FIRST SCHEDULE
To ……………………OwnerAgent for the owner of farmAddress ……………………Notice of intention to fence
Take notice in terms of section six of the Fencing Proclamation 1921, that I desire to have a fence erected along the boundary line of my farm …………………….. No. …….…… and your farm ………………………...… No. …………. The work will be commenced on or about the …………..….. day of ………..………….. 19 ……… in accordance with the specification hereunder appended, and I request that you will inform me whether it is your intention to contribute either labour or material, or both, towards this fencing.If no reply or objection to the proposed specification reaches me within one month after the date of this notice the work will be proceeded with in the usual manner.Date …………………. (Signature) ……………………OwnerAgent forSPECIFICATION
(1)Height of fence ………… feet ………… inches;(2)No. of wires: barbed,No. of wires: plain,(3)Distance apart of wires in inches from ground upwards.(4)Nature of straining posts.(5)Distance apart of straining posts, yards.(6)Nature of standards,(i.e.) Stone poles, iron standards, lbs, wooden posts (minimum diameter in inches) etc.(7)Distance apart of standards, yards.(9)Distance apart of droppers, feet.(10)No. of gates single.No. of gates double.(11)Remarks: If necessary further explaining construction of fence, etc.(12)Length of proposed fence, yards.(13)Estimated cost, including erection, £OwnerAgent for
SECOND SCHEDULE
(1)Each owner who is a party to the dispute may serve on the other owner a notice in writing stating that he desires the matter in dispute to be determined by a board appointed in accordance with and having the powers set out in this Schedule.(2)The board shall consist of three members, not being related to any of the parties, appointed as in this Schedule provided, unless the two owners mutually agree that one person shall determine the matter and further agree as to who that one person shall be. That person shall have all the powers by this Schedule conferred upon the board.(3)In default of such agreement each such owner shall, within fourteen days after the date of the notice aforesaid, nominate one person as a member of the board and shall transmit to the other owner the name and address of the person so nominated.(4)If after the expiry of the said period of fourteen days either owner has made default in complying with paragraph (3) the other owner may request -(a)the magistrate of the district in which the two holdings are situate; or if the holdings are situate in different districts,(b)the magistrate whose seat of magistracy is nearest to the place which would be the central point of the provided dividing fenceto appoint forthwith a member of the board to act in place of the person who should have been appointed by the defaulting owner. The said magistrate shall forthwith comply with that request.(5)Notice of appointment shall forthwith be transmitted by the appointing owner or appointing magistrate (as the case may be) to each member appointed as aforesaid, and the two members so appointed shall, within fourteen days after the date of such notice of appointment, nominate a third person to be a member of the board.(6)If at the expiry of the last-mentioned period of fourteen days the said two members have made default in agreeing upon a third member, the magistrate aforesaid shall, at the request of either owner, appoint a third member. Notice of the appointment shall forthwith be transmitted to the third member by one or other of the appointing owners or by the appointing magistrate (as the case may be).(7)The board shall proceed to determine the matter in dispute as soon as possible after the third member has received his notice of appointment.(8)The third member shall be chairman of the board and shall summon all meetings of the board(9)The board shall have power to summon and hear witnesses, to administer oaths to witnesses, to call for the production of papers and documents and to enter upon and inspect either holding or any adjacent holding for the purpose of determining the matter in dispute.(10)The decision of the majority of the board shall be the decision of the board and shall be binding upon both owners.(11)(1) The board shall have power to award to either owner as against the other owner the costs of, and incidental to, the determination of the matter, including the remuneration of and reasonable expenditure by the board.(2)The Administrator shall from time to time fix the daily remuneration payable to a member of the board.(12)Any decision of the board, including any decision as to costs, may be enforced in the same manner and by the same persons as a judgment or order of the magistrate’s court of the district is enforced.(13)For the purposes of carrying out any of the powers of the board and for the purpose also of allowances to witnesses the law for the time being in force relating to magistrates’ courts shall, save where other special provision is made in this Schedule, mutatis mutandis apply.(14)Any costs awarded by the board may be taxed on the request of the owner against whom the award was made, by the clerk of the magistrates’ court of the district, in accordance with the law in force therein, relating to magistrates’ courts***Fencing Law Amendment Ordinance 4 of 1928
ORDINANCETo amend the law relating to the erection of dividing fences between adjoining properties.(Assented to 1st June, 1928)(Afrikaans text signed by the Administrator)BE IT ORDAINED by the Legislative Assembly for the Territory of South West Africa as follows:-1. Interpretation of terms
