Karakul Sheep-farming Industry Protection Proclamation, 1930 (Proclamation 31 of 1930)

Offficial Gazette no. 388
This is the latest version of this legislation.
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Karakul Sheep-farming Industry Protection Proclamation, 1930

Proclamation 31 of 1930

  • Published in Offficial Gazette no. 388 on 15 October 1930
  • Assented to on 4 October 1930
  • Commenced on 1 November 1930
  • [Up to date as at 6 November 2020]
  1. [Amended by Karakul Sheep-farming Industry Protection Amendment Ordinance, 1938 (Ordinance 11 of 1938) on 28 April 1938]
  2. [Amended by Karakul Sheep-farming Industry Protection Amendment Proclamation, 1951 (Proclamation 24 of 1951) on 1 June 1951]
  3. [Amended by Karakul Sheep-farming Industry Protection Amendment Ordinance, 1952 (Ordinance 25 of 1952) on 18 June 1952]
[applied to the Rehoboth Gebiet from 6 May 1963 by the Rehoboth Gebiet (Extension of Laws) Proclamation 30 of 1963 (OG 2474)]PROCLAMATION[This Proclamation has no long title.]Given under my Hand and the Great Seal of the Union of South Africa at Pretoria this Thirteenth day of September One thousand Nine hundred and Thirty.ATHLONE,Governor-General.By Command of His Excellency the Governor-General-in-Council.C. W. MALAN.
WHEREAS it is desirable for the protection of the Karakul sheep-farming industry to make provision for the control of the export of Karakul sheep capable of breeding;NOW THEREFORE, under and by virtue of the powers vested in me, I do hereby proclaim, declare and make known as follows:-

1. Repeal of Ordinance No. 11 of 1929

The Karakul Sheep-farming Industry Protection Ordinance, 1929 (Ordinance No 11 of 1929) is hereby repealed.

2. Definition

In this Proclamation the expression “Karakul sheep” means a sheep the appearance of which indicates that it is descended wholly or partly from Karakul ancestors. The expression includes lambs but does not include wethers.

3. Prohibition of export of Karakul sheep except under permit

(1)The Senior Veterinary Officer may authorise by way of a written permit the export from this Territory of Karakul sheep, and may insert in such permit such conditions as he may deem fit.
(2)Any person who exports from this Territory any Karakul sheep save under the authority of a permit issued in terms of sub-section (1) hereof, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred pounds, or, in default of payment, to imprisonment for a period not exceeding three years, or to such imprisonment without the option of a fine, as well as to forfeiture of the sheep forming the subject of the offence.[A fine not exceeding five hundred pounds is equivalent to a fine not exceeding N$1000.]
(3)Any person failing to comply with any conditions in a permit issued in terms of sub-section (1) hereof, shall be deemed to have exported Karakul sheep from the Territory without such permit.[section 3 amended by Ord. 11 of 1938 and substituted by Proc. 24 of 1951]

4. Penalty for false representations

Any person who knowingly makes any false representation in support of an application for the issue of any such permit shall be guilty of an offence and liable on conviction to the penalties prescribed by law for the crime of perjury.

5. Provisions of laws for prevention of stock deseases not affected

[The word “diseases” is misspelt in the Official Gazette, as reproduced above.]A person to whom a permit has been issued under the provisions of this Proclamation shall not thereby be absolved from compliance with the provisions of any law for the prevention of disease amongst stock.

5bis.

Any person who is found in possession of Karakul sheep under circumstances indicating an intention to export such sheep in contravention of the provisions of this Ordinance, and who is unable to give a satisfactory account of such possession, shall be guilty of an offence, and liable on conviction to the penalties specified in section three.[section 5bis inserted by Ord. 11 of 1938, without any heading]

5ter.

(1)Whenever a seller of Karakul Pelts or his agent advertises or publishes in any manner whatever the average price received for such Karakul pelts sold at any sale, he shall in addition advertise or publish at least the average price received for pelts of each class of pelt mentioned hereunder:-(a)Extra large curl;(b)Large curl;(c)Medium curl;(d)Small curl;(e)Extra small curl;(f)Broad tail and Moiré, and[This paragraph should end with a semicolon rather than a comma.](g)Broad flat and kid.
(2)Any seller of Karakul pelts or his agent who, advertises or publishes in any manner whatever the average price received for any Karakul pelts sold at any sale, fails in addition to advertise or publish the average price received for pelts of each class of pelt as provided in sub-section (1) shall be guilty of an offence and liable on conviction to a fine not exceeding £50 or in default of payment to imprisonment, with or without hard labour, for a period not exceeding 6 months.[Section 5ter is inserted by Ord. 25 of 1952, without any heading.][A fine of £50 is equivalent to a fine of N$100.]

6. Short title and commencement

This Proclamation may be cited for all purposes as the Karakul Sheep-farming Industry Protection Proclamation, 1930, and shall commence and come into operation on the first day of November, 1930.GOD SAVE THE KING.Given under my hand and seal at Windhoek this 4th day of October, 1930.A. J. WERTH,Administrator.