persons or category of persons referred to in the notice may, subject to the provisions of this Ordinance, hunt the species and sex of ordinary game referred to therein in the area defined therein;
(b) the owner of land may hunt ordinary game on, land of which he or she is the owner during an open season;
(c) a relative of the owner of land may with the prior written permission of the owner hunt ordinary game on the land of the owner during an open season, and that relative shall carry the permission with him or her while he or she so hunts on that land;
[Para. (c) substituted by para. 2 of Proc. 38 of 1989.]
(d) the holder of a licence which authorises him or her to do so may, with the prior written permission of the owner of land, hunt ordinary game on the land of the owner during an open season;
(e) the owner or occupier of land may hunt ordinary game on land of which he or she is the owner or occupier at any time during the day while it is damaging cultivated trees or cultivated crops;
(f) upon the written application of the owner of land a permit may be issued—
(i) to the owner;
(ii) to any other person indicated by the owner in the application,
which authorizes the holder to hunt the species, number and sex of ordinary game referred to in the permit on the land of the owner during a period other than an open season.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable on conviction—
(a) where such person has not been previously convicted of a contravention of this section or a corresponding provision of the repealed Ordinance, to a fine not exceeding R750 or to imprisonment for a period not exceeding 9 months or to both such fine and such imprisonment;
(b) Where such person has been previously convicted of a contravention of this section or a corresponding provision of the repealed Ordinance, to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
18. Hunting of protected wild animals.—
(1) Subject to the provisions of this Ordinance, no person shall hunt a protected wild animal: Provided that—
(a) upon the written application of the owner of land a permit may be issued—
(i) to the owner;
(ii) to any other person indicated by the owner in the application, which authorises the holder to hunt the species, number and sex of protected wild animals referred
to in the permit on the land of the owner;
(b) the owner of land, or a relative of his or her or an occupier of that land, to whom the owner has granted written permission to hunt on his or her land, which permission shall be carried by that relative or occupier with him or her while he or she so hunts on that land—
(i) may hunt a buffalo if cattle are kept on that land;
(ii) may hunt any other protected wild animal during the day or night while it is causing or is about to cause damage to stock or is in the immediate vicinity of the carcass of stock which it has or apparently has killed.
[Para. (b) substituted by para. 3 of Proc. 38 of 1989.]
(2) When any person has killed or wounded or has presumably wounded a buffalo, lion, leopard or cheetah in the circumstances contemplated in paragraph (b) of the proviso to subsection (1), he or she shall report it within 24 hours at the police station or to the office of the nature conservator nearest to the place where the buffalo, lion, leopard or cheetah was killed or wounded or was presumably wounded.
(3) Any person who contravenes or fails to comply with subsection (1) or (2) shall be guilty of an offence and liable on conviction, in the case of a contravention of subsection (1)—
(a) where such person has not been previously convicted of a contravention of that subsection or section 16 or 23 or a provision of the repealed Ordinance corresponding to that subsection or section 16 or 23, to a fine not exceeding R1 500 or to imprisonment for a period not exceeding 18 months or to both such fine and such imprisonment;
(b) where such person has been previously convicted of a contravention of that subsection or section 16 or 23 or a provision of the repealed Ordinance corresponding to that subsection or section 16 or 23, to a fine not exceeding R2 000 or to imprisonment for a period not exceeding 24 months or to both such fine and such imprisonment.
...
29. Hunting or catching of exotic animals.—
(1) Subject to the provisions of this ordinance, no person shall hunt or catch an exotic animal unless he or she has obtained the written permission of the owner of the land on which he or she hunts or catches the animal beforehand, and that person shall carry that permission with him or her while he or she so hunts or catches on that land.
[Subs. (1) substituted by para. 5 of Proc. 38 of 1989.]
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
...
32. Sale of game.—
(1) Subject to the provisions of this Ordinance, no person shall sell game, unless he or
she is the holder of a permit which authorises him or her to do so: Provided that—
(a) the owner of land may sell the meat, excluding biltong, or the carcass of game which he or she has hunted in terms of this Ordinance on land of which he or she is the owner or cause it to be sold at a public sale;
(b) a butcher who is the holder of a licence issued in terms of this Ordinance may sell the meat or a carcass sold to him or her in terms of paragraph (a).
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
(3) Notwithstanding the provisions of subsection (2), any person convicted of a contravention of subsection (1) in respect of specially protected game shall be liable to a fine not exceeding R100 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment, and to a fine not exceeding three times
the commercial value of the wild animal in respect of which the offence was committed.
[Subs. (3) inserted by para. 11 of Proc. 25 of 1991.]
33. Sale of biltong.—
(1) Subject to the provisions of this Ordinance, no person shall sell biltong, unless he or
she is the holder of a permit which authorises him or her to do so: Provided that the holder of a licence issued in terms of the Licences Ordinance, 1974 (Ordinance 19 of 1974), who purchases biltong from the holder of a permit issued in terms of this subsection, may sell the biltong on the premises in respect of which such licence has been issued in a packing approved by the MEC and on which shall be indicated—
(a) that the contents thereof is game biltong;
(b) the name and residential address of the holder of the permit from whom the biltong was purchased; and
(c) the number of the permit contemplated in paragraph (b).
