Weeds Ordinance, 1957
Ordinance 19 of 1957
- Published in Official Gazette 2087 on 18 June 1957
- Assented to on 7 June 1957
- Commenced on 18 June 1957
- [This is the version of this document from 18 June 1957 and includes any amendments published up to 1 December 2023.]
1.The Administrator may by proclamation in the Official Gazette and in so far as land mentioned in subsection (1) of section four of Act 56 of 1954 is concerned, after consultation with the Minister of Native Affairs, declare any plant to be a weed for the purposes of this Ordinance, either throughout the Territory or in one or more areas therein, and may repeal or amend any such proclamation.[Act 56 of 1954 is the South West Africa Native Affairs Administration Act, which was repealed by the Communal Land Reform Act 5 of 2002.]
6.A magistrate’s court shall have jurisdiction to determine any action for the recovery from an occupier or owner of land within the area of its jurisdiction, of any costs incurred in respect of such land under sub-section (1) of section four or paragraph (a) of sub-section (1) of section five or of any advance made to such occupier or owner under paragraph (b) of the lastmentioned sub-section or any amount to be paid by such occupier or owner in consideration of assistance rendered under that paragraph, in connection with the eradication of any weed upon such land, notwithstanding anything contained in section twenty-seven of the Magistrate’s Courts Proclamation, 1935, (Proclamation 31 of 1935), and whether or not such costs, advance or amount exceeds the amount ordinarily within the jurisdiction of a magistrate’s court.[Section 27 of the Magistrate’s Courts Proclamation of 1935 was repealed by the Magistrates’ Courts Ordinance 29 of 1963, which was replaced by the Magistrates’ Courts Act 32 of 1944.]
10.A local authority may incur such expenditure as may be necessary for the purpose of eradicating any weed which such local authority, as the occupier or owner of the land upon which it is growing, is required by or under this Ordinance to eradicate.
11.In this Ordinance, unless inconsistent with the context -“eradicate” in relation to any weed means to destroy such weed in such a manner that neither the weed nor any seed nor other portion thereof remains in a viable condition;“occupier” in relation to land, means any person who is a fiduciary, usufructuary, lessee or sub-lessee under a contract which has at least five years to run, or a purchaser who has not yet taken transfer, or in the case of a native reserve, or of land occupied solely by natives or of a commonage which is not under the control of any person, such person or persons as may be prescribed by regulation or in respect of such portion of any land as is under cultivation, the person who cultivates that portion, and of such portion of any land as has been under cultivation, the person who is entitled to cultivate that portion;“officer” means any policeman and any officer of the Agricultural Branch of the Administration and includes any other person acting under the general or special authority of the Administrator;“owner” in relation to land, means the person in whose name the land is registered, and if there is no such person, then the person who has the control of the land or who is entitled to the use thereof;“local authority” means any municipality or village management board;“policeman” means any member of a police force established under any law;“weed” means any plant which is, in terms of a proclamation of the Administrator under section one, a weed for the purposes of this Ordinance.
12.This Ordinance shall be called the Weeds Ordinance, 1957.
History of this document
18 June 1957 this version
07 June 1957