Gaz 107 of 23 Sept 2005

No. 107 VRYDAG, 23 SEPTEMBER 2005 No.
107 FRIDAY, 23 SEPTEMBER 2005

Provinsiale
Koerant
Provinsie Vrystaat

Uitgegee op Gesag
Provincial
Gazette
Free State Province

Published by Authority
No. Inhoud Bladsy
PROKLAMASIES

41 Verklaring tot die Ongelukskop-Michaelidam
Tersire Pad T5652, Landdrosdistrik
Fauresmith .. 2
42 Dorpsverklaring: Bloemfontein. 2

PROVINSIALE KENNISGEWINGS

182 Wet op Opheffing van Beperkings, 1967 (Wet
No. 84 van 1967): Bloemfontein (Dan
Pienaar) ... 3
No. 84 van 1967): Bloemfontein (Westdene) 4
No. 84 van 1967): Bloemfontein (Oranjesig) . 4
No. 84 van 1967): Botshabelo . 4

PLAASLIKE REGERINGSKENNISGEWING

Maluti-a-Phofung 7

ALLERLEI

Wet op Opheffing van Beperkings 1967 (Wet
No. 84 van 1967) ... 5

KENNISGEWINGS
Wet op die Omskepping van Sekere Regte tot
Huurpag .. 90

No. Index Page
PROCLAMATIONS

41 Declaration as the Ongelukskop-Michaelisdam
Tertiary Road T5652, Magisterial District
Fauresmith .. 2
42 Declaration of Township: Bloemfontein.. 2

PROVINCIAL NOTICES

182 Removal of Restrictions Act, 1967 (Act No.
84 of 1967): Bloemfontein (Dan
Pienaar) ... 3
84 of 1967): Bloemfontein (Westdene) .. 4
84 of 1967): Bloemfontein (Oranjesig) ... 4
84 of 1967): Botshabelo ... 4

LOCAL GOVERNMENT NOTICE

Maluti-a-Phofung ... 7

MISCELLANEOUS

Removal of Restriction Act, 1967 (Act No. 84
of 1967) ... 5

NOTICES
The Conversion of Certain Rights into
Leasehold ... 90

Conversion of Permits to Operating
Licences .. 132
2
PROVINSIALE KOERANT/PROVINCIAL GAZETTE VRYDAG 23 SEPTEMBER 2005 / FRIDAY 23 SEPTEMBER 2005

PROKLAMASIES
________

(P37/3/3457)

[NO. 41 VAN 2005]

Kragtens die bevoegdheid my verleen by artikel 3 van die Ordon-
nansie op Paaie, 1968 (Ordonnansie 4 van 1968), soos gewysig,
verklaar ek hiermee dat die openbare pad, hieronder beskryf,
vanaf die datum van afkondiging van hierdie proklamasie sal
bestaan:

VERKLARING TOT DIE ONGELUKSKOPMICHAELISDAM
TERSIRE PAD T5652, A-B, GELE IN DIE LANDDROS-
DISTRIK FAURESMITH (LENGHTE 0,8 km):

Vanaf punt A Ongelukskop 548, waar dit sekondre pad S583
verlaat; vandaar oor Ongelukskop 548, tot by punt B op die
grenslyn tussen Ongelukskop 548 en Michaelisdam 846.

Die betrokke pad word by benadering aangtoon op plan T5652/
KK/1 in die kantoor van die Hoof: Openbare Werke, Paaie en
Vervoer, Bloemfontein.

Gegee onder my hand te Bloemfontein op 30 Augustus 2005.

SEISO J. MOHAI
LID VAN DIE UITVOERENDE RAAD:
OPENBARE WERKE, PAAIE EN VERVOER
___________________________________________________

[NO. 42 VAN 2005]

DORPSVERKLARING: BLOEMFONTEIN, UITBREIDING 168

Kragtens die bevoegdheid my verleen by artikel 14(1) van die
Ordonnansie op Dorpe, 1969 (Ordonnansie No. 9 van 1969),
verklaar ek, M.J. Mafereka hierby die gebied voorgestel deur
Algemene Plan L.G. No. 347/2004 soos goedgekeur deur die
Landmeter-generaal op 5 Maart 2004 tot n goedgekeurde dorp
onder die naam Bloemfontein, Uitbreiding 168, onderworpe aan
die voorwaardes soos in die Bylae uiteengesit.

Gegee onder my hand te Bloemfontein op hede die 5de dag van
September 2005.

M.J. MAFEREKA
LID VAN DIE UITVOERENDE RAAD:
PLAASLIKE REGERING EN BEHUISING
___________________________________________________

BYLAE

STIGTINGS- EN EIENDOMSVOORWAARDES

Die dorp is Bloemfontein Uitbreiding 168 en is gele op
Onderverdeling 21 van die plaas Bayswater 2865, Admini-
stratiewe Distrik van Bloemfontein en bestaan uit 22 erwe
genommer vanaf 28427 tot 28440 en 29128 tot 29135 en strate
soos aangedui op Algemene Plan LG 347/2004.

PROCLAMATIONS
________

(P37/3/3457)

[NO. 41 OF 2005]

Under the powers vested in me by section 3 of the Roads Ordi-
nance, 1968 (Ordinance 4 of 1968), as amended, I hereby
declare that the public road, described below, will exist from the
date of publication of this proclamation:

DECLARATION AS THE ONGELUKSKOP - MICHAELISDAM
TERTIARY ROAD T5652, A-B, SITUATED IN THE MAGIS-
TERIAL DISTRICT OF FAURESMITH (LENGTH 0,8 km):

From point A on Ongelukskop 548, where it leaves secondary
road S582; thence over Ongelukskop 548, to point B on the
boundary line between Ongelukskop 548 and Michaelisdam 846.

The road concerned is shown approximately on plan T5652/KK/1
in the office of the Head: Public Works, Roads and Transport,
Bloemfontein

Given under my hand at Bloemfontein on 30 August 2005.

SEISO J. MOHAI
MEMBER OF THE EXECUTIVE COUNCIL:
PUBLIC WORKS, ROADS AND TRANSPORT
____________________________________________________

[NO. 42 OF 2005]

DECLARATION OF TOWNSHIP: BLOEMFONTEIN, EXTEN-
SION 168

By virtue of the powers vested in me by section 14(1) of the
Townships Ordinance, 1969 (Ordinance No. 9 of 1969), I, M.J.
Mafereka hereby declare the area represented by General Plan
S.G. No. 347/2004 as approved by the Surveyor General on 5
March 2004 to be an approved township under the name Bloem-
fontein, Extension 168, subject to the conditions as set out in the
Schedule.

Given under my hand at Bloemfontein this 5th day of September
2005.

M.J. MAFEREKA
MEMBER OF THE EXECUTIVE COUNCIL:
LOCAL GOVERNMENT AND HOUSING
____________________________________________________

SCHEDULE

CONDITIONS OF ESTABLISHMENT AND OF TITLE

The township is Bloemfontein Extension 168 and is situated on
Subdivision 21 of the farm Bayswater 2865, Administrative district
of Bloemfontein and consists of 22 erven numbered 28427 to
28440 and 29128 to 29135 and streets as indicated on General
Plan SG 347/2004.
PROVINSIALE KOERANT/PROVINCIAL GAZETTE VRYDAG 23 SEPTEMBER 2005 / FRIDAY 23 SEPTEMBER 2005 3

A. STIGTINGSVOORWAARDES

A.1 Die ontwikkelaar sal op sy eie koste strate aanl wat
toegang verleen tot al die erwe in die ontwikkeling.

