GOVERNMENT GAZETTE OF THE
REPUBLIC OF NAMIBIA RO,40 WINDHOEK - 28 August 1990 No. 63
CONTENTS
Page
GOVERNMENT NOTICE
No. 44 Promulgation of Stock Theft Act, 1990 (Act 12 of 1990), of the National Assembly .
Government Notice
OFFICE OF THE PRIME MINISTER
No. 44 1990
PROMULGATION OF ACT OF THE NATIONAL ASSEMBLY
The following Act which has been passed by the National Assembly and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.
No. 12 of 1990: Stock Theft Act, 1990.
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STOCK THEFT ACT, 1990Act No. 12, 1990
Definitions.
ACT To consolidate and amend the laws relating to the theft of stock and produce.
(Signed by the President on 20 August 1990)
BE IT ENACTED by the National Assembly of the Republic of Namibia, as follows:-
1. In this Act, unless the context otherwise indicates-
"Inspector-General" means the Inspector-General of Police appointed under Article 32(4)(c)(bb) or Article 142 of the Namibian Constitution, as the case may be;
"Minister" means the Minister of Justice;
"produce" means the whole or any part of any skins, hides or horns of stock, and any wool, mohair or ostrich feathers;
"public sale" means a sale effected -
(a) at any public market; or
(b) by any shopkeeper during the hours when his or her shop may in terms of any law remain open for the transaction of business; or
(c) by a duly licensed auctioneer at a public auction; or
(d) in pursuance of an order of a competent court;
"stock" means any horse, mule, ass, bull, cow, ox, heifer, calf, sheep, goat, pig, poultry, domesticated ostrich, domesticated game or the carcase or portion of the carcase of any such stock;
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Failure to give satisfac- tory account of possession of stock or produce.
Absence of reasonable cause for believing stock or produce properly acquired.
Entering enclosed land or kraal, shed, stable, or other walled place with intent to steal stock or produce.
Delivery of stock or pro- duce between sunset and sunrise.
Document of identifica- tion to be furnished by person who disposes of stock.
"sufficient fence" means any wire fence, or any other fence, wall or hedge through which no stock could pass without breaking it, or any natural boundary through or across which no sheep would ordinarily pass.
2. Any person who is found in possession of stock or produce in regard to which there is reasonable suspicion that it has been stolen and is unable to give a satisfactory account of such possession, shall be guilty of an offence.
3. Any person who in any manner, otherwise than at a public sale, acquires or receives into his possession from any other person stolen stock or stolen produce without having reasonable cause for believing, at the time of such acquisition or receipt, that such stock or produce is the property of the person from whom he acquires or receives it or that such person has been duly authorized by the owner thereof to deal with it or dispose of it, shall be guilty of an offence.
4. Any person who in any manner enters any land enclosed on all sides with a sufficient fence or any kraal, shed, stable or other walled place with intent to steal any stock or produce on such land or in such kraal, shed, stable or other walled place, shall be guilty of an offence.
5. Any person who for purposes of trade makes or accepts delivery between the hours of sunset and sunrise of any stock or produce sold or purchased or otherwise disposed of or acquired by him or her in any other manner than at a public sale, shall be guilty of an offence.
6. (1) Any person (including any auctioneer, agent or market master) who sells, barters, gives or in any other manner disposes of stock to any other person shall at the time of delivery to such other person of the stock so sold, bartered, given or disposed of, furnish such other person with a document (hereinafter referred to as a document of identification) -
(a) stating-
(i) his or her full name and address and, if the stock was sold, bartered, given or disposed of on behalf of some other person, also the name and address of such other person;
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(ii) such particulars in regard to such stock as may be required to be stated therein in terms of any regulation made under section 19;
(iii) the full name and address of the person to whom the stock was sold, bartered, given or disposed of;
(iv) the date on which the stock was sold, bartered, given or disposed of;
(b) certifying that such stock is his or her property or that he or she is du1y authorized by the owner thereof to deal with or dispose of it.
(2) No person to whom any stock has been sold, bartered, given or otherwise disposed of and to whom a document of identification is required to be furnished in terms of subsection (1) shall take delivery of such stock without obtaining such document at the time of delivery.
(3) Any person to whom a document of identifi- cation has been furnished in terms of subsection (1) shall retain it in his or her possession for a period of at least one year.