(1)In this Ordinance -“the principal law” means the Fencing Proclamation, 1921 (Proclamation No. 57 of 1921), as amended by the Fencing Proclamation Amendment Proclamation, 1923 (Proclamation No. 13 of 1923), the Fencing Proclamation Amendment Proclamation, 1925 (Proclamation No. 18 of 1925), and the Fencing Proclamation Further Amendment Proclamation, 1925 (Proclamation No. 28 of 1925);“prior owner” means -(a)if the transferor is an executor or a curator bonis or a trustee or assignee under the law relating to insolvency, or a liquidator of a company, the person or company whose property such transferor is administering; or(b)if a transfer is passed in execution of the judgment of a competent court, the judgment debtor; or(c)in the case of cession of the lease of the area of land comprising a holding such as is described in paragraph (b) of the definition of “holding” contained in section two of the principal law, the cedent; or(d)in the case of cancellation of the lease or allotment of the area of land comprising a holding such as is described in the said paragraph, the lessee or the person to whom the holding was allotted (in this case the Administration shall be deemed to be the transferee of the holding); or(e)in all other cases the transferor.(2)Any expression to which in the principal law a meaning has been assigned has, when used in this Ordinance, the same meaning.2. Amendment of section six of Proclamation No. 57 of 1921
Section six of the principal law is hereby amended by the deletion of the words “at the commencement of this Proclamation or” and the words “in either case” occurring in sub-section (4) of that section.3. Transfer of obligations to pay and rights to claim contributions towards cost of dividing fences
(1)Whenever a holding is transferred, every obligation of the prior owner in respect of the cost of any dividing fence between such holding and any other holding, imposed upon such prior owner in terms of the principal law, read with this Ordinance, shall be deemed to be transferred to the transferee, and the prior owner shall thereupon cease to be bound by any such obligation.(2)Whenever a holding is transferred, every right of the prior owner to claim a contribution towards the cost of a dividing fence between such holding and any other holding conferred upon him in terms of the principal law, read with this Ordinance, shall be deemed to be transferred to the transferee, and the prior owner shall thereupon cease to be invested with any such right.(3)The transfer of an obligation or of a right in terms of sub-section (1) or sub-section (2) shall not affect the validity of any obligation or any right collateral thereto, and any such collateral obligation or right shall in all respects be deemed to apply to and subsist in respect of the obligation or right transferred.(4)The provisions of this section shall not apply in respect of a transfer made pursuant to any contract entered into prior to the commencement of this Ordinance.(5)A holding shall, for the purposes of this section be deemed to be transferred if, in the case of a holding such as is described in paragraph (a) of the definition of “holding” contained in section two of the principal law, the land comprising the holding is transferred in the Deeds Registry, or if, in the case of a holding such as is described in paragraph (b) of the said definition, a cession of the lease or allotment of the area of land comprising the holding is registered in the Deeds Registry, or the lease or allotment is cancelled in the Deeds Registry.(6)Notwithstanding anything in section forty-one of the principal law contained, the obligation referred to in sub-section (1), or the right referred to in sub-section (2), as the case may be, shall, whenever a holding is transferred to the Administration of the Mandated Territory of South West Africa or the Railway Administration, as defined in the said section, be transferred from the prior owner to, and be binding upon or vest in the Administration of the said Mandated Territory or the Railway Administration, as the case may be:Provided that where a lease or allotment of the area of land comprised in a holding such as is described in paragraph (b) of the definition of “holding” contained in section two of the principal law has been cancelled in the Deeds Registry, and that area of land is re-allotted or re-let, with an option to purchase such area, and the instrument of lease or allotment is registered in the Deeds Registry, the obligation referred to in sub-section (1) or the right referred to in sub-section (2) transferred to the Administration of the Mandated Territory of South West Africa in terms of this section shall be deemed to be transferred to and to be binding upon the person in whose favour the instrument of lease or allotment is so registered, and thereupon the provisions of this section shall apply.4. Persons acquiring holdings from Administration of Mandated Territory or from Railway Administration to be liable to contribute to cost of dividing fences existing thereon
Whenever the owner of a holding has erected a dividing fence separating that holding from adjoining land belonging to the Administration of the Mandated Territory of South West Africa or the Railway Administration, as defined in section forty-one of the principal law, and such adjoining land thereafter becomes a holding, as defined in section two of the principal law, held by a person other than the Administration of the said Mandated Territory or the said Railway Administration, the provisions of section six of the principal law shall apply mutatis mutandis in respect of such dividing fence, provided the fence is in good order.5. How contributions in certain cases to be calculated
