Abattoir Industry Act, 1976
Act 54 of 1976
- Published in South African Government Gazette no. 5077 on 9 April 1976
- Assented to on 29 March 1976
- Commenced on 1 February 1977 by Proclamation of 1977
- [This is the version of this document from 9 April 1976 and includes any amendments published up to 6 October 2022.]
1. DefinitionsIn this Act, unless the context otherwise indicates -“abattoir” means a place where animals are slaughtered or are intended to be slaughtered and includes all facilities which normally appertain or are attached to such a place, whether or not such facilities are situated at the same place as such place;“account books” includes accounts, deeds, records, writings and other documents;“animal” means any member of any of the following kinds of animals, namely, cattle, donkeys, goats, horses, mules, pigs or sheep, of any age, or any member of any other kind of animals in respect of which the State President may by proclamation in the Gazette apply the provisions of this Act: Provided that a karakul lamb which is slaughtered mainly to obtain its pelt shall not be deemed to be an animal for the purposes of this Act;“authorized operator” means any person who by virtue of a right granted in terms of the scheme performs a service, but does not include, except for the purposes of sections 22 and 32 a person who by virtue of such right slaughters animals at an abattoir;“Board” means the Livestock and Meat Industries Control Board referred to in the scheme;“calf” means a bovine animal of which no portion of the backmost components of the fourth molar in the upper jaw has penetrated the gum;“close”, in relation to an abattoir, means to discontinue using the abattoir for the slaughter of animals, or to discontinue allowing the abattoir to be used for the slaughter of animals, and “closure”, in relation to an abattoir, has a corresponding meaning;“code” means the code published in terms of section 26;“Commission” means the Abattoir Commission established by section 2;“Corporation” means the South African Abattoir Corporation established by section 44;“Department” means the Department of Agricultural Economics and Marketing;“director” means a director of the Corporation;“equipment” means any apparatus, implement or instrument, of any kind, used or intended to be used in the performance of a service;“erect”, in relation to an abattoir, includes to equip, fit out or prepare a place for the slaughter of animals, and “erection” has a corresponding meaning;“fixed equipment” means any equipment attached to the land taken up by an abattoir or to a building or structure which forms part of an abattoir;“inspector” means a person designated in terms of section 31(1) as an inspector;“local authority” means any institution or body contemplated in section 84(1)(f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961);[The Republic of South Africa Constitution Act 32 of 1961 was South Africa's constitution from 1961 to 1984. Although this Act had implications for South-West Africa, it does not appear to have been directly applicable as a law of South West Africa. It was repealed on 3 September 1984 by the Republic of South Africa Constitution Act, 1983, although some provisions relating to provincial government were retained under the new name of the Provincial Government Act 32 of 1961. Local authorities in Namibia are governed by the Local Authorities Act 23 of 1992.]“Minister” means the Minister of Agriculture;“operator” means a person, other than the owner of an abattoir, who carries on a business for his own account and who for the purposes of such a business uses an abattoir to perform a service;“owner”, in relation to an abattoir, means the person in whom the ownership of the abattoir is vested or, in the case of any abattoir in respect of which the right of general control is vested in a person other than the person in whom the ownership is vested, that other person;“prescribed” means prescribed by regulation;“proclaimed area” means any area which the State President may from time to time by proclamation in the Gazette declare to be a proclaimed area for the purposes of this Act;“product” any portion of a slaughtered animal including any object derived from such portion through processing;“regulation” means a regulation made in terms of this Act;“scheme” the Livestock and Meat Control Scheme promulgated by Proclamation No. 200 of 1964;“Secretary” the Secretary of the Department;“service” means any act performed at an abattoir (a)in connection with the acceptance, keeping or care of animals intended to be slaughtered at such abattoir;(b)in connection with the slaughter of animals at such abattoir;(c)in connection with the treatment, processing, keeping or sale of products at such abattoir;(d)by an authorized operator in connection with the application of the scheme at such abattoir;(e)in connection with the management and conduct of such abattoir;“slaughter”, in relation to an animal, means to kill with the intention of using the products derived from the animal for consumption by human beings or animals;“special account” means the special account referred to in section 29;“the territory” means the territory of South West Africa;“this Act” includes the regulations;“unit” means one head of cattle, or one horse, or one mule, or one donkey, or fifteen sheep or goats or sheep and goats together, or five pigs or three calves.