A.2 Die ontwikkelaar moet dienste aanl tot op die grens van
elke individuele erf.

A.3 Die ontwikkelaar moet verseker dat stormwater dreineer en
dat die vloei oor erwe 28430 en 28437 nie erosie veroor-
saak of skade aan naasliggende grond veroorsaak nie.

A.4 Die erwe in die dorp word geklassifiseer in die onderge-
melde gebruiksones en reserveringe soos gedefinieer in die
Dorpsaanlegskema van Bloemfontein en verder onderhewig
aan die titelvoorwaardes soos uiteengesit in paragraaf B.

B. TITELVOORWAARDES

B.1 Die digtheid op hierdie erf mag nie 30 eenhede per erf
oorskrei nie.

B.2 Die hoogte van alle geboue is beperk tot grondvlak alleenlik,
en die maksimum hoogte vanaf grondvlak tot die hoogte
punt van die dak mag nie 6 meter oorskrei nie.
___________________________________________________

PROVINSIALE KENNISGEWINGS
________

[NO. 182 VAN 2005]

WET OP OPHEFFING VAN BEPERKINGS, 1967 (WET
NO. 84 VAN 1967): BLOEMFONTEIN (DAN PIENAAR):
OPHEFFING VAN BEPERKING: ERF 12628

Kragtens die bevoegdheid my verleen by artikel 2 van die Wet op
Opheffing van Beperkings, 1967 (Wet No. 84 vn 1967), wysig ek,
M.J. Mafereka, Lid van die Uitvoerende Raad van die Provinsie
verantwoordelik vir Plaaslike Regering en Behuising, hierby:

* die titelvoorwaardes in Titelakte T5297/1980 ten opsigte van
Erf 12628, Dan Pienaar, Bloemfontein deur die opheffing
van beperkende voorwaardes (a) en (b) op bladsy 3 in die
genoemde Transportakte.
___________________________________________________

A. CONDITIONS OF ESTABLISHMENT

A.1 The developer will, at his own cost, provide streets that will
provide access to all the erven in the development.

A.2 The developer will provide all services to the boundary of
each individual erf.

A.3 The developer shall ensure that the storm-water be drained
and that the flow down erven 28430 and 28437 will not erode
and/or damage the adjacent land in any manner.

A.4 The erven in the town are classified in the under-mentioned
zones and reservations as defined in the Town Planning
Scheme of Bloemfontein and are further subject to the condi-
tions of title as set out in paragraph B.

B. CONDITIONS OF TITLE

B.1 The density on this erf shall not exceed 30 units per hectare

B.2 The height of all buildings are restricted to ground floor only,
and the total maximum height from ground floor level to the
highest point of the roof shall not exceed 6 metre.

____________________________________________________

PROVINCIAL NOTICES
________

[NO. 182 OF 2005]

REMOVAL OF RESTRICTIONS ACT, 1967 (ACT NO. 84
OF 1967) BLOEMFONTEIN (DAN PIENAAR): REMOVAL OF
RESTRICTIONS; ERF 12628

Under the powers vested in me by section 2 of the Removal of
Restrictions act, 1967 (Act O. 84 of 1967), I, M.J. Mafereka, Mem-
ber of the Executive Council of the Province responsible for Local
Government and Housing hereby:

* alter the conditions of title in Deed of Transfer T5297/1980
pertaining to Erf 12628, Dan Pienaar, Bloemfontein by the
removal of restrictive conditions (a) and (b) on page 3 in the
said Deed of Transfer.
____________________________________________________
Sonering Erf No. Aantal Voorwaardes
Enkel woon 1 29128 tot 29135 8 Geen
Algemene Woon
3
28427 tot 28429,
28431 tot 28434,
28435, 28438, 28439,
28440
3
4
3
1
B1
B1
B1 & B2
B1
Openbare geboue 28436 1 Geen
Nog nie bepaal
nie
28430 en 28437 2 Geen
Zoning Erf Nos. Number Conditions
Single Residen-
tial 1
29128 to 29135 8 None
General Residen-
tial 3
28427 to 28429,
28431 to 28434,
28435, 28438,
28439, 28440
3
4
3
1
B1
B1
B1 & B2
B1
Public Buildings 28436 1 None
Not yet deter-
mined
28430 and 28437 2 None
4

[NO. 183 VAN 2005]

WET OP OPHEFFING VAN BEPERKINGS, 1967 (WET OP
84 VAN 1967): BLOEMFONTEIN (WESTDENE): OPHEF-
FING VAN BEPERKINGS: ERF 2572

Opheffing van Beperkings, 1967 (Wet No. 84 van 1967) wysig
ek, M.J. Mafereka, Lid van die Uitvoerende Raad van die Provin-
sie verantwoordelik vir Plaaslike Regering en Behuising, hierby:

* die titelvoorwaardes in Transportakte T33370/2004 ten
opsigte van Erf 2572, Westdene, Bloemfontein deur die
opheffing van beperkende voorwaardes 1. en 2. op bladsy
2 in die genoemde Transportakte.
___________________________________________________

[NO. 184 VAN 2005]

NO. 84 VAN 1967): BLOEMFONTEIN (ORANJESIG):
OPHEFFING VAN BEPERKINGS EN HERSONERING: ERF
6752

Opheffing van Beperkings, 1967 (Wet No. 84 van 1967) , wysig
sie verantwoordelik vir Plaaslike Regering en Behuising, hierby:

* die titelvoorwaardes in Titelakte T12013/1998 ten opsigte
van Erf 6752, Oranjesig, Bloemfontein deur die opheffing
van beperkende voorwaardes 1.(a) en 1.(b) op bladsy 3 in
die genoemde Transportakte, sowel as die wysiging van
die Dorpsaanlegskema van Bloemfontein deur die hersone-
ring van die geoemde erf vanaf Algemene Woon 2 -
Onderstreek B na Beperkte Besigheid 2.
___________________________________________________

[NO. 185 VAN 2005]

NO. 84 VAN 1967): BOTSHABELO (SEKSIE H): HERSO-
NERING: VOORGESTELDE ONDERVERDELING 1 VAN
ERF 3226

Opheffing van Beperkings, 1967 (Wet No. 84 van 1967), wysig
sie verantwoordelik vir Plaaslilke Regering en Behuising:

* hierby die grondgebruiksvoorwaardes van die dorp Botsha-
belo soos vervat in die Dorpstigting en Grondgebruik-
regulasies, 1986 (Goewermentskennisgewing No. R1897
van 12 September 1986) deur die verandering van die
gebruiksone van die voorgestelde onderverdeling 1 van Erf
3226, Seksie H, Botshabelo vanaf Onbepaald na
Gemeenskapsfasilitiet soos aangetoon op die
goedgekeurde onderverdelingsdiagram.
___________________________________________________

[NO. 183 OF 2005]