Whenever the owner of a holding becomes liable under the provisions of section four of the principal law, or of sub-section (4) of section six of the principal law, as amended by section two of this Ordinance, or of sub-section (5) of section six of the principal law, or of section four of this Ordinance, to contribute towards the cost of a dividing fence separating his holding from an adjoining holding, such contribution shall be calculated upon the value of the fence at the date when he so becomes liable.6. Not more than half cost of a dividing fence to be recoverable
Nothing in the principal law or this Ordinance contained shall be construed as giving to the owner of a holding who has erected a dividing fence separating his holding from any other holding, or to the successor or successors in title of such owner, or to both such owner or his successor or successors in title, the right to recover in the aggregate more than one-half of the cost of the fence.7. Short title and date of commencement of Ordinance
This Ordinance, which shall be read as one with the principal law, may be cited for all purposes as the Fencing Law Amendment Ordinance, 1928, and shall come into operation on the first day of July, 1928.***Fencing Proclamation Amendment Ordinance 6 of 1957
ORDINANCETo amend the law concerning fencing by the extension of certain provisions of the Fencing Proclamation of 1921 (No. 57 of 1921) to jackal-proof fences and to make the erection of jackal-proof fences in certain areas compulsory.(Assented to 9th April, 1957)(English text signed by the Administrator)BE IT ORDAINED by the Legislative Assembly for the Territory of South West Africa as follows:-1.
(1)Subject to the provisions of this section contributions towards the cost of -(a)converting a dividing fence into a jackal-proof fence; or(b)erecting a jackal-proof fence as a dividing fence -shall be obligatory in any area in which such contributions are declared obligatory by the Administrator by notice in the Official Gazette, and contributions when so declared obligatory in any area shall be made as from a date to be by the said notice fixed.(2)No such notice shall be issued in respect of any area unless such area is an area wherein contributions towards the cost of a dividing fence are obligatory In terms of section five of the Fencing Proclamation 1921, hereinafter called the Proclamation.(3)Such notice may be issued by the Administrator, if he deems it expedient, whenever there has been transmitted to the Secretary of South West Africa under the circumstances described in sub-section (3) and (4) of section five of the Proclamation, a resolution recommending that such contributions be declared obligatory; and thereupon sections one, two, four, five, six, seven, eight, twenty-four, twenty-five, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-four bis, thirty-five, thirty-seven and forty of the Proclamation and the whole of Ordinance 4 of 1928 shall mutatis mutandis apply in respect of any such jackal-proof fence in the same manner as those provisions apply to dividing fences.(4)Notwithstanding anything to the contrary in any other law contained the Administrator may for the purposes of this Ordinance interpret the word “ward” mentioned in sub-sections (3) and (4) of section five of the Proclamation, as including any soil conservation district proclaimed as such in terms of section ten of the Soil Conservation Ordinance, 1952, (Ordinance 28 of 1952), in which case the procedure set out in section five of the Proclamation shall not be followed but the Administrator may, if the Soil Conservation Board established by section three of the said Soil Conservation Ordinance by resolution recommends that such contributions be declared obligatory in any soil conservation district, in which more than 75% of the holdings within such area are already fenced with jackal-proof fences, declare such soil conservation district, by notice in the Official Gazette, to be an area in which contributions towards the cost of jackal-proof fencing in terms of sub-section (1) of section one hereof shall be obligatory as from a date to be by the said notice fixed, and thereupon the sections of the Proclamation mentioned in sub-section (3) hereof shall mutatis mutandis apply in respect of any such jackal-proof fence in the same manner as those provisions apply to dividing fences.(5)Whenever the holding of an owner is within an area in which contributions towards the costs of jackal-proof fencing have been declared by the Administrator by notice in the Official Gazette to be obligatory, and such holding is separated from an adjoining holding outside such area by a dividing fence, contributions towards the cost of converting the dividing fence into a jackal-proof fence shall be obligatory on the owner of the adjoining holding.(6)Whenever the holding of any owner is outside any area in which jackal-proof fencing is obligatory and such owner erects jackal-proof fencing on his holding or portion thereof it shall not be obligatory on the owner of an adjoining holding which is separated from the first mentioned holding by a dividing fence to pay any contribution towards the cost of the erection of the said jackal-proof fence unless and until he derives beneficial use from such jackal-proof fence.2.
This Ordinance shall be called the Fencing Proclamation Amendment Ordinance 1957.