Control of Abattoirs
2. Establishment and object of Abattoir Commission
3. Functions and powers of Commission
4. Constitution of Commission
5. Period of office and remuneration of members of Commission
6. Appointment of temporary member of Commission
7. Vacation of office by members of Commission and filling of vacancies
8. Chairman and acting chairman
9. Meetings and decisions of Commission
10. Prohibition of unauthorized erection of abattoir in proclaimed area
11. Application for approval to erect abattoir in proclaimed areaEvery application for approval to erect an abattoir in a proclaimed area shall be made to the Minister in the prescribed manner and shall be accompanied by the prescribed amount and particulars and such other particulars as may be required by the Minister in connection therewith.
12. Procedure in connection with application for approval
13. Prohibition of unauthorized alterations of abattoir in in proclaimed area[The word “in” is repeated in this heading.]
14. Prohibition of use of abattoir in certain manner
15. Certain notices to be displayed at abattoir
16. Minister may direct closure of abattoir in certain circumstances
17. Compensation payable in case of compulsory closure of abattoir
18. Closure of certain abattoir prohibited unless notice is given to Minister
19. Powers of Minister in case of closure or intended closure or disposal of certain abattoir
20. Erection of abattoir by Corporation or by local authority or person with whom Minister has concluded agreement
21. Fixing of certain tariffs by Minister
22. Orders by Minister
23. Compensation payable in case of certain orders
24. Circumstances which may be used by Minister as basis for definition of classes of abattoirsWhere a power is conferred upon the Minister by this Act to define classes of abattoirs, any of the following circumstances relating to an abattoir may be used as a basis for the definition -
25. Prohibition of certain agreements
29. Special account
30. Utilization of special account
32. Responsibilities and powers of owner of abattoir
33. Consultation by MinisterThe Minister shall not take any decision -
34. Minister may assign certain functions to Board or Corporation
36. Preservation of secrecyNo person shall disclose any information obtained by him in the exercise of his powers, the performance of his functions or the carrying out of his duties in terms of this Chapter, except -
37. Offences and penaltiesAny person who -
38. Proof of certain facts, and special defence
39. Act or omission of manager, agent or employee
40. Additional finesWhenever a person is convicted of an offence referred to in section 37(f) the court convicting him shall, in addition to any punishment imposed in respect of that offence, forthwith give judgment against that person and in favour of the Minister, for the benefit of the special account, for the amount the court finds is due to the Minister by that person, and such judgment may be executed in the same manner as if it had been pronounced in the course of civil proceedings.
41. Jurisdiction of magistrate’s courtNotwithstanding anything to the contrary in any other law contained, a magistrate’s court shall have jurisdiction to impose any penalty prescribed by this Act or to make any order provided for by this Act.
42. Exclusion of areas, abattoirs or animals and exemption of persons
43. Exclusion of certain abattoirsThe provisions of this Chapter shall not apply in respect of any abattoir where animals are slaughtered exclusively by or on behalf of the owner of such abattoir, provided -
South African Abattoir Corporation
44. Establishment of South African Abattoir CorporationThere is hereby established a juristic person to be known as the South African Abattoir Corporation.
45. Objects of Corporation
46. Functions and powers of CorporationThe functions of the Corporation shall be to endeavour to achieve the objects for which it is established with all the means at its disposal, and for the purpose of achieving those objects the Corporation may, subject to the provisions of this Act -
47. Board of directors of Corporation
48. Period of office and remuneration of directors
49. Vacation of office by directors and filling of vacancies
50. Chairman and acting chairman
51. Managing director
52. Vacation of office by managing director
53. Meetings and decisions
54. Minister or designated officer may attend meetings of board of directorsThe Minister or any officer in the service of the State designated for this purpose by the Minister, may attend any meeting of the board of directors but shall not be entitled to take part in the proceedings at such meeting or to vote.