OF 1967): BLOEMFONTEIN (WESTDENE): REMOVAL OF
RESTRICTIONS: ERF 2572

Restrictions Act, 1967 (Act No. 84 of 1967), I, M.J. Mafereka,
Member of the Executive Council of the Province responsible for
Local Government and Housing, hereby,

pertaining to Erf 2572, Westdene, Bloemfontein by the
removal of restrictive conditions 1. And 2. On page in the
said Deed of Transfer.
____________________________________________________

[NO. 184 OF 2005]

OF 1967): BLOEMFONTEIN (ORANJESIG): REMOVAL OF
RESTRICTIONS AND REZONING: ERF 67522


pertaining to Erf 6752, Oranjesig, Bloemfontein by the
removal of restrictive conditions 1.(a) and 1.(b) on page 3 in
the said Deed of Transfer, as well as for the amendment of
the Town Planning Scheme of Bloemfontein by the rezoning
of the said erf from General Residential 2 - Subzone B to
Restricted Business 2.
____________________________________________________

[NO. 185 OF 2005]

OF 1967): BOTSHABELO (SECTION H): REZONING:
PROPSOED SUBDIVISION 1 OF ERF 3226


* alter the land use conditions of the Town Botshabelo as
contained in the Township and Land Use Regulations, 1986
(Government Notice No. R1897 of 12 September 1986) by
the change in the use zone of proposed subdivision 1 of Erf
3226, Section H, Botshabelo from Undetermined to
Community Facility as indicated on the approved subdivi-
sion diagram.

____________________________________________________

NO. 84 VAN 1967)

Hierby word ingevolge artikel 3(6) van die bogenoemde Wet
bekend gemaak dat die volgende aansoeke deur die Departe-
mentshoof: Plaaslike Regering en Behuising ontvang is en ter
insae l in kamer 1023, tiende vloer, Lebohanggebou, St
Andrewstraat 84, Bloemfontein en by die kantore van die
betrokke Plaaslike Besture.

Enige persoon wat teen die toestaan van die aansoeke beswaar
wil maak, kan met die Departementshoof: Plaaslike Regering en
Behuising, Direktoraat Grondontwikkeling, Posbus 211, Bloem-
fontein, 9300 skriftelik in verbinding tree. Besware met volledige
redes in tweevoud, moet hierdie kantoor nie later nie as 16:00 op
Vrydag, 21 Oktober 2005 bereik. Beswaarmakers se pos en
straatadres en telefoonnommer(s) moet skriftelike besware ver-
gesel.

(a) BAINSVLEI: VERWYSING A12/1/9/1/2/1/7(3/05)

Hoewe 9, Stirling Kleinplase No. 2721 Bainsvlei, vir die
opheffing van beperekende voorwaardes a), b), en c) op
bladsy 2 in Transportakte T008846/2002, ten opsigte van
gemelde hoewe, asook vir die wysiging van die Dorps-
aanlegskema van Bainsvlei deur die hersonering van
hoewe 9 van die plaas Stirling Kleinplase No. 2721,
Bainsvlei, vanaf Hoewes na Spesiale Gebruik 19, ten
einde die applikant in staat te stel om n kapel, drie ont-
vangssale, gastehuis ablusiegeriewe en administratiewe
fasiliteite op die gemelde eiendom te vestig (bekend as
Leopards en Lace konferensie fasiliteit).

(b) BAINSVLEI: VERWYSING A12/1/9/1/2/7

Gedeelte 7 van die plaas Mooivlakte No. 1047, Deales-
villepad, Bainsvlei, vir die opheffing van beperkende voor-
waardes (b) en (c) op bladsy 2 in Transportakte T9651/2005
ten opsigte van die gemelde plaas ten einde die applikant
in staat te stel om die eiendom in 2 gedeeltes onder te ver-
deel.

(c) BAINSVLEI: VERWYSING A12/1/9/1/2/7

Gedeelte 5 (van 1) van die plaas Houmoed No. 2736,
Bainsvlei, vir die opheffing van beperkende voorwaardes
A.1(b) en A.1(d) op bladsy 2 in Transportakte
T020579/2004 ten opsigte van die gemelde plaas, ten einde
die applikant instaat te stel om n tweede woning op te rig.

(d) BLOEMFONTEIN: VERWYSING A12/1/9/1/2/13(37/05)

Erf 1877, 3A Milnerweg. Waverley, Bloemfontein vir die
opheffing van beperkende voorwaarde 1. op blasy 2 in
Transportakte T25920/1997, so wel as die wysiging van die
Dorpsaanlegskema van Bloemfontein deur die hersonering
van die genoemde erf vanaf Enkelwoon 2 na Enkelwoon
3, ten einde die applikant in staat te stel om n gastehuis
vanaf die eiendom aan te voer.

OF 1967)

It is hereby notified in terms of section 3(6) of the above-
mentioned Act that the following applications have been received
by the Head of the Department: Local Government and Housing
and will lie of inspection at Office 1023, tenth floor, Lebohang
Building, 84 St Andrews Street, Bloemfontein and the offices of
the relevant Local Authorities.

Any person who wishes to object to the granting of an application,
may communicate in writing with the Head of the Department:
Local Government and Housing, Land Development Directorate,
at the above address or P.O. Box 211, Bloemfontein, 9300.
Objection(s) stating comprehensive reasons, in duplicate, must
reach this office not later than 16:00 on Friday, 21 October 2005.
The postal address, street address and telephone number(s) of
objectors must accompany written objections.

(a) BAINSVLEI: REFERENCE A12/1/9/1/2/7(3/05)

Plot 9, Stirling Small Holdings No. 2721, Bainsvlei, for the
removal of restrictive conditions a), b) and c) on page 2 in
Deed of Transfer T008846/2002 pertaining to the said plot,
as well as the amendment of the Town Planning Scheme of
Bainsvlei by the rezoning of plot 9, Stirling Small Holdings
No. 2721, Bainsvlei, from Holdings to Special Use 19, in
order to enable the applicant to establish a chapel, three
reception halls, guesthouse, ablution facilities and
administrative facilities on the said property (better known as
Leopards and Lace conference facility).

(b) BAINSVLEI: REFERENCE A12/1/9/1/2/7

Portion 7 of the farm Mooivlakte No. 1047, Dealesville Road,
Bainsvlei, for the removal of restrictive conditions (b) and (c)
on page 2 in Deed of Transfer T9651/2005 pertaining to the
said farm, in order to enable the applicant to subdivide the
said property into two portions.

(c) BAINSVLEI: REFERENCE A12/1/9/1/2/7

Portion 5 (of 1) of the farm Houmoed No. 2736, Bainsvlei, for
the removal of restrictive conditions A.1(b) and A.1(d) on
page 2 in Deed of Transfer T020579/2004 pertaining to the
said farm, in order to enable the applicant to erect a second
dwelling.

(d) BLOEMFONTEIN: REFERENCE A12/1/9/1/2/13(37/05)

Erf 1877, Milner Road 3A, Waverley, Bloemfontein for the
removal of restrictive condition 1. on page 2 in Deed of
Transfer T25920/1997, as well as for the amendment of the
Town Planning Scheme of Bloemfontein by the rezoning of
the said erf from Single Residential 2 to Single Residential
3, in order to enable the applicant to conduct a guesthouse
from the property.
6

(e) BLOEMFONTEIN: VERWYSING A12/1/9/1/2/13(13/05)

erf 2169, Piet Retiefstraat 4, Hilton, Bloemfontein vir die
opheffing van beperkende voorwaarde 2. op bladsy 3 in
Transportakte T2786/2000, ten einde die applikant in staat
te stel om die erf aan te wend vir diensbedryf doeleindes
(verhuring van masjinerie asook die verkoop van parte vir
masjinerie.)