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
34. Purchase of game.—
(1) No person shall purchase game except from a person who sells it lawfully.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
....
37. Receipt possession, acquisition or handling of dead game.—
(1) Any person who—
(a) receives dead game knowing that it was not hunted or acquired lawfully;
(b) is found in possession of dead game in respect of which there is a reasonable suspicion that it was not hunted or acquired lawfully and is unable to give a satisfactory account of such possession;
(c) in any manner acquired or receives into his or her possession or handles dead game without having reasonable cause, proof of which shall be on him or her, for believing at the time of such acquisition, receipt or handling that such game was hunted or acquired lawfully, shall be guilty of an offence.
(2) For the purposes of subsection (1) “dead game” shall not include dead game purchased at a public sale.
....
40. Keeping or conveyance of wild animals or exotic animals in certain conditions.—
(1) No person shall keep or convey or cause a wild animal or an exotic animal to be kept or conveyed in conditions which are unhygienic or in which such animal may be injured or unnecessarily disturbed.
(2) A nature conservator may, if he or she is of the opinion that a wild animal or an exotic animal is being kept or conveyed in the conditions contemplated in subsection (1), instruct the person who keeps or conveys the animal in such conditions in writing to take the steps referred to in the instruction or to rectify such conditions.
(3) Any person who contravenes or fails to comply with subsection (1) or (2) shall be guilty of an offence.
41. Importing of live wild animals.—
(1) No person shall import a live wild animal into the Province, unless he or she is the holder of a permit which authorises him or her to do so.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
42. Exporting or removal of wild animals from Province.—
(1) No person shall export or remove a wild animal from the Province, unless he or she is the holder of a permit which authorises him or her to do so: Provided that any person may export or remove to any other province the carcass or fresh meat of a wild animal which has been hunted lawfully, or biltong which has been acquired lawfully.
(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
(3) Notwithstanding the provisions of subsection (2), any person convicted of a subsection (1) in respect of specially protected game shall be liable to a fine not exceeding R100 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment, and to a fine not exceeding three times the
commercial value of the wild animal in respect of which the offence was committed.
[Subs.(3) inserted by para. 12 of Proc. 25 of 1991.]
43. Prohibited acts with certain live wild animals.—
(1) No person shall keep, possess, sell, donate or receive as a donation or convey a live wild animal referred to in Schedule 5 to this Ordinance, unless he or she is the holder of a permit which authorises him or her to do so.
(2) The MEC may be by notice in the Provincial Gazette amend, substitute or repeal Schedule 5 to this ordinance.
[Subs. (2) substituted by para. 7 of Proc. 38 of 1989.]
(3) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
44. Prohibited acts with exotic animals.—
(1) No person shall—
(a) import into the Province or convey or set free therein a live exotic animal;
[Para. (a) substituted by s. 4 (a) of Ord. 11 of 1984.]
(b) convey, keep, possess, sell, purchase, donate or receive as a donation a live exotic animal referred to in Schedule 6 to this Ordinance, unless he or she is the holder of a permit which authorizes him or her to do so: Provided that any person may convey in the province an exotic pet animal or exotic bird, excluding such animal or bird referred to in schedule 6 to this Ordinance.
[Proviso to subs. (1) substituted by s. 4 (b) of Ord. 11 of 1984.]
(2) The MEC may be by notice in the Provincial Gazette amend, substitute or repeal Schedule 6 to this ordinance.
[Subs. (2) substituted by para. 8 of Proc. 38 of 1989.]
(3) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence.
45. Prohibited acts with certain invertebrata.—
(1) No person shall collect, catch, kill, keep, purchase, sell, donate or receive as a donation, convey, import into the Province or export or remove therefrom an invertebrate
referred to in Schedule 7 to this Ordinance, unless he or she is the holder of a permit which authorises him or her to do so.
(2) The MEC may by notice in the Provincial Gazette amend, substitute or repeal Schedule 7 to this ordinance.
[Subs. (2) substituted by para. 9 of Proc. 38 of 1989.]
(3) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable on conviction—
(a) where such person has not been previously convicted of a contravention of this section, to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment;
(b) where such person has been previously convicted of a contravention of this section, to a fine not exceeding R1 500 or to imprisonment for a period not exceeding 18 months or to both such fine and such imprisonment.
....
48. Prohibited acts.—
(1) Any person who—
(a) falsely professes to be the owner or occupier of land and grants permission to any other person to hunt or catch a wild animal or an exotic animal on land of which he or she so professes to be the owner or occupier;
(b) permits or allows any other person to do anything which is an offence in terms of this Ordinance;
(c) falsely professes that he or she sells game lawfully,
shall be guilty of an offence and liable on conviction to a fine not exceeding R1 500 or to imprisonment for a period not exceeding 18 months or to both such fine and such imprisonment.
[Previous S. 48 renumbered to subs. (1) by para. 13 of Proc. 25 of 1991.]
(2) Notwithstanding the provisions of subsection (1), any person convicted of a contravention of subsection (1) (b) o r (c) in respect of specially protected game shall be liable to a fine not exceeding R100 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment, and to a fine not exceeding three times the commercial value of the wild animal in respect of which the offence was committed.
[Subs. (2) inserted by para. 13 of Proc. 25 of 1991.]
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