Game Preservation Proclamation (No. 33 of 1951)

PROCLAMATION 33 OF 1951 GAME PRESERVATION To amend the laws dealing with the preservation of game . and to pro vide for the preservation of other types of wild life in Basutoland. l8th June, 1951] 1. In this Proclamation. unless the context otherwise requires "game" means all animals or birds, not being domesticated. named in the Second Schedule to this Proclamation as amended from time to time in terms of section nine ; " hunt" includes shooting at. pursuing, taking, killing or wilfully disturbing game, and the taking or destruction of the eggs of birds; "royal game" means all animal s or birds. not being dom esticated, named in the First Schedule to this Proclamation as amended from time to time in terms of section nine ; "wild life sanctuary" means any area declared as such by Notice in the Gazette in terms of sub-section (1) of section eight . 2. The period from the first day of September in each year to the last day of February in the succeeding year, both days inclusive, shall be a close season within which it shall be unlawful to hunt game. 33 of 1951. Interpreta tion. Clo se seaso n for game. Licences to hunt game during open season. Penalty for hunting game during the close season or without a licence during the open season . Permit necessary in addition to licence fo r hunting royal game. Prohibition of hunting royal game without permit. Penalty for failure to produce licence or permit on lawful demand. 3. It shall be lawful for the Resident Commissioner, or any officer authorised thereto by him, to issue licences, subject to such conditions as the Resident Commissioner may in his discretion see fit to impose, to any persons authorising such persons to hunt game during tbe open season. No such licence shall be transferable, and the fee chargeable for any such licence shall be one rand for every month or part of a month during which such licence is available. It shall be in the dis cretion of the Resident Commissioner or officer authorised by him to issue such licences, to grant or refuse any application for such a licence. 4. Any person who hunts game during the close season, and, subject to the provisions of sections ten and eleven any person hunting game at any time without having in his possession a valid licence issued in terms of section three or in contravention of any condition imposed by the Resident Commissioner and endorsed thereon, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two hundred rands or, in default of payment, to imprisonment for a period not exceeding six months. 5. Subject to the provisions of section eleven it shall be necessary for any person desiring to hunt royal game to obtain a special permit from the Resident Commissioner in additi on to obtaining a licence in terms of section three. Such permit shall not be granted by the Resident Commissioner without the concurrence of the Paramount Chief, and it shall be in the discretion of the Resident Commissioner to refuse any such application or to determine the conditions subject to which such a permit may be granted. 6. No person shall at any time hunt royal game unless he is in pos session of a valid permit issued under the provisions of section five or eleven or otherwise than according to the conditions set out in such permit. Any person contravening the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three hundred rands or, in default of payment. to imprison ment for a period not exceeding twelve months . 7. It shall be lawful for the Resident Commissioner or for any District Officer within the limits of his jurisdiction or for any member of the Basutoland Mounted Police, or for any other person duly authorised thereto by the Resident Commissioner or by any District Officer within the limits of his jurisdiction , at any time to demand the production of his licence or permit by any person engaged in hunting game. or royal game or. in a wild life sanctuary. any animal or bird. and any person failing to produce such licence or permit on such de mand. shall be guilty of an olIence and liable on conviction to a fine not exceeding one hundred rands or, in default of payment. to imprison ment for a period not exceeding four month s. 8. (I) The Resident Commissioner may, after consultation with the Paramount Chief, declare by Notice in the Gazette any specified area within the Terri tory to be a wild life sanctuary. (2) No person shall within any wild life sanctuary hunt any animal or bird whether or not such animal or bird is named in either of the Schedules to this Proclamati on, and whether or not such animal or bird has been declared to be protected fauna in terms of section three of the Natural and Historical Monuments. Relics. Antiques. Fauna and Flora Proclamation(') unless he is in possession of a special permit for this purpose issued by the Resident Commissioner in terms of sec tion eleven. (3) Any person who contravenes the provisions of sub-section (2) of this section or. having obtained a special licence from the Resident Commissioner in terms of that sub-section fails to observe any of the conditions under which such permit has been granted. shall be guilty of an offence, and sha ll be liable on conviction to a fine not exceed ing one hundred rands or, in default of payment. to imprisonment not exceeding six months. 9. It shall be lawful for the High Commissioner in Council by Notice in the Gazelle to amend the Schedules to this Proclamation . 10. Notwithstanding anything to the contrary contained in this Pro clamation it shall not be necessary for any African to take out a licence such as is mentioned in section three. and none of the provisions of this Proclamation relating to such licences shall app ly to any African. I I. (I) The Resident Commissioner may issue a permit without charge to any person to hunt. kill or capture any animal or bird at any time (notwithst anding the provisions of section rwo) for the fol lowing purposes : (a) for scientific. administrative or complimentary reasons to hunt. kill or capture game or royal game; (I)Proc.40 of 1938-Title XI. B8sulo. Vol. 4-11 Wild life sanctuaries. High Com missioner may am end Schedules. Provisions relating to licences do not apply to A fricans. Free per mits for scientific. administra tive or com pli me ntary purposes. (b) to hunt , kill or capture any animal or bird in a wild life sanc tuary (i) for scientific or administra tive reasons. or (ii) when the presence of that animal or bird is detrimental to the purposes of the wild life sactuary. Such a permit shall not be granted by the Resident Commissioner without the concurrence of the Paramount Chief, and it shall be in the discretion of the Resident Commissioner to refuse any app lication for such a permit or to determine the conditions on which such a per mit may be granted. (2) It shall be lawful for any person to whom a permit has been issued in terms of this section to act in terms of such permit notwith standing anything to the contrary contained in this Proclamation . Short title. Thi s Proclamation may be cited as the Game Preservation Proclama tion. FI RST SCHE DULE ROYAL GAME English Name Bald-headed Ibis. Sacred Ibis. White Stork. Owl. Vulture. Knorhaan. Secretary Bird. Vaal Rhebuck. Rooi Rhebuck . Klipspringer. Ree dbuck. English Name Gu inea Fowl. Partridge. Sesuto Name Mokhot lo. Lehalanyane. Mokotatsie. Sephooko. Lenong. Tla laoe. "M amolangoane. Letsa. Lebele. Sekome. Motlapasi. SECOND SCHEDULE GAME Sesuto Name Khaka. Khoate. English Name Quail. Duck- all kinds. Geese-all kinds. Plover. Hares , Sesuto Na me Koekoe. Letata-mefuta eohle. Lefaloa-mefuta eoh le. Letsikhoi. Mebutlanyana.