___________________________________________________

(e) BLOEMFONTEIN: REFERENCE A12/1/9/1/2/13(13/05)

Erf 2169, 4 Piet Retief Street, Hilton, Bloemfontein for the
removal of restrictive condition 2. on page 3 in Deed of
Transfer T2786/2000, in order to enable the applicant to
utilize the erf for service industry purposes (hiring of
machinery and the selling of machine parts).

____________________________________________________


NOTICES
________

MALUTI-a-PHOFUNG MUNICIPALITY:

NOTICE NUMBER 85/2005

PUBLICATION OF BY-LAWS RELATING TO FIRE AND EMERGENCY SERVICES FOR THE MALUTI-A-PHOFUNG MUNICIPALITY

The Municipal Council of Maluti-a-Phofung resolved during a meeting on 6 September 2005, after complying to Section 12 of the Local Gov-
ernment: Municipal Systems Act No 32 of 2000 as follows:

1. That in terms of section 13 of the Local Government: Municipal Systems Act No. 32 of 2000, the By-laws relating to Fire and Emer-
gency Services as published in the OFS Provincial Gazette on 22 April 2005 (Notice Number 31 of 2005) be adopted for the Maluti-a-
Phofung Municipality.

2. That in terms of Section 13 of the Local Government: Municipal
Systems Act No. 32 of 2000 the By-laws takes effect as from date of publication in the Provincial Gazette.

TM MANYONI
MUNICIPAL MANAGER
MALUTI-a-PHOFUNG
15 September 2005

Maluti-A-Phofung Municipality

Fire and Emergency Service By Laws

Table of Contents

Chapter 1

APPLICATION AND INTERPRETATION OF BY-LAWS

1. Application of by-laws
2. Definitions and Interpretation

Chapter 2

FIRE PREVENTION AND FIRE PROTECTION

Part 1: Fire Prevention

3. Certain fires prohibited
4. Storage and accumulation of combustible materials prohibited
5. Electrical fittings, equipment and appliances
6. Flame-emitting devices
7. Safety fire-breaks required
Part 2: Fire Protection

8. Design and construction of buildings
9. Design and construction of dumping sites
10. Design and construction of other structures and sites
11. Requirements for sprinkler system
12. Requirements for extractor fan system
13. Requirements for emergency exits
14. Design, identification and access for fire-fighting and rescue purposes
15. Barricading of vacant buildings

8

Part 3: Fire Fighting Equipment and Emergency Evacuation Plans

16 Installation and maintenance of fire-fighting equipment
17. Chief Fire Officer may designate premises for emergency evacuation plans
18. Duties of owner or occupier of designated premises

Part 4: Certificates of fitness for certain buildings

19. Prohibition of public gatherings in certain circumstances
20. Application for certificate of fitness
21. Requirements for certificate of fitness
22. Form and content of certificate of fitness
23. Duties of holder of certificate of fitness
24. Cancellation of certificate of fitness

Part 5: Water supply for fire-fighting purposes

25. Township development water supply requirements
26. Township development fire-extinguishing stream requirements
27. Township development fire hydrant requirements
28. Fire risk categories
29. Connections to water reticulation system

Chapter 3

CONTROL OF FIREWORKS

30. Use of fireworks prohibited in certain circumstances
31. Fireworks display prohibited unless authorized
32. Application to present fireworks display
33. Authority to present fireworks display
34. Dealing in fireworks.

Chapter 4

CERTIFICATE OF REGISTRATION FOR USE, HANDLING AND STORAGE OF FLAMMABLE SUBSTANCES

35. Use, handling and storage of flammable substances prohibited in certain
circumstances
36. Application for certificate of registration for flammable substances
37. Issue of certificate of registration
38. Availability of certificate of registration at premises
39. Fire-fighting equipment
40. Amendment to certificate of registration
41. Cancellation of certificate of registration
42. Renewal of certificate of registration
43. No authorization required for certain motor vehicle fuel tanks
44. Record of certificates of registration

Chapter 5

GENERAL PROVISIONS REGARDING THE USE, HANDLING AND STORAGE OF FLAMMABLE SUBSTANCES

45. General prohibitions regarding use, handling and storage of flammable
substances
46. Use, handling and storage of liquefied petroleum gas
47. Display of symbolic warning signs required
48. Duty to report fires, accidents and dumping


Chapter 6

STORAGE OF FLAMMABLE SUBSTANCES

49. Storage of flammable substances prohibited in certain circumstances
50. Symbolic safety signs must be displayed
51. Construction of flammable substances storerooms
52. Requirements for storeroom doors
53. Requirements for storeroom windows
54. Requirements for storeroom catch pits
55. Ventilation of storerooms
56. Electrical equipment in storerooms
57. Foam inlets required for certain storeroom
58. Shelving in storerooms
59. Unauthorized use and entry of storerooms prohibited
60. Mixing and decanting rooms
61. Temporary above ground storage of flammable substances
62. Hand tools must be intrinsically safe
63. Permanent above ground storage tanks for flammable substances
64. Underground storage tanks for flammable liquids
65. Installing, erecting, removing and demolishing prohibited without prior notice
66. Repair and maintenance of access to storage tanks
67. Termination of storage and use of flammable substances
68. Container handling and storage

Chapter 7

TRANSPORT, SUPPLY AND DELIVERY OF DANGEROUS GOODS

69. Transport of dangerous goods prohibited without permit
70 Application for transport permit
71. Requirements of transport permit
72. Cancellation of transport permit
73. Exemption from transport permits
74. Design, construction, maintenance and repair of road tankers
75. Design, construction, maintenance and repair of other vehicles
76. General prohibitions regarding transport of dangerous goods
77. Supply of dangerous goods prohibited in certain circumstances
78. Records of transport permits

Chapter 8

SPRAY PAINTING

79. Spraying prohibited without spraying permit
80. Application for spraying permit
81. Cancellation of spraying permit
82. Duties of owner, occupier or person in charge of spraying room
83. Design and construction of spraying rooms
84. Water floors for spraying room
85. Electrical equipment in spraying rooms
86. Location of spraying rooms
87. Access to spraying rooms
88. Ventilation of spraying rooms
89. Fire dampers, protectors and alarms in spraying rooms
90. Design and positioning of ventilation outlets for spraying rooms
91. Display of signs on spraying rooms
92. Mainfold installations in spraying rooms
93. General prohibitions regarding spraying rooms
94. Fire extinguishing equipment in spraying rooms
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Chapter 9

FIRE BRIGADE SERVICES

95. Establishment and maintenance of Service
96. Objects of Service
97. Service to other persons
98. Instruction by members of Service
99. Pretending to be member of Service prohibited
100. Certificates to identify members of Service
101. Cost of analysis samples

Chapter 10

MISCELLANEOUS

102. Handling of animals during emergencies
103. Exemption from provisions of these by-laws
104. Approval, authorization or permission under these by-laws
105. Cancellation of approval, authorization or permission
106. By-laws bind State
107. Offences and penalties
108. Repeal of by-laws
109. Short title

Schedule 1: Guideline for emergency evacuation plans

Schedule 2: Exemption from certificate of registration

Schedule 3: Exemption from transport permit

Schedule 4: SABS Codes of Practice and Specifications

Schedule 5: Repealed By-Laws

Chapter 1

APPLICATION AND INTERPRETATION OF BY-LAWS

Application of By-laws

1. (1) These by-laws apply-

(a) within the area of jurisdiction of the Council; and
(b) in addition to any applicable national or provincial law.

