As the owners or managers of tracts of state-owned land, municipalities also have mandated responsibilities to help prevent or manage outbreaks of controlled animal diseases like foot-and-mouth disease.

By Lloyd Phillips, senior journalist at African Farming and Landbouweekblad

Text: Agri Eastern Cape (Agri EC) and the Eastern Cape Red Meat Producers’ Organisation (EC RPO) recently published a memorandum explaining to their members the responsibilities of municipalities in the Eastern Cape. In many respects, however, legislation requires all municipalities in South Africa to hold and fulfil similar responsibilities when it comes to controlled animal diseases.

The memorandum states that, in terms of Section 41(1)(h) of the South African Constitution, municipalities are required, in the context of outbreaks of such diseases, to cooperate with provincial and national government by sharing information, consulting one another, coordinating their actions and adhering to agreed procedures.

Municipalities must also comply with any directives, schemes or control measures issued by the minister of agriculture under the Animal Diseases Act (Act 35 of 1984). In practice, this may involve facilitating veterinary inspections, assisting with control measures, and helping enforce grazing or movement restrictions.

Also read: KZN steps up FMD response with February vaccination rollout

Obligations as per National Legislation

In addition to these responsibilities, municipalities have specific legal obligations under national legislation such as the Fencing Act (Act 31 of 1963) and the Animal Identification Act (Act 6 of 2002) when dealing with land under their control.

Brent McNamara, CEO of Agri EC and the EC RPO, says where a municipality leases its land to a livestock owner, it is the livestock owner who primarily carries the responsibility to comply with legislation, including requirements related to the prevention and reporting of animal diseases.

If a municipal commonage is used communally without a lease, “as is often the case”, the municipality acts as both landowner and land manager, and is therefore responsible for ensuring disease control and reporting.

Municipalities Also Have Legal Responsibilities To Help Curb Fmd — Municipalities and their officials can potentially face legal action should they fail to affect their legislated responsibilities for preventing and managing controlled animal diseases on municipal land. Photo: Alamy/Childa Santrucek

“The responsibilities of municipalities in managing animals on municipal land, including commonages and public and residential areas, have been confirmed and enforced by our courts.

“In Agri Eastern Cape and others v Ndlambe Municipality and others (2021), the court ordered the municipality to implement permit systems, regulate grazing and commonage use, maintain commonage infrastructure and ensure animal traceability in accordance with municipal by-laws and national legislation, including the Animal Diseases Act. This demonstrates how municipalities must act to fulfil their duties.”

McNamara points out that legislation also demands that all livestock owners immediately report suspected or confirmed cases of controlled diseases to a state animal health authority.

<caption>In cases where municipal commonages used for livestock grazing lack suitable containment measures like fences, municipalities are expected to ensure that the animals are always attended by a herder. Photo: Alamy/Richard van der Spuy

Action and Education Non-Negotiable

Municipalities are responsible for ensuring that commonages or residential areas do not become a source of diseases that pose a threat to surrounding farms or communities. Where municipal commonages or residential areas lack appropriate physical containment measures, like fences, for livestock, the relevant municipality is expected to explore alternative livestock controls such as the use of road rangers, herders, and the kraaling of animals that are not under active supervision.

“Municipalities must engage with livestock owners and other commonage users to explain all the legal requirements. Cooperation by livestock owners is critical for effective disease control,” McNamara says.

“Failure to comply with these duties may expose municipalities or the responsible municipal officials to enforcement action, fines or other legal consequences under the Animal Diseases Act and relevant constitutional provisions. These responsibilities are essential to protect the health of the public, animals and the environment.”

Legal Recourse for Farmers

An expert on politics, who asked not to be named, has confirmed that private individuals can institute legal action against their local municipality. The expert cautions, however, that before doing so, private individuals, including farmers, must ensure that they themselves are fully compliant with all applicable laws, including those governing the management of their own livestock. Failing to do so could undermine the applicant’s matter in court.

“In the case of farmers, I recommend first raising the matter with and seeking advice from any relevant organised bodies of which they are members. If such a body agrees that the farmer’s grievance against a municipality has merit, it is preferable to institute legal action through the organised body.”