Update
GEORGE NEWS - Two free-roaming adult horses were hit and killed by cars within hours of each other in Pacaltsdorp at the weekend while at least two people sustained serious injuries.
Free-roaming livestock, especially horses, are something that Pacaltsdorp residents have been complaining about for years.
However, it would seem as if complaints fall on deaf ears as the owners of these animals do not realise the damage and potential harm these animals can cause, especially after sunset.
This was proven by the two most recent accidents involving the two horses.
The first incident took place shortly before 23:00 when a car collided with a horse in Hibiscus Street. Due to a badly broken leg, the horse had to be euthanised by the Garden Route SPCA (GRSPCA) that was called out to the scene.
Both the driver and passenger allegedly sustained serious injuries and one of them was hospitalised. Rumours of a fatality could not be confirmed.
At about 00:50 the following morning, the GRSPCA was again called out to a scene where another horse was hit and killed in Beach Road near Beukes Street. It is believed that the animal died on impact.
No serious injuries related to people were reported.
"When we arrived on the first scene we saw a Corsa hatchback had collided with a mare. The mare unfortunately had to be put down due to her injuries. The second call came in shortly after 01:00 the following morning where another horse was also hit by a car in Beach Road," said senior GRSPCA inspector, Salomé Bruyns.
Southern Cape police spokesperson Sgt Chris Spies confirmed accidents in Beach Road and Hibiscus Street, but said no accidents involving horses were reported. "No incidents where horses were involved were reported for further police investigation."
He said that only an accident report was compiled following the accident in Hibiscus Street.
Staff under threat
According to Bruyns, the problem with free-roaming livestock is nothing new to this area. "This has been going on for years," she said. However, impounding these animals proved to be life threatening to GRSPCA staff members in the past as previous incidents have been reported where staff members were attacked and assaulted by people using bricks when attempting to impound horses.
Onus on the owner
"To safely address the issue, we require a collective responsibility from various stakeholders, including local authorities, law enforcement agencies, community members, and horse owners," said Bruyns.
She reiterated that although it is law enforcement's duty to impound nuisance horses and other big animals, while enforcing the implementation of the bylaws pertaining to keeping livestock, the onus is ultimately on the owner of the animal to ensure its safety. The GRSCPA assists the municipality with the impounding of big animals, yet it is not the SPCA's mandate to impound them.
Ntobeko Mangqwengqwe, senior communications officer at the municipality said that the owners of the animals will be held responsible if they become known and it could become a civil case based on the damages. A police investigation will follow should there be any fatalities.
The municipality appeals to owners to keep their animals under control, or they may have to face the consequences of their animals being impounded and them getting fined or prosecuted. "We also caution members of the public that no cattle, horses or other farm animals are allowed to be kept in residential areas."
Mangqwengqwe said the municipal bylaws relating to the keeping of animals and impounding of animals are clear and hold the owner or keeper of the animals responsible. "These animals are privately owned and therefore the owners are, in terms of the National Animal Pounds Bill, liable for any claims arising from damage caused by these animals," he said.
The Corsa that hit the horse in Hibiscus Street.
Go for Geld
In light of ongoing incidents, the GRSPCA has taken a proactive approach to address the situation in the form of a gelding drive. This initiative, Go for Geld, is aimed at reducing the number of horses in the area by gelding (castrating) stallions.
"By doing so, we hope to minimise the risks associated with horses on public roads as, unlike stallions, geldings will not chase after mares in season and there will be fewer unplanned foals each year," said Bruyns. With fewer unplanned foals, the number of neglected and abandoned horses will also decrease.
"To accomplish this, we rely heavily on donations to contribute to the cost of gelding," she said.
George Municipality confirmed the incident in Hibiscus Street, but could not comment on the one in Beach Road.
According to Mangqwengqwe one injured person was reportedly transported to hospital. "The municipality does not have information on the other accident as it was attended to by the provincial traffic department," he said.
Police, muni and SPCA take hands
The municipality, SPCA and the police's stock theft unit based in Oudtshoorn are trying to curb the roaming of stray animals and fines are issued, impoundment fees are charged, and possible criminal cases are made when owners are repeat offenders. Animals are also confiscated if no owners claim them, or they cannot prove valid ownership.
"Although every effort is made to impound horses, it is very difficult as the horses may jolt, kick, or run away, causing more damage or endangering themselves and others. We do however respond to complaints, impound, or issue fines if the details of the owners are available," said Mangqwengqwe.
The public is encouraged to report incidents at the time when the animals are on the road. To contact Law Enforcement, please call 044 801 6350/89 and 044 801 6300 for after-hours reporting and emergencies.