Definitions and Interpretation

2. (1) In these By-laws unless the context otherwise indicates-

above ground storage tank means a tank situated above ground for the
storage of flammable substances as contemplated in SABS 0131 and
SABS 089 Part 1 and SABS 087 Part 3;

agricultural holding means a portion of land not less than 0.8 hectares in extent used solely or mainly for
the purpose of agriculture, horticulture or
for breeding or keeping domesticated animals, poultry or bees;

approved means as approved by the Council;
bund wall means a containment wall surrounding an above ground
storage tank, constructed of an impervious material and designed to
contain 110% of the contents of the bank;

certificate of fitness means a certificate contemplated in section 20;

certificate of registration means a certificate contemplated in section 35;

Chief Fire Officer means the Chief Fire Officer appointed by the
Council in terms of section 5 of the Fire Brigade Services Act and
includes any person appointed as acting Chief Fire Officer;

Chief Inspector of Explosives means the Chief Inspector of Explosive
appointed in terms of section 2 of the Explosives Act, 15/2003;

Civil Aviation Authority means the South African Civil Aviation
Authority established in terms of section 2 of the South African
Civil Aviation Authority Act, 1998 (Act No. 4 of 1998);

class means a class of petroleum product based on the following
classification:

(a) Class O: liquefied petroleum gasses;
(b) Class I : liquids subdivided as follows:

(i) Class IA: liquids which have a closed-cap flash point below
23C and a boiling point of 35C; and

(ii) Class IB: liquids which have a closed-cap flash point below
23C and boiling point of 38C or above;

(iii) Class IC: liquids which have a closed-cap flash point of 23C or above but below 38C;

(c) Class II: liquids have a closed-cap flash point of 38C or above but
below 60,5C;

(d) Class IIIA: liquids which have a closed-cap flash point of 60,5C
or above below 93C; and

(e) Class IIIB: liquids which have a closed-cap flash point of 93C or
above;
combustible liquid means a liquid which has a close-cap flash point of
38C or above;

competent person means a person who is qualified by virtue of his or
her experience and training;

Council means

(a) Maluti-A-Phofung Municipality established by Provincial Notice No. 6766 of 2000 dated 1 October
2000, as amended, exercising its legislative and executive authority through its municipal Council;
or
(a) its succession in title; or
(b) a structure or person exercising a delegated power or carrying out an instruction, where
any power in these By-laws, has been delegated or sub-delegated or an instruction given
as contemplated in, section 59 of the Local Government: Municipal System Act, 2000
(Act No. 32 of 2000); or
12
(a) a service provider fulfilling a responsibility under these By-laws, assigned to it in terms of section
81(2) of the Local Government: Municipal System Act, 2000, or any other law, as the case may
be;

dangerous goods means any flammable gas, flammable liquid or flammable solid as contemplated in SABS 0228;

dwelling house means a single dwelling unit situated on its own site, including any motor vehicle garage and other do-
mestic outbuildings on that site;

dump means to abandon or discard any hazardous substance by depositing, discharging, spilling or releasing it;

emergency means any incident or eventuality which seriously endangers or may endanger any person or property;

emergency route means that part of any escape route which

(a) protects the occupiers of any building from fire; and
(b) leads to an escape door;

enclosed place in respect of domestic animals means any kraal, cage, camp or similar enclosure where domestic ani-
mals are kept or exercised;

escape door means any door at the end of an emergency route and includes any door providing entrance to, or exit
from, a building;

escape route means the entire path of travel, measured from an escape door to the furthest point in any room in a build-
ing;

explosive means
(a) a substance or a mixture of substances which is capable of producing an explosion;
(b) pyrotechnic substance in a solid or liquid state, or a mixture of such substances, designed to produce an
effect by heat, light, sound, gas or smoke or a combination of these, as a result of self non-detonative self
sustaining exothermic chemical reaction including pyrotechnic substances which do not evolve gases;
(c) any device or article containing one or more substances contemplated in (a)
(d) any plastic explosive;
(e) any other substance or article which the Minister may from time to time in notices in the Gazette declare to
be an explosive

Explosive Act means the Explosive Act, 2003 (Act No. 15 of 2003), and any regulations made under that Act;

extinguishing stream means the amount of water that the Service needs in order to extinguish a fire;

feeder route means that part of an escape route which allows travel in two different directions to the access doors of
least two emergency routes;

Fire Brigade Services Act means the Fire Brigade Service Act, 1987 (Act No. 99 of 1987), and any regulations made
under that Act;
fire damper means an automatic damper, including its assembly, which complies with the requirements of SABS 193;

fire-fighting equipment means any portable or mobile fire extinguisher, hose reel or fire hydrant;

fire installation means any water installation which conveys water solely for the purposes of fire-fighting;
fireworks means any pyrotechnic substance contemplated in paragraph (b) of the definition of explosives as defined in
Section 1 of the Explosives Act, No. 15 of 2003, which is
(a) manufactured for the purposes of amusement or entertainment, and
(b) divided into such classes as may be prescribed


fireworks display means the use of fireworks for purposes of a public display;

flammable gas means a gas which at 20C and a standard pressure of 101,3 kilopascal

(a) is ignitable when in a mixture of 13% or less (by volume) with
air; or
(b) has a flammable range with air of at least 12% regardless of the
lower flammable limit;

flammable liquid means a liquid or combustible liquid which has a
closed-cap flash point of 93C or below;

flammable substance means any flammable liquid, combustible liquid or
flammable gas;

Group I, II, III, V, VI, VII and IX hazardous substances means Group I, II, III, V, VI, VIII and IX hazardous substances,
as the case may be, as contemplated in the Hazardous Substances Act;

hazardous substance means any hazardous substance contemplated in
Hazardous Substance Act;

Hazardous Substances Act means the Hazardous Substances Act, 1973
(Act No. 15 of 1973), and any regulations made under that Act;

liquefied petroleum gas means a mixture of light hydrocarbons (predominantly propane, propene, butane, butane) that
is gaseous under conditions of ambient temperature and pressure and that is maintained in a liquid state by an
increase of pressure or lowering of temperature;

member means a member of the Service and includes the Chief Fire Officer;

Minister means the Minister of Safety and Security

National Building Regulations and Building Standards Act means the National Building Regulations and Building
Standards Act, 1977 (Act No. 103 of 1977), and any regulations made under that Act;

National Road Traffic Act means the National Road Traffic Act, 1996 (Act No. 93 of 1996), and any regulations made
under that Act;

Occupational Health and Safety Act means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

occupier means any person who occupies or has control over any premises;

owner in relation to premises, means the registered owner of the premises and includes