(4) Any person who has reasonable suspicion that an offence has been committed under this Act, may within the period referred to in subsection (3) demand from any person who is required in terms of subsection (1) to have in his or her possession a document of identification an inspection of such document, and upon such demand the person having possession of such document shall produce it for inspection to the person making the demand.
(5) Any person who -
(a) contravenes or fails to comply with any provision of this section;
(b) fails to comply with any demand made under subsection (4); or
(c) wilfully makes any false statement in a docu- ment of identification,
shall be guilty of an offence.
(6) Any person who delivers any stock to an auc- tioneer, agent or market master for the purpose of sale or
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Acquisition of stock or produce from persons whose places of residence are unknown.
disposal in any other manner, shall, for the purposes of this section, be deemed to have disposed of such stock to such auctioneer, agent or market master.
7. (I) Any person who in any manner (otherwise than at a public sale) acquires or receives into his possession, or any auctioneer, agent or market master who receives into his possession for the purpose of sale, from any person who has no known or fixed place of residence, any stock or produce without obtaining at the time of delivery of such stock or produce to him a certificate, issued not more than thirty days before the delivery, from -
(a) the employer, chief or headman of the person concerned or a deputy of such chief or headman or any member of a traditional councilor authority or a representative of such chief, headman or council;
(b) a justice of the peace;
(c) a policeman of or above the rank of sergeant;
(d) a stock inspector;
(e) two residents of the neighbourhood in which the transaction takes place; or
(f) the person from whom such person purchased or acquired such stock or produce if the first- mentioned person has a known or fixed address,
giving a description of the stock or produce and certifying that to the best of his or her or their knowledge and belief such person is entitled to dispose of or deal with such stock or produce, shall be guilty of an offence.
(2) Any person who has obtained such a certificate shall retain it in his or her possession for a period of at least one year.
(3) Any person who has reasonable suspicion that an offence has been committed under this Act, may within the period referred to in subsection (2) demand from any person who is required in terms of subsection (1) to have in his or her possession a certificate referred to in that subsection an inspection of such certificate, and upon such demand the person having possession of such certificate shall produce it for inspection to the person making the demand.
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Stock or produce driven, conveyed or transported on or along public roads.
.. (4) Any person who fails to comply with the pro- VISIOns of subsection (2) or any demand made under subsection and upon such demand the person having possession of such certificate shall produce it for inspection to (3) or who wilfully makes any false statement in a certificate referred to in subsection (1), shall be guilty of an offence.
8. (1) No person shall drive, conveyor transport any stock or produce of which he or she is not the owner on or along any public road unless he or she has in his or her possession a certificate (hereinafter referred to as a removal certificate) issued to him or her by the owner of such stock or produce or the duly authorized agent of such owner, in which is stated -
(a) the name and address of the person who issued the certificate;
(b) the name and address of the owner of such stock or produce;
(c) such particulars in regard to such stock or produce as may be required to be stated therein in terms of any regulation made under section 19;
(d) the place from which and the place to which such stock or produce is being driven, conveyed or transported;
(e) the name of the driver, conveyer or transporter;
(f) the date of issue thereof; and
(g) if applicable, the registration number, model and make of the vehicle with which the stock or produce is being conveyed or transported:
Provided that the provisions of this subsection shall not apply in respect of any stock or produce which is being driven, conveyed or transported, with the consent of the owner thereof or his or her duly authorized agent, on or along such portion of any public road as traverses land which belongs to or is occupied by such owner or agent.
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(2) No person shall cause or permit any stock or produce of which he or she is the owner to be driven, conveyed or transported by any other person on or along any public road without furnishing him or her with a removal certificate which he or she is required to have in terms of subsection (I).
(3) Any justice of the peace, policeman, or owner, lessee or occupier of land may demand from any person who is required in terms of subsection (1) to have in his or her possession a removal certificate, an inspection of such certificate, and upon such demand the person having possession of such certificate shall produce it for inspec- tion to the person making the demand.
(4) No person who is or was employed by an owner or occupier of any land shall remove any stock or produce owned by him or her or under his or her control from any land owned or occupied by such owner or occupier unless he or she is in possession of a document furnished by such owner or occupier, the agent of such owner or occupier, or a policeman on a date not more than seven days before the removal, which date shall be stated in the document, giving a description of such stock or produce and certifying that he or she was to the best knowledge and belief of the person furnishing the document entitled to remove such stock or produce on the said date.
