Range Management and Grazing Control Regulations 1980 (No. 30 of 1980)

LEGAL NOTICE NO. 39 OF 1980 Range Management and grazing control Regulations 1980 In exercise of the powers conferred upon me by section 4 (1) of the Land Husbandry Act, 1969, I, Peete Nkuebe Peete Acting Minister of Agriculture and Marketing make the following regulations: 1. These regulations may be cited as the Range Manage- Citation and ment and Grazing Control Regulations 1980 Commence ment 2. In these regulations unless the context otherwise reo Jnterpreta quires:- lion "agricultural officer" means a public officer serving under the Ministry of Agriculture or a person so appointed for the time being to execute these regulations; "cattlepost grazing area" means grazing area designated as such by the Minister; "chief" has the same meaning assigned to it as in the Chief tainship Act, 1968; "crop" means any species of plants purposefully grown for human or animal consumption; "land capability" means the suitability of land for use with out damage ; "large stock" means cattle, horses, mules and donkeys over the age of one year; "leboella" means an area set aside for the propagation of grass thatch grass, reedbeds, tree planting or rotational grazing; "owner" in relation to stock includes the possessor of such stock under "Mafisa" or some similar customary arrange ment; "representative" a person to whom the chief has delegated his responsibility in order to carry out the provisions of these regulations; "rotational grazing" means a system of grazing whereby some parts of land declared suitable for grazing are rested and alternately grazed without reference to sea son; "small stock" means sheep and goats over the age of one year; "stock" includes large stock and small stock ; ."stocking rate" means the number of stock per unit area of land that may be allowed to graze in a grazing area over a given period of time without any permanent damage to grass cover or soil; "stock unit" means one head of large stock or five head of small stock ; "section of grazing area" means a unit of land used for rota tional grazing, and "sectional" shall be construed ac cordingly; "to cull " means to remove undesirable stock from the graz ing areas; "undesirable stock" means any stock considered by an Agri cultural Officer to be lacking in constitution, size, con formation, soundness and type for the improvement of livestock in Lesotho and includes bastard sheep and boer goats; "village grazi ng area" means any grazing area other than cattlepost grazing area; Setting aside 4 . (1 ) Every Chief shall, after consultation with and on Leboella the advice of the Agricultural Officer, set aside special areas within his area of jurisdiction for leboella for such time as may be necessary; ( 2 ) a local chief may restrict grazing in his village area to people living in his area of jurisdiction but he may exempt bona fide travellers, public servants or police officers on duty from this sub-regulation; (3 ) the Agricultural Officer may advise a chief to set aside specified grazing areas if he considers it necessary for the purpose of rotational grazing or the improvement of any aspect of agricul ture; (4) when defining the boundaries of an area set aside as leboella a chief shall do so with reference to permanent objects such as hills, streams , or built-up stone pillars and white painted beacons, and not with reference to objects of a temporary nature such as foot paths and trees ; (5) after setting aside an area as leboeHa and defining its boundaries the chief shall convene a pitso in the customary man ner and infonn it of his decisions; (6) a chief shall also infonn all other chiefs whose areas of jurisdiction adjoin his , as well as any other chief whom he con siders should have notice, of the setting aside of leboeila; (7) a chief may give to any person living in his area of jurisdiction instructions or directives as are necessary for the de marcation, protection, preservation of leboella, and any person who without just excuse fails to comply with such instructions or directions shall be guilty of an offence and liable to a fine of 10 Maloti. Chiefs to have no special rights to leboella 5. A chief shall not claim or exercise rights or privileges over or with respect to leboella not permitted to the public in general. ResponsibUl)' for graz..ng area 6. (~) a person shall not, except in cases specially approved Trespass by the chief, graze his stock or any stock in his possession or upon Ieboella cause such stock to be v.razed in any area set aside by a chief as leboella; . (2) a chief may ~sign to any person living in his area of junsdlction the duty of Impounding stock trespassing on leboella; (3~ the owner or ~s~ssor of stock found grazing in con travention of leboella restrictions shall be liable to a fine of MO.50 for each head of large stock, MO.25 for each head of small stock and shall also pay pound fees at the rate of MO.lO per head of large stock and MO.05 per head of small stock per day or part thereof ; (4) upon payment of damage the chief shall release such stock to the owner or possessor; (5) if the owner or possessor of the stock fails to pay the prescribed damages, such stock shall be impounded and shall be further dealt with according to th e law relating to pounds; (6) any person who shall by th reats of violence or other wise rescue or attempt to rescue, against the will of the person in charge thereof, any stock lawfully seized trespassing on leboe lla in te rms of subregulation (1) in order to be impounded, or shall so rescue or attempt to rescue any stock after it has been impounded with the chief, shall be guilty of an offence, and liable to a fine of M50.00 or 1 year's imprisonment. (7) a chief or poundmaster receiving payment of damages in terms of sub-regulation (3) shall issue a proper receipt thereof and shall not later than thirty days thereafter pay such money into consolidated revenue; 30% of such collecti on shall be paid back to the chief to be shared equally among the chief's person who impounded animals and person looking after animals while in pound. 