Close your gates dammit!!!! :-P

**white_ræbbit** · 19-04-2012, 10:34

Thought I would just share two interesting statutory law offences with you guys...

Fencing Act 31/1963

Section 22 - Leaving Gates Open Any person who-(a) opens and leaves open or unfastened; or (b) finding open on passing through, neglects to shut and fasten, a gate in any fence shall be guilty of an offence and liable on conviction to a fine not exceeding fifty rand or, in default of payment, to imprisonment for a period not exceeding three months or, in the case of a second or subsequent conviction, to such imprisonment without the option of a fine.

Section 23 - Climbing or crawling over or through fences without permission Any person who climbs or crawls over or through any fence or gate without the permission of the owner or lessee of the land upon which such fence or gate is situated, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty rand or, in default of payment, to imprisonment for a period not exceeding three months.

**GameFarmer** · 19-04-2012, 10:44

In other words, don't climb through the fence, use the gate. Make sure you close the gate though.

PS: No, not applicable for defence for that poo on Bothma's farm

**h0stag3** · 19-04-2012, 12:18

This apply to one's own front gate?

**Psychosis** · 19-04-2012, 12:47

It seems to me that the "Closure of the Gate In a Fence" is not really applicable in an urban environment? (My personal take on it). Or is it? (Besides, I have a wall around my property, not a fence... ROFL)

@WR - where did you scrounge that info up? Somewhere at the top-back of the deepest darkest corner of the "fogotten" section of the archive? LOL

Interesting, nonetheless.

**white_ræbbit** · 19-04-2012, 12:56

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...

**Psychosis** · 19-04-2012, 13:02

I would be interested to hear what the intention, or reasons for creating the "gates" section was. The second one is more understandable, since it in essence amounts to almost "breaking and entering" ?

Surely the R50 fine is not still applicable? R50 or three months in prison ... perhaps more of a relative alternative penalty when R50 was still worth something?

**MyLani** · 19-04-2012, 13:08

AFAIK, the gate story came about for farmers. Can't have their stock get out everytime someone comes through

**Psychosis** · 19-04-2012, 13:10

Originally Posted by MyLani

AFAIK, the gate story came about for farmers. Can't have their stock get out everytime someone comes through

I agree... was also my presumption.

Hopefully WR can come back with the relevant "yay or nay" ;-)

**white_ræbbit** · 19-04-2012, 13:12

Yep, MyLani is correct.

The act's description says "To consolidate the laws relating to fences and the fencing of farms and other holdings and matters incidental thereto", with the following definitions :

“boundary fence” means any fence (including, in an area in respect of which a proclamation under section three is in force, a jackal-proof fence), together with any necessary gate or any contrivance forming part or serving the purpose of such a gate, erected on or as near as possible to the boundary of any holding and separating such holding from any other holding;

“holding” means-

(a) land held by any person other than the State under separate grant, deed of transfer or certificate of title;
(b)land held under lease, licence or allotment from the State with an option to purchase it, provided the lease, licence or allotment is registered in a deeds office or other registration office;
(bA) other land which vests in the State;
(c). . . . . . deleted
(d). . . . . . deleted but does not include any erf, stand or lot situated within a municipality or borough or proclaimed town, village or township unless such erf, stand or lot is at least three morgen in extent and is one of a number contiguous to each other on which farming operations are carried on;

**Skaaphaas** · 19-04-2012, 13:13

Originally Posted by Psychosis

I would be interested to hear what the intention, or reasons for creating the "gates" section was. The second one is more understandable, since it in essence amounts to almost "breaking and entering" ?

Surely the R50 fine is not still applicable? R50 or three months in prison ... perhaps more of a relative alternative penalty when R50 was still worth something?

There is a general law amendment to bring fines up to date with prison sentences, IIRC it amends all fines to be equal to R10 000 for every 6 months the alternative imprisonment sentence is. So the fine here can be R5000.

And yes, more aimed at farms, if you leave a gate open, stock losses may result. And climbing through fences result in slack fence lines, and then you have to go back with a draadspanner to fix it.