(5) Any owner or occupier of land, or any agent of such owner or occupier, shall, when requested to do so by any person who is or was in the employ of such owner or occupier and who is in possession on land owned or occupied by such owner or occupier of any stock or produce which he or she desires to remove therefrom, forthwith furnish him or her with any document which he or she may require in terms of subsection (4).
(6) Any person who has obtained a document re- ferred to in subsection (4) shall retain it in his or her possession for a period of at least one year.
(7) Any justice of the peace, policeman, or owner, lessee or occupier ofland may within the period referred to in subsection (6) demand an inspection of such document, and upon such demand the person having possession of such certificate shall produce it for inspection to the person making the demand.
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(8) Any person who -
(a) contravenes or fails to comply with any provision of this section;
(b) fails to comply with any demand made under subsection (3) or (7);
(c) wilfully makes any false statement in a removal certificate or a document furnished in terms of subsection (5); or
(d) falsely declares that he or she is the owner of stock or produce which is being driven, conveyed or transported by him or her on or along any public road,
shall be guilty of an offence.
(9) For the purposes of subsections (1), (2) and (8)(d) "owner" shall include any person who obtained stock or produce by virtue of an agreement of sale in terms of which any such person does not become the owner of such stock or produce merely by virtue of the delivery to him or her of such stock or produce.
Arrest and search without warrant.
9. (1) Subject to the provisions of Article 11(2) and (3) of the Namibian Constitution, any person may, without warrant, arrest any other person upon reasonable sus- picion that such other person has committed the offence referred to in section 2 or 4.
(2) Whenever any justice of the peace, policeman, or owner, lessee or occupier of land has reasonable grounds for suspecting that any person has in or under any receptacle or covering or in or upon any vehicle any stock or produce in regard to which an offence has been committed under this Act, such justice of the peace, policeman, owner, lessee or occupier may in any case where delay in obtaining a warrant to search any such receptacle, covering or vehicle carries with it the danger of prejudicing the objects of the search and if -
(a) such search is related to the objectives ofthis Act;
(b) such search is not excessively intrusive in the light of the offence; and
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(c) such person is informed of the objectives of the search,
without warrant search such receptacle or vehicle and remove such covering, and if such justice of the peace, policeman, owner, lessee or occupier thereupon finds any stock or produce in regard to which he or she reasonably suspects an offence to have been committed, he or she may, subject to the provisions of Article 11(2) and (3) of the Namibian Constitution, without warrant arrest such person and seize such vehicle or receptacle and shall as soon as possible conveyor bring such person and the stock or produce so found and the vehicle or receptacle so seized to a police station or charge office, as the case may be.
(3) To the extent that the provisions of this section authorize the interference with the privacy of a person's home or the deprivation of the personal liberty of such person by conducting any search or making any arrest under those provisions, as the case may be, such inter- ference or deprivation shall be deemed to be authorized -
(a) in the case of such interference, on the grounds of the prevention of crime and the protection of the rights of others as contemplated in Article 13(1) of the Namibian Constitution; or
(b) in the case of such deprivation, on the grounds of the procedures established under this section within the meaning of Article 7 of that Con- stitution.
Malicious arrest and search.
10. (1) Any person who, purporting to act under this Act, wrongfully and maliciously or without probable cause arrests or seizes the property of or under the control of any other person or effects any search, shall be guilty of an offence.
(2) Nothing in this section contained shall be con- strued as taking away or diminishing any civil right or liability in respect of a wrongful or malicious arrest.
Verdicts on a charge of 11. (1) Any person who is charged with the theft of theft of stock or produce. stock or produce may be found guilty of -
(a) the theft of or an attempt to commit the theft of such stock or produce; or
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Act applicable in all cases where charge is one of theft of stock or produce.
Trial only at the instance of the Prosecutor-Gene- ral.
Jurisdiction of magi- strates' courts in respect of penalties.
(b) receiving such stock or produce knowing the same to have been stolen; or
(c) inciting, instigating, commanding or conspiring with or procuring another person -
(i) to steal such stock or produce; or
(ii) to receive such stock or produce; or
(d) knowingly disposing of, or knowingly assisting in the disposal of, stock or produce which has been stolen or which has been received with knowledge of it having been stolen; or
(e) contravening section 2 or 3.
