Section 8 regulates the driving, conveying or transporting of stock or produce on or along public roads.
No person shall drive, convey or transport any stock or produce of which he is not the owner on or along any public road unless he has in his possession a certificate (hereinafter called a removal certificate) issued to him by the owner of such stock or produce or the duly authorised agent of such owner.
No person shall drive, convey or transport any stock or produce that does not belong to them, on or along any public road, without a removal certificate issued to them by the owner of the stock or produce or the duly authorised agent of the owner.
Owner also means a person who acquired stock or produce through a sales agreement, but who does not become the owner of such stock or produce just because it was delivered to them.
Requirements of removal certificates [section 8(1)(c)]
The removal certificate must contain the following information:
- name and address of the person who issued the certificate
- name and address of the owner of such stock or produce
- the place from where and the place to which such stock or produce is being driven, conveyed or transported
- name of the driver, conveyer or transporter
- date of issue of the certificate and if applicable, the registration number, model and make of the vehicle with which the stock or produce is being conveyed or transported.
In accordance with the Stock Theft Act such a removal certificate must in practice contain the following information of the stock:
- the breed or type of stock
- the number traded and the brand, tattoo or any other identification mark
- the sex, number and colour of the stock if it is not marked in the prescribed manner or the mark is not registered under any law.
The stipulations are not applicable to stock or produce driven, conveyed or transported with the permission of the owner thereof or a duly authorised agent on or along part of a public road going through land belonging to the owner or agent or occupied by such person.
An owner of stock or produce may not permit another person to drive or convey stock or produce on or along a public road without furnishing such a person with a removal certificate.
Retaining and releasing of removal certificate
The person to whom a removal certificate has been issued, must retain such document for a period of at least one year. The person in possession of such a document must, within the one-year period, make it available or present it to a person requesting to see it.
Offences in terms of section 8
A person driving or conveying stock without a removal certificate, as well as the owner permitting it, commits an offence.
Any person contravening a stipulation of the Act, failing to make the removal certificate available on request, purposely providing false information in the removal certificate or falsely claiming to be the owner of stock or produce being driven, conveyed or transported on or along a public road, is guilty of an offence.
The stipulations of sections 6 and 8 of the Stock Theft Act have a specific purpose in the red meat industry, namely to decrease and minimise stock theft. The Act is, however, not limited to these two sections and producers are advised to study the whole Act, including the sections dealing with aspects such as trespassing