Close your gates dammit!!!! :-P

[white_ræbbit]

Doen jou deel! Voorkom onnodige draad trekking!

[Psychosis]

"Morgen" ? (Three "morgen" in extent)?

Hunh.jpg

[h0stag3]

Yeah, I came across it again in an oldish list of statutory offences that I compiled a while ago.

I like to reference the list when I'm unsure about what exactly the charge must be.

I'll have to go check this piece of legislation again, but I'm not sure what their exact definition of "fence" is, if it is applicable to urban environments as well, and if it relates to gates in a walled structure like a perimeter wall.

Silly offence in my opinion, I know, but once again, it shows you what you CAN get arrested or fined for and not even have known that it was against the law...

Shouldn't burglers get this fine then? I don't know how this law is applied. Got hijacked, gun in the face. Later they found the car, with some guys and an unlicensed revolver... those guys were apparently out by the afternoon...

[deonh]

There is a general law amendment to bring fines up to date with prison sentences,

SH, are you referring to the Adjustment of Fines Act, 1991?

[Skaaphaas]

SH, are you referring to the Adjustment of Fines Act, 1991?

Thank you, yes. I couldn't think of the title of the act.

[deonh]

Thank you, yes. I couldn't think of the title of the act.

Cool, thanks man. For LEO purposes I find reading that specific Act a bit like trying to work out algebra, the more I read it the more it confuses me. So maybe you can help. How does that Act "work" to make, for example, the Fencing Act's fine of R50 to be whatever it is now (R5000?)?

[Skaaphaas]

Cool, thanks man. For LEO purposes I find reading that specific Act a bit like trying to work out algebra, the more I read it the more it confuses me. So maybe you can help. How does that Act "work" to make, for example, the Fencing Act's fine of R50 to be whatever it is now (R5000?)?

The fine's amount has been linked to be on par with the criminal jurisdiction of the Magistrates' Court (District court, lower than regional court), being maximum fine of R60 000 or 3 years imprisonment. Thus it was decided that every year of imprisonment can be expressed as being equal to a fine of R20 000.

The Adjustment of Fines Act, 101 of 1991 refers to this provision in the Magistrates Court Act, so even if an act says R50 or 3 months in prison, you will have to calculate what the 3 months imprisonment is worth. So working from the top again, R60 000 = 3 years, thus R20 000 = 1 year, and R5000 = 3 months.

The Adjustment of Fines Act does, however, not apply if the fine's maximum amount as stated in the Act creating the offence exceeds the amount that would have been calculated in terms of the Adjustment of Fines Act. So if the Fences Act said "a fine of R30 000 or 3 months in prison", the maximum fine would be R30 000, and not R5000.

Hope this clarifies?

[deonh]

Hope this clarifies?

Perfectly!

Thanks for taking the time and effort!

[Wanderin' Zero]

Goes back to the early/ier days of motoring in SA. Most roads passed through farms. Numerous gates were involved. Time consuming opening and closing all those gates. It took only one lazy motorist for the farmer to suffer real loss. Was a very sensible law in its time and place.

[Wanderin' Zero]

FWIW AFAIK, London still has a law requiring every cab to carry a bail of hay on the roof. Still from the days of horse cabs, when animals would not always get back to their stables...