(2) Any person charged with the theft of stock or produce belonging to a particular person may be found guilty of any of the offences mentioned in subsection (1), notwithstanding the fact that the prosecution has failed to prove that such stock or produce actually did belong to such particular person.
12. The provisions of this Act shall apply in every case where an accused is indicted, summoned or charged in respect of the theft of stock or produce, notwithstanding the fact that this Act is not referred to in the indictment, summons or charge.
13. No trial for an offence under this Act shall be instituted without the written authority given personally by the Prosecutor-General.
14. Notwithstanding anything to the contrary in any other law contained, magistrates' courts shall have juris- diction to impose -
(a) in the case of a first conviction for any offence referred to in paragraph (a), (b), (c) or (d) of subsection (1) of section II -
(i) imprisonment for a period not exceeding ten years; or
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(ii) a fine not exceeding R20 000; or
(iii) both such fine and such imprisonment;
(b) in the case of a second or subsequent conviction for any such offence, imprisonment for any not exceeding period twenty years.
Penalty where not other- wise provided for.
15. Any person who is convicted of an offence under this Act for which no penalty is otherwise provided shall be liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
Previous convictions. 16. On any conviction for an offence under this Act, a conviction for a corresponding offence under any law repealed by section 22( 1) of this Act, shall be deemed to be a previous conviction under this Act.
Compensation for da- mage to or loss of stock or produce.
17. Whenever the court convicts any person of an offence referred to in section 11(1) (a), (b), (c) or(d) which has caused damage to or loss of stock or produce -
(a) the court shall direct the attention of the owner thereof, if he or she is present in court, to the provisions of section 300 of the Criminal Pro- cedure Act, 1977 (Act 51 of 1977);
(b) the court, in the case of a magistrates' court, may, notwithstanding the provisions of paragraph (a) of the proviso to subsection (1) of the said section 300, make in accordance with the provisions of the said section 300 an award not exceeding RIO 000.
Establishment of Special Stock Theft Unit. 18. The Inspector-General may, for the better pre-
vention and combat of stock theft, establish a Special Stock Theft Unit consisting of members of the Police Force in Namibia.
Regulations. 19. The Minister may make regulations as to -
(a) the particulars to be stated in regard to stock in the document of identification referred to in section 6;
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Provisions of Act may be made applicable in respect of farm produce not men- tioned in definition of produce.
Application of sections 5,6,7 and 8.
Repeal of Ordinance II of 1935 and Act 23 of 1985, and saving.
(b) the particulars to be stated in regard to stock or produce in the removal certificate referred to in section 8; and
(c) any other matter which in terms of any provision of this Act the Minister may deem necessary or expedient to prescribe in order that the purposes of this Act may be achieved.
20. (1) The Minister may by notice in the Gazette declare that any or all of the provisions of this Act relating to produce shall also apply, either generally or in any area specified in the notice or any area other than an area so specified, in respect of any such class of farm produce not mentioned in the definition of "produce" in section 1as is specified in the notice.
(2) The Minister may in like manner amend or repeal any such notice.
21. (1) The Minister may by notice in the Gazette exclude from the operation of any or all of the provisions of sections 5, 6, 7 and 8 -
(a) any area specified in the notice or any area other than an area so specified; or
(b) any stock or produce or class of stock or produce either generally or in respect of any area specified in the notice or any area other than an area so specified.
(2) The Minister may by notice in the Gazette, and on such conditions as he or she deems fit, exempt any person or class of persons specified in the notice, either generally or under such circumstances or in respect of such stock or produce or class of stock or produce as may be specified in the notice, from compliance with any or all of the provisions of sections 5, 6, 7 and 8.
22. (1) Subject to the provisions of subsection (2), the Stock Theft Law Amendment Ordinance, 1935, and the Stock Theft Law Amendment Act, 1985, are hereby repealed.
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Short title.
(2) Notwithstanding the repeal of any law by sub- section (l), such law shall, for the purposes of any charge in any criminal proceedings for any offence which any person has, before the commencement of this Act, committed and any penalty in relation thereto, remain in force as if the provisions of this Act had not been passed.
23. This Act shall be called the Stock Theft Act, 1990.