56. Interest of director in certain contract to be disclosed
57. InsuranceThe Corporation may provide insurance cover -
58. Acquisition or hire of abattoir by Corporation
59. Expropriation of certain abattoir by Minister for benefit of Corporation
60. Erection of abattoir by Corporation
61. Expropriation of land for extension of abattoirs and certain other purposesThe Minister may for the benefit of the Corporation or any other person expropriate land which is required -
62. Application of certain provisions of the Expropriation Act, 1975
63. Fees, duties and other charges to be paid in respect of expropriationIn respect of the expropriation of any abattoir or land in terms of section 59, 60 or 61 there shall be payable by the Corporation or, in the case of an expropriation for the benefit of another person, such person, such fees, duties (except transfer duty) and other charges as would have been payable if the Corporation or such person had purchased such abattoir or land.
64. Inspection of abattoir or land for purposes of expropriation
66. Annual financial statements
67. Financial year of CorporationThe financial year of the Corporation shall terminate on 30 June in each year.
69. Annual reportThe Corporation shall within six months after the end of its financial year submit to the Minister a report on its activities during that financial year in both official languages of the Republic.
70. Tabling of annual financial statements and annual reportAnnual financial statements submitted to the Minister in terms of section 66 and the annual report submitted to him in terms of section 69, shall be laid upon the Table by the Minister in the Senate and in the House of Assembly within fourteen days after receipt thereof, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after commencement of its first ensuing ordinary session.
71. Delegation of powers by Minister
72. Limitation of liabilityThe State and its employees, the Minister, the members of the Commission, the Corporation, its directors and employees or any inspector shall not be liable in respect of anything done in good faith under the provisions of this Act.
73. Serving of order, notice, direction or other documentUnless another method is prescribed, any order, notice, direction or other document issued in terms of this Act shall be served -
74. Defect in form not to invalidate any notice, direction or orderNo defect in the form of any notice or direction given or order made in terms of this Act shall render unlawful any administrative action or be a ground for exception to any legal proceedings which may be taken in the matter to which such notice, direction or order relates, provided the requirements or meaning thereof are substantially and intelligibly set forth.
75. Application of Act in South West AfricaThis Act and any amendment thereof shall apply also in the territory, including the Eastern Caprivi Zipfel.
76. Repeal of laws and saving
77. Amendment of section 9 of Act 40 of 1949, as amended by section 3 of Act 31 of 1953, section 12 of Act 80 of 1959, section 3 of Act 70 of 1963, section 3 of Act 77 of 1964, section 1 of Act 81 of 1965, section 7 of Act 103 of 1969, section 2 of Act 89 of 1972, section 3 of Act 66 of 1973 and section 5of Act 88 of 1974Section 9(1) of the Transfer Duty Act, 1949, is hereby amended by the substitution for paragraph (bC) of the following paragraph:“(bC) the South African Abattoir Corporation established by section 44 of the Abattoir Industry Act, 1976, in respect of property acquired by it for abattoir purposes;”.
78. Short title and commencementThis Act shall be called the Abattoir Industry Act, 1976, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
History of this document
01 February 1977
09 April 1976 this version
Published in South African Government Gazette number 5077
29 March 1976
Cited documents 4
Documents citing this one 7
- Executive Powers (Agricultural Economics and Marketing) Transfer Proclamation, 1977
- Local Authorities Act, 1992
- Namibia Government Gazette dated 1992-08-31 number 470
- Namibia Government Gazette dated 1993-08-25 number 697
- Namibia Government Gazette dated 2001-05-03 number 2522
- Namibia Government Gazette dated 2023-01-31 number 8020
- Transfer Duty Act, 1993