(a) any person who receives rental or profit from the premises, whether on own account or as agent;
(b) a body corporate in respect of any sectional title scheme contemplated under the Sectional Titles
Act, 1986 (Act No. 95 of 1986); and
(c) an executor or curator of any deceased or insolvent estate;

premises means any land, building, construction or structure or part thereof and includes any train, boat, aircraft or other
vehicle;

prescribed fee means a fee determined by the Council by resolution in terms of section 4 of the Local Government
Systems Act, 32 of 2000 as amended or any other applicable legislation;

public gathering includes any gathering by members of the public

14

(a) to view any theatrical or operatic performances, orchestral or choral recitals or cinematic-graphic
screening; or

(b) to attend, practice or participate in any indoor sports activity, dance, physical activity or other recrea-
tional activity;

public place means any path, street, walk-way, side-walk, park, place of rest or other place to which the public has
authorized or unimpeded access;

pyrotechnist means any appropriately qualified person responsible for fireworks at fireworks display;

registered premises means any premises in respect of which a certificate of registration has been issued;

SABS means the South African Bureau of Standards contemplated in section 2 of the Standards Act, No. 29 of 1993,
and SABS followed by any number means a reference to a SABS code of practice, specification or standard of the corre-
sponding number;

Service means the Fire Brigade Service established and maintained by the Council as contemplated in section 95;

service installation means any automatic fire-extinguishing installation, fire pump connector, fire pump, emergency
power or stand-by generator, fire detection, locating or alarm system, emergency lighting or evacuation communication
system, mechanical ventilation system, hoist, symbolic safety sign and smoke or fire door assembly;

spray means to spray, coat, plate or epoxy-coat with any hazardous substance and spraying has a corresponding
meaning;

spraying permit means a permit contemplated in section 79;

spraying room means a room contemplated in section 83;

storage vessel means a pressure vessel as defined in the Regulations for Pressure Vessels made under the Occupa-
tional Health and Safety Act;

underground tank means any tank used or intended to be used for the storage of any flammable liquid and which is
wholly sunk into and below the surface of the ground;

use in relation to fireworks means discharging, lighting or igniting;

vegetation includes grass, weeds, leaves, shrubs and trees; and

vehicle includes a trailer or semi-trailer which
(a) has at least 4 wheels with independent axles and suspension system; and
(b) can be hitched to a truck-tractor or any other motor vehicle contemplated in the National Road Traffic
Act.

water installation means a water installation as defined in the Councils Water Services By-laws.

(2) If any provision in these by-laws vests or imposes any power, function or duty of the Council in or on an em-
ployee of the Council and such power, function or duty has in terms section 81 (2) of the Local Government:
Municipal System Act, 2000 or any other law been assigned to a service provider, the reference in such provi-
sion to such employee must be read as a reference to the service provider or, where applicable, an employee of
the service provider authorized by it.

Chapter 2

FIRE PREVENTION AND FIRE PROTECTION

Part 1: Fire Prevention

Certain fires prohibited

3. (1) No person may make or allow any other person to make a fire that may endanger any person, animal or property.

(2) No person may burn or allow any other person to burn any refuse or combustible material -

(a) without the prior written permission of the Chief Fire Officer; or
(b) unless the refuse or combustible material is burnt in an approved incinerating device.

(2) Any person who makes a fire or allows any other person to make a fire, must take reasonable steps to ensure
that the fire does not endanger any person, animal or property.

(4) The prohibition in subsection (2) does not apply to any fire made

(a) in an approved and purpose-made stove, fireplace or hearth that forms an integrated part of a building or struc-
ture;
(b) for the purpose of preparing food on private premises set aside for that purpose; or
(c) in any device for preparing food which -

(i) is heated by electricity or liquefied petroleum gas; and
(ii) is so positioned that the fire does not endanger any person, animal or property.

Storage and accumulation of combustible material prohibited

4. (1) No person may store any combustible material or allow it to be stored, at any place or in any manner that may pose a fire
hazard to any person, animal or property.

(2) No person may allow the accumulation of dust at any place in quantities sufficient to pose a fire hazard to any person,
animal or property.

(3) No person may use or allow to be used any sawdust or similar combustible material to soak up any flammable liquid.
(4) No person may allow soot or any other combustible material to accumulate in any chimney, flue or dust in such quantities
or in any manner that may pose a fire hazard to any person or property.

(5) No person may allow any vegetation to become overgrown at any place under that persons control that may pose a fire
hazard to any person, animal or property.

(6) If a fire hazard contemplated in subsection (5) arises, the owner or occupier of the property concerned must without delay
eliminate the hazard or cause the hazard to be eliminated by
(a) cutting any grass, leaves or weeds associated with the fire hazard to a maximum height of 150 millimetres;
(b) pruning, chopping down or sawing any shrub or tree; and
(c) removing any resulting combustible residue from the property.

Electrical fittings, equipment and appliances

5. No person may cause or allow

(a) any electrical supply outlet to be overloaded; or
(b) any electrical appliance or extension lead to be used in any manner that may pose a fire hazard to any person or property.

16
Flame-emitting devices

5. No person may use or cause or allow the use of any flame-emitting device, including but not limited to any candle, lantern or
torch, in any manner that may pose a fire hazard to any person or property.

Safety fire-breaks required

7. (1) Every owner or occupier of an agricultural holding or farm must clear and maintain a safety fire-break along every
boundary of the agricultural holding or farm that

(a) is at least 5 metres wide (when measured parallel from the boundary concerned); and
(b) contains no vegetation or combustible residue.

(2) If an obstruction occurs within the boundaries of a safety fire-break, the owner or occupier concerned must clear and main-
tain a 5 metre-wide safety fire-break around that obstruction.

(3) No person may clear or maintain a safety fire-break by burning without the prior written permission of the Chief Fire Officer

(4) Any person who intends to clear or maintain a safety fire-break by burning must

(a) apply in writing to the Chief Fire Officer for permission, stipulating the property concerned and the proposed date
and time of the burning; and
(b) unless the burning is to be performed by a person or body accredited for this purpose by the Council, request the
Service to provide assistance at the burning against payment of the prescribed fee.

Part 2: Fire Protection

Design and construction of buildings

8. (1) Subject to the provisions of subsection (3), every owner of a building, excluding a dwelling house, must ensure that it is
designed and constructed in a manner that

(a) provides for

(i) the effective drainage of any water that may result from fire-extinguishing activities; and
(ii) the discharge of that water directly into a storm water drain;

(b) prevents any water that may result from fire-extinguishing activities from draining

(i) down any stairway or lift shaft;
(ii) down any electrical shaft or telecommunications service shaft;
(iii) down any shaft that is connected to a basement level; or
(iv) along any approach to a building or any vehicle access ramp leading to or from a building.

(c) if any water resulting from fire-extinguishing activities should spill into a basement, that water is discharged di-
rectly into a storm water drain; and
(d) complies with the requirements of SABS 0400 (Parts A, K, M, O, T, V and W) insofar as it relates to fire protec-
tion.
(2) Subject to the provisions of subsection (3), every owner of a building equipped with a transformer room must ensure that

(a) the transformer room is situated on the ground level;
(b) access to the transformer room is from outside the building; and
(c) there is adequate and ready access to the transformer room for fire-fighting and maintenance activities.

(3) Subsection (1) and (2) do not apply in respect of any building which exists at the commencement of these By-laws.