7. (1) supervision of grazing shall be under the direction of the Agricultural Officer; (2) administration of grazing shall be: (a) in village grazing area the responsibility of the local chief or his representative; (b) in cattle post grazing area the responsibility of the principal or ward chief or his r epresentative; (3) a person coming from anoth er ward or district to graze in a particular cattle post area shall fall under the complete authonlty of the Principal or Ward chief or his representative In whose area such a person Is grazing during his sojourn or that of his agents at such a grazing area. 8. (1) grazing of cattle post areas shall be communal and no Principal or Ward chief shall have the right to restrict a cattle post grazing area to the people living In his area of jurisdiction. provided that in special circumstances the Principal or Ward chief may, on the advice of an Agricultural Officer, restrict graz Rights of access to grazing areas Organisation of rotational grazing dng to a particular group of people or to people living in a parti cular area; (2) (a) a person with lawful rights to cultivate a land shall have the sole right to all crops grown on that land and to all crop residues; (b) where such a person has sown his land to permanent grasses, such grass shall be considered in all respects as a crop; 9. (l) a chief may declare certain and specified areas reo served for Agricultural Development; (2) Estimation of Stocking Rate: (a) an Agricultural Officer shall determine annually the stocking rate of each section of the grazing area; (b) every chief and Agricultural Officer shall keep a written record of the stocking rate of the area under his juris diction; (c ) the chief after consultation with the Agricultural Officer shall divide all grazing areas under his jurisdiction into sections for the purpose of rotational grazing. (3) Permits: (a) a person shall not use a grazing area for grazing stock without an official grazing permit renewable annually by the Principal, Ward or Village Chiefs as the case may be and such stock shall be distributed over the grazing sec· tions in proportion to the stocking rate of each section; (b) the permit shall be substantially similar to the schedule to this regulation; (c) the grazing permit together with the "babeisi" shall be kept at all times by the person in charge of stock. A person gr azing his animals without a permit as required in (a) shall be guilty of an offence and liable to a fine of 50 lisente per stock; (d ) if a person is keeping more stock in the grazing area than are entered on his grazing permit he shall be guil ty of an offence and shall be liable to pay a fine of MO.50 per head of large stock and MO.25 per head of small stock and such stock shall be removed from the grazing area forthwith ; (e) if a person grazes stock in his possession in an area other than that stated on his grazing permit he shall be guilty of an offence and he shall be liable to a fine of MO.50 per head of large stock and 1\10.25 per head of small stock and such stock shall be removed from such grazing area forthwith. (4) Movement of Stock between Grazing- Areas: When travelling from one grazing area to another, a person in possession of livestock may stay no longer than one night at anyone place, and must travel directly to his destination. Provided tha; under special circumstances the local chief may allow the person to remain longer. 10. (l) The total number of stock in the country shall be regulated to equal the total stocking rate of the country by graz ing areas M determined according to paragraph 9 (2) (a) . At any time when the total number of stock exceeds the stocking rate of the grazing areas measures shall be taken to cull undesirable stock until the required number is attained; and such stock shall be distributed over the grazing sections in proportion to the stocking rate of each section. (2) (a) marking of excess and undesirable stock to be cul led shall be performed by Agricultural Officer and shall take place in conjunction with some other activity sucn as shearing, dipping or dosing. The owner of stock to be culled or a person acting on his behalf must be present at the time stock are marked; (b ) the stock owned by each person shall be inspected by an Agricultural Officer, who shall mark the undesirable and excess stock by tattooing the letter 'X' followed by a numeral designating the year of culling on both ears with black Indian Ink; (0) the number and type of undesirable stock so marked under paragraph (2) (b) belonging to each person shall be entered in th e appropriate place on that person's grazing permit by the chief or his representative who shall also enter these details in a culling register, against the grazing permit number; (3) (a) any person owning undesirable stock which have been marked and registered as outlined in sub-regulation (2) shall ensure that they are removed from the grazing areas before he is issued with a new grazing permit in the following spring. Provided that a licensed butcher may keep culled stock from one season into the next season for a maximum period of three months; (b) an Agricultural Officer will inspect all stock as outlined in paragraph (2) (b) of these regulations each year for the purpose of culling stock. The owner of any stock which were culled in a previous year, but which are found not to have been disposed of at this time, shall be guilty of an offence; (c) (I) culled stock shall not be entered in a "babeisl" which is to be used to obtain a new grazing permit and such stock shall not be permitted to graze in any grazing areas of Lesotho after the owner has been :ssued with a new grazing permit: (ill any chief of "babeisi" writer who enters culled stock on a "babelsl" which he knows will be used to obtain a new grazing permit, shall be guilty of an offence. Regulation of stock numbers (2) sites (a ) Control of parasites in small stock ProhJbltlon of grass burning 11. (1) All small stock shall be dipped once a year against parasites. (a) dipping shall be under the supervision of the Agrieul tural Officer at an official dip tank; (b) the Agricultural Officer shall keep a dipping register in which he shall enter the number and type of stock dip ped and the grazing permi t number for each owner of such stock; (c) after the small stock of a person have been dipped the Agricultural Officer shall enter the number and type of stock dipped on that person's grazing perm it and stamp it with his official stam p. All small stock shall be dosed against internal para when they (i) graze for the first time in a grazing area which had been set aside as leboella; or (Ii) move from village to cattle post grazing area; (b) dosing shall be under the supervision of the Agricultural Officer; (c) the Agricultural Officer shall keep a dosing register in which he shall enter the number and type of stock dosed and the grazing permit number for each owner of such stock; (d ) each time the small stock of a person is dosed, the Agri cultu ral Officer shall enter the number and type of small stock on that person's grazing permit and stamp it with his official stamp; (3) When th e grazing permit is presented to the Principal or Ward Chief for re newal in spring of the following year,the Principal or Ward Chief shall insp ect the old grazing pennit for official entries of small stock dipped and dosed. 12. (1) A person who (a) burns or sets alight any grass or bush in a cattle post or a village grazing area without written permission of the Principal, Ward or Village Chief as the case may be, issued after consultation with an Agricultural Officer; (b) in a village or cattle post grazing area leaves unattended a fire which he , with or without such permission has lighted or rekindled or to which he had added fuel, before such fire is thoroughly extinguished; or (c) with or without authority, either personally or through someone else, lights or assists in lighting or uses, re kindles or adds fuel to any fire which, through his negli gence, spreads to or causes damage to grass in village or cattlepost grazing area; shall be guilty of an offence and liable to a fine of M50.00 or to imprisonment for 3 months. (2) Any grazing area or portion thereof in which grass has been burnt shall be deemed to be leboella. 13. (1) It shall be the responsibility of the chief of any area in which land is ploughed to ensure that land to be ploughed is safeguarded against erosion, as advised by the Agricultural Officer. (2) (a) no virgin grassland (thite or moshoqa) shall be opened for cultivation without the written permission of the chief; (b) any person who cultivates any virgin grassland without written permission of the chief as provided for in para graph (2) (a ) shall be guilty of an offence . (3) A chief shall, on the advice of the Agricultural Officer order that any land which has been (a) cultivated in unsuitable places; (b) Unlawfully cultivated; be returned to grassland. 14. (1) Where the Agricultural Officer, in tenns of these regulations is required to give advice, approval or decision such advice, approval or decision shall be final. (2) Any chief or representative who fails to (a) comply within thirty days with any advice addressed to him by an Agricultural Officer and issued under these regulations (b) take all reasonable steps to ensure that all persons finding themselves in his area comply with such advice; shall be guilty of an offence. (3) It shall be no defence for a chief charged with an of fence in terms of sub-regulation (2) to prove that the duty of complying with or carrying out such requirements was delegated to a representative. (4 ) Any person who shal1l wilfully obstruct or resist the lawful exercise of any of the powers conferred by these regula tions shall be guilty of an offence and liable to a fine of 50 Maloti or 3 months imprisonment. 9th September, 1980. Opening of new land on thite and Moshoqa and the re establish ment of grass on lands unsuitable for cultivation Chief to do everything necessary to assist the Ministry of Agriculture SCHEDULE TO GRAZING CONTROL REGULATIONS CREST TSAMAISO EA MAKHULO LENGOLO LA TUMELLO - GRAZING PERMIT Setereke: Selemo: . District Year Sebaka: Morena . Ward Ward Chief Morena: Babelsi No.: . Chief Nomoro ea Babeisi Lebltsong la Sehoai: ...... . ... .. ........ ....... . ............................... . . Stock Owner's Name: Motse: . Village: 1 Lenane la liphoofoio tse iumelletsoeng. Number of stock permitted, Likhomo Llnku Llpoli Llpere Lltonki Limmoulo Sebaka sa phuliso: . Approved Grazing Area: Morena: . Chief: Setemne: . Date stamp: 2 Lenane la Iiphoofolo tse tipiloeng: Number of stock dipped Linku I Likonyana Lipoli Lipotsa- Ofisiri Sheep Lambs Goats nyane Officer Kids .R•• •••• M . ... . .... . . •• • ••• .................................. ···· ··· ······ ··· T-- ··············· · u - ••••••••• ••••• • • • • • • • • •• n~ · Morena: . Chief . Setempe: . Date stamp 3 Lenane la liphoofolo tse noesitsoeng: Number of stock dosed Letsatsi Llnku Liko- Lipoli Lipotsa- I Oflsiri Date Sheep nyana Goats nyane Officer Lambs Kids ... ............... •• • • ••• • ••• • ••• • • •••• • • • M .......... ...... ... ... ...................................................... ....... ............ ...... ..................... ........................... ........................... ............................ ...............- M··..······•·•··...•••..• Morena: Setempe . Chief stamp 4 Lenane Ia liphoofolo tse hJahlobiloeng: Number of stock inspected Letsatsi The hJahlobiloengj The hloailoengj Ofisiri Date Inspected Culled Officer Llnkuj Lipolij Linku Lipoli Sheep Goats Sheep Goats A~.>rena: . . U Setempe Cb.Ief Date stamp