The mare had to be euthanised due to a broken leg.
Information required in terms of animals on a public road:
- Stray animals
- Animals being ridden (eg. A person riding a horse)
- Animals being driven.(eg. A herd being moved from one place to another, person on foot required to have red flag.)
Regulation 313. Animal on public road
(1) Subject to the provisions of subregulation (2), no person shall leave or allow any bovine
animal, horse, ass, mule, sheep, goat, pig or ostrich to be on any section of a public road where that section is fenced or in any other manner closed along both sides, and no person shall leave such animal in a place from where it may stray onto such section of a public road. Current stray animals.
(2) The provisions of sub-regulation (1) shall not apply—
(a) to any animal which is being ridden or is being used to draw a vehicle along a public road; or
(b) to any animal which is being driven from one place to another in such manner as not
to constitute a source of danger or injury to any person or vehicle using such road.
(3) In any prosecution for a contravention of sub-regulation (1), it shall, in the absence of
evidence to the contrary, be presumed that any animal referred to in sub-regulation (1) was left or allowed to be on the section of the public road or place concerned by the owner of such animal, and a section of a public road shall be regarded as fenced or enclosed along both sides even though there is an opening providing access to such road in the fence or other enclosure.
(4) No person shall drive any animal referred to in sub-regulation (1)—
(a) along a public road during the period from sunset to sunrise, unless a person carrying a
red light visible in clear weather for a distance of at least 150 metres tends such an
animal or, in the case of a flock or herd of more than 10 animals, a person tending
such animals and carrying a light as aforesaid precedes and another such person
carrying a light as aforesaid follows such animals; or
(b) along a public road during any other period, unless a person displaying in a
conspicuous manner a red cloth, of not less than 300 millimetres by 300 millimetres,
tends such animal or, in the case of a flock or herd of more than 10 animals, a person
tending such animals and displaying a cloth as aforesaid precedes and another such
person displaying a cloth as aforesaid follows such animals.
(5) A person in charge of an animal on a public road shall tend the animal in such a manner as not to constitute an obstruction or danger to other traffic.
(6) A traffic officer may take charge of any animal referred to in sub-regulation (1) on a public
road or take such steps in respect of the animal as determined by the MEC of the province concerned.
Regulation 314. Animal-drawn vehicles
(1) No person shall operate an animal-drawn vehicle on a public road unless the name and
address of the owner thereof is affixed or painted in a conspicuous position on the left side of such vehicle in letters not less than 25 millimetres high: Provided that nothing herein contained shall apply in respect of a vehicle used solely for the conveyance of persons otherwise than for hire or reward.
(2) No person shall operate an animal-drawn vehicle on a public road unless the vehicle and
the harness and other equipment thereof are in an efficient and safe condition.
(3) The owner of an animal-drawn vehicle shall not cause or permit such vehicle to be used on a public road by any person who is not competent whether by reason of his or her age or otherwise to drive and control such vehicle.
(4) The driver of an animal-drawn vehicle on a public road shall at all times give his or her
undivided attention to the driving of the vehicle under his or her control, and if the vehicle is standing on a public road, the driver shall not cease to retain control over every animal which is still harnessed to the vehicle, unless some other person competent to do so takes charge of every such animal, or every such animal is so fastened that it cannot move from the place where it has been left.
(5) No person shall operate on a public road a vehicle drawn by a team of animals not
controlled by reins, unless there is a person leading the team and exercising control over such team.
(6) The driver or other person in charge of a vehicle drawn by any animal shall not, on a
public road outside an urban area, permit such vehicle to follow any other vehicle similarly drawn at a distance of less than 150 metres calculated from the foremost animal of such first-mentioned vehicle, except for the purpose of overtaking a vehicle travelling at a slower speed or when a vehicle travelling at a greater speed, having overtaken such vehicle, is drawing away from it.
Fines:
- Person allowing animals at large on fenced road or where it can stray onto road – R1000
- Person driving animals at night without red light – R1500
- No red flags whilst driving animals during day – R1000
- Person in charge allowing animals to be obstruction/danger to traffic on a public road – R1000
- Operating animal-drawn vehicle with no or non-complying name and address of owner on side of such vehicle – R300
- Operating animal-drawn vehicle with harness or equipment not in safe and efficient condition – R500
- Owner of animal-drawn vehicle causing or permitting incompetent person to use it – R500
- Driver of animal-drawn vehicle not giving full attention to driving or unattended – R500
- Operating animal-drawn vehicle without reins and no person leading – R500
- Driver or person in charge of animal-drawn vehicle following another animal-drawn vehicle be less than 150 meters – R 300
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