Design and construction of dumping sites

9. (1) Every person who designs or constructs any dumping site, must ensure that it is designed and constructed in accordance
with the instructions of

(a) the Department of Water Affairs and Forestry; and
(b) the Council.

Design and construction of other structures and sites

10. (1) Every person who design, constructs or erects any of the following structures, must ensure that they comply with a rational
design as contemplated by the National Building Regulations and Building Standards Act

(a) any grain silo;
(b) any atrium;
(c) any air traffic control tower;
(d) any tower for telecommunications or other uses;
(e) any thatched structure which is larger than 20 square metres and situated within 4.5 metres of any boundary line
of the property concerned;
(f) any tent or other temporary structure for holding a public gathering; and
(g) any open-plan commercial or industrial premises with a covering distance that exceeds 45 metres measured
from any point in the premises to any escape or exit door.

(2) Every person who designs or constructs any aircraft hanger or helicopter pad, must ensure that it
(a) complies with a national design as contemplated by the National Building Regulations and Building Standards
Act;

(b) provides for effective drainage of any liquid from the floor of the hanger or helicopter pad or any approach to the
aircraft hanger or helicopter pad;

(c) provides for the effective channeling of any liquid from the floor of the hanger or helicopter pad to a drainage
area connected to a separator well;

(d) prevents the spread of any liquid from the floor of the hanger or helicopter pad; and

(e) is equipped with effective earthling devices for the discharge of static electricity.

Requirements for sprinkler systems

11. (1) If a sprinkler system is required in any building in accordance with SABS 0400, SABS 087 (Part III) or SABS 089 (Part I) or
if the Council so requires, the owner of the building must ensure that the building is equipped with a sprinkler system.

(2) Every person who designs, constructs or install a sprinkler system must ensure that it is designed, constructed and
installed

(i) in accordance with SABS 0287; and

(ii) in compliance with the requirements of SABS 0400 (Part A, K, M, O, T, V and W) insofar as it relates to fire
protection.

Requirements for extractor fan systems

12. (1) Every person who designs, constructs or installs an extractor fan system, any related ducts or any similar chimney system
and every owner of a building in which such a system is installed must ensure that -

(a) it is designed, constructed and installed in a manner that provides for clearly demarcated, adequate and easy
access for inspection, maintenance and repairs; and

(b) the conduit and outlet of any such system is installed in a manner that does not result in a fire hazard to any
person or property.

(2) Every owner of a building in which an extractor fan system, any related ducts or any similar chimney system
has been installed must ensure that every filter, damper, screen or conduit forming an integral part of the
system is residues or any other combustible residues do not accumulate.
18

Requirements for emergency exits

13. (1) Every owner of a building must ensure that any escape door in that building -

(a) is fitted with hinges that open in the direction of escape; and
(b) is equipped with a fail-safe locking device or devices that do not require a key in order to exit.

(2) Every owner of a building must ensure that any door in a feeder route -

(a) is a double swing-type door;
(b) is not equipped with any licking mechanism.

(3) Notwithstanding the provisions of subsection (2), if it is necessary that a door, in a feeder route be locked for security
reasons, the owner of the building must provide an alternative means of escape approved by the Chief Fire Officer.

(4) No person may obstruct or allow the obstruction of any escape route from any premises that may prevent or hinder the
escape of any person or animal from the premises in an emergency.

Design, identification and access for fire-fighting and rescue purposes

14. (1) Subject to the requirements of any town planning scheme or the conditions of establishment of any township, every person
who plans, designs or constructs a building, excluding a dwelling house, must ensure that the premises on which the build-
ing is situated, are planned, designed and constructed so that -

(a) at least one elevation of the building fronts onto a street;
(b) if the premises do not front onto a street, an access road is provided with dimensions and carrying capacity
approved in writing by the Chief Fire Officer;
(c) there is a climate-proof and weather-proof parking surface for parking and operating fire brigade machines and
equipment in an emergency

(i) of dimensions at least 10 metres wide;
(ii) that runs the full length of the side elevation of the building that borders the surface; and
(iii) with a carrying capacity of at least 70 metric tons; and

(d) any entrance arch to the premises provides an opening with dimensions at least 4 metres wide x 4.2 metres
high, unless there is an alternative and easy access route to the premises of at least the same dimensions.

(2) For purpose of easy identification by any member of the Service in an emergency, every owner or occupier of premises
must ensure that the correct street number of the premises

(a) is displayed clearly on the street boundary of the premises in number at least 75 millimetres high; and
(b) is visible from the street; and
(c) is maintained in a legible condition at all times.

Barricading of vacant buildings

15. Every owner or person in charge of a building or portion of a building that is vacant must, at his or her own cost and to the satis-
faction of the Chief Fire Office-

(a) remove all combustible waste and refuse from the building; and
(b) lock, barricade or otherwise secure all windows, doors and other openings in the building in a manner that will
prevent the creation of any fire hazard caused by entering of the building by any unauthorized person.

Part 3: Fire Fighting Equipment and Emergency Evacuation Plans

Installation and maintenance of fire-fighting equipment

16. (1) Every owner of a building must ensure that -

(a) all fire-fighting equipment and service installations on the premises are installed in a manner and condition ready
for use in an emergency;
PROVINSIALE KOERANT/PROVINCIAL GAZETTE VRYDAG 23 SEPTEMBER 2005 / FRIDAY 23 SEPTEMBER 2005 19 PROVINSIALE KOERANT/PROVINCIAL GAZETTE VRYDAG 23 SEPTEMBER 2005 / FRIDAY 23 SEPTEMBER 2005 19

(b) all portable and mobile fire-extinguishers and all hose reels on the premises are serviced and maintained in ac-
cordance with SABS 0105 and SABS 1475;
(c) all fire-fighting equipment and service installations on the premises are

(i) maintained in a good working condition by a competent person;
(ii) inspected and serviced in accordance with manufacturer specifications; and
(iii) are inspected by an appropriately registered and competent person at least once every 12 months;
and

(d) a comprehensive service record of all fire-fighting equipment and service installations on the premises is main-
tained and furnished to the Chief Fire Officer every 12 months.

(2) Every person who inspects, services or repairs any fire-fighting equipment or service installation must -

(a) on completing the inspection, service or repairs, as the case may be-

(i) certify in writing that the equipment or installation concerned is fully functional; and
(ii) furnish that certificate to the owner of the premises; or

(b) if the equipment or installation cannot readily be repaired to a functional state, notify the Chief Fire Officer of this
fact in writing without delay.

(3) Except for purposes of inspection, service, repair or fire-fighting, no person may remove or interfere with any fire-fighting
equipment or service installation at any premises.

(4) No person may alter, damage, misuse or render ineffective any fire-fighting equipment or service installation at any
premises.

Chief Fire Officer may designate premises for emergency evacuation plans

17. (1) The Chief Fire Officer may, by written notice, designate any premises as premises requiring an emergency evacuation
plan.

(2) The notice contemplated in subsection (1), must be served on the premises concerned and addressed to the owner or
occupier.

Duties of owner or occupier of designated premises

18. (1) The owner, or with the approval of the Chief Fire Officer, the occupier, of any premises designated in terms of section 17
must
(a) prepare a comprehensive emergency evacuation plan for the premises in accordance with the guideline contained in
Schedule 1 and submit it to the Chief Fire Officer in triplicate within 30 days of service of the designation notice;
(b) establish a fire protection committee comprised of occupiers of the premises to assist the owner or occupier to organ-
ize a fire protection programme and regular and scheduled fire evacuation drills;
(c) ensure that the emergency evacuation plan is reviewed

(i) at least every 12 months;
(ii) whenever the floor layout of the premises is charged; and
(iii) whenever the Chief Fire Officer requires revision of the plan;

(d) ensure that up-to-date emergency evacuation plan, any fire protection programmes, evacuation drills and any related
documents are kept maintained and all times available in a control room on the premises for inspection by any mem-
ber of the Service; and
(e) identify a place of safety off the designated premises, but in the immediate vicinity of the premises, where persons
who reside or work on the premises may gather during an emergency for the purpose of compiling a list of survivors.

(2) The Chief Fire Officer may in respect of premises designated in terms of section 17 -

20

(a) require the review of any emergency evacuation plan by the owner or occupier and may provide directions in this
regard;
(b) instruct the owner or occupier to implement a fire protection program that the Chief Fire Officer believe is neces-
sary to ensure the safety of persons and property on the premises; and
(c) require the owner or occupier to provide the Chief Fire Officer with a certified copy of the emergency evacuation
plan and any associated documents at a specified time and place.

Part 4: Certificates of fitness for certain buildings

Prohibition of public gatherings in certain circumstances

19. (1) No person may hold a public gathering or allow a public gathering to be held in any building or temporary structure unless
a certificate of fitness has been issued by the Chief Fire Officer in respect of that building or temporary structure, unless a
certificate of fitness previously issued in terms of this subsection, has not yet expired.

(2) Subsection (1) does not apply in respect of a building or temporary structure which existed at the commencement of these
By-laws, unless after that date

(a) the building or temporary structure is rebuilt, altered, extended or its floor layout is changed; or

(b) ownership or control of the building or structure changes.

Application for certificate of fitness

20. (1) Every owner of a building or temporary structure intended for the holding of a public gathering must
(a) complete and submit to the Chief Fire Officer an application form for a certificate of fitness in the form and man-
ner determined by the Council; and
(b) pay the prescribed fee.

(2) An application contemplated in subsection (1) must be submitted at least 30 days before any intended public gathering.

Requirements for certificate of fitness

21. The Chief Fire Officer may not issue a certificate of fitness in respect of a building or temporary structure

(a) unless the Council is in possession of an up-to-date set of building plans for the premises;
(b) unless the building or temporary structure complies with the requirements of these By-laws; and
(c) for a period of validity exceeding 12 months.
Form and content of certificate of fitness

22. A certificate of fitness must be in the form determined by the Council and must at least record the following information, where
applicable:

(a) the trade name and street address of each occupier of the building or temporary structure.
(b) a description of the type of activity carried on by each occupier of the building or structure;
(c) the full names and addresses of the persons who serve on the governing or similar body of each occupier;
(d) the maximum permissible number of people who may be admitted to the useable floor area of the building or
structure;
(e) the number of emergency exists and their dimension; and
(f) the dates of issue and expiry of the certificate and its serial number.
Duties of holder of certificate of fitness

23. The holder of a certificate of fitness must

(a) comply with the provisions of the certificate of fitness;
(b) at all times

(i) display the certificate prominently on the premises; and
(ii) maintain the certificate in a legible condition;


(a) immediately notify the Chief Fire Officer in writing of any change to the trade name, activity or governing or simi-
lar body of any occupier of the building or structure; and
(b) submit any application for renewal of the certificate of fitness at least 30 days before its expiry in the form and
manner determined by the Council together with the prescribed fee.

Cancellation of certificate of fitness

24. (1) The Chief Fire Officer may cancel any certificate of fitness in respect of a building or temporary structure if he or she has
reason to believe that

(a) the owner or occupier concerned contravenes or fails to comply with any provision of these By-laws; or
(b) the building or structure contravenes or does not comply with the requirements of these By-laws.

(2) Subject to subsection (3), before the Chief Fire Officer cancels a certificate of fitness as contemplated in subsection (1),
he or she must

(a) give the owner or occupier concerned written notice of the intention to cancel the certificate of fitness and the
reasons for such cancellation;
(b) give the owner or occupier concerned a period of at least 20 days to make written representations regarding the
matter; and
(c) consider any representations received.

(3) If the Chief Fire Officer has reason to believe that the failure to cancel a certificate of fitness within the period contemplated
in subsection (2) (b), may endanger any person or property, he or she may cancel a certificate of fitness without prior
notice to the owner or occupier concerned.

(4) If the Chief Fire Officer cancels a certificate of fitness in terms of subsection (3), he or she must

(a) furnish the owner or occupier of the building or temporary structure concerned with written notice of the cancella-
tion;
(b) provide the owner or occupier a period of at least 20 days to make written representations regarding the cancel-
lation; and
(c) consider any representations received.

(2) The Chief Fire Officer may, after considering the representations contemplated in subsection (4), reverse the decision to
cancel the certificate of fitness.

Part 5: Water supply for fire-fighting purposes

Township development water supply requirements

25. (1) Every person who develops or redevelops a township must design and develop that township with a sufficient water supply
for purposes of fire-fighting by members of the Service.

(2) Every person who develops or redevelops a township must ensure that

(a) the storage capacity and rate of replenishment of the reservoirs supplying water to the township are sufficient for
the fire-fighting purposes contemplated in these By-laws;
(b) the water supply from these reservoirs is reticulated in a manner that ensure that the water supply to any area in
the township can be provided from at least two directions; and
(a) double supply mains are installed from the water supply source to the distribution reservoirs and double pumps
are installed for the delivery of the water supply.

(3) Subsection (2) (c) is deemed to be satisfied, if

(a) the water is supplied to the township from more than one reservoir;
(b) each reservoir receives water from a separate supply main and pump; and
(c) the reservoirs are connected to each other.

22

(2) Every person who develops or redevelops a township must ensure that

(a) the water distribution system is designed and equipped with control valves positioned so that it is not necessary
to close off any branch or any portion of the distribution system for more than 150 metres in any high risk area or
for more than 300 metres in any moderate or low risk area in the event that the system, excluding any of the
branches, is damaged or requires repair; and
(b) if the redevelopment of any township alters the fire risk category of any area in the township as contemplated in
section 28, the water reticulation system is adapted without delay so as to comply with the requirements of sec-
tion 26 and 27.

Township development fire-extinguishing stream requirements

26. Every person who develops or redevelops a township must ensure that the water supply provides a fire-extinguishing stream
that is immediately available to members of the Service in an emergency, of the following volume and duration:

Township development fire hydrant requirements

27. (1) Every person who develops or redevelops a township must ensure that fire hydrants are plotted on a plan and installed in
accordance with the following minimum delivery volumes and distance frequencies:

(2) Every person who develops or redevelops a township must ensure that the position of the fire hydrants is plotted
accurately on a plan that is furnished to the Chief Fire Officer for operational fire-fighting purposes.

Fire risk categories

28. (1) For purposes of section 26 and 27, the following areas of township must be regarded

(a) as high risk -

(i) any factory area, high density shopping area, warehouse or commercial building;
(ii) any plantation, timber yard or wooden building;
(iii) any building higher than 3 storey;
(iv) any building in which hazardous substances are used, handled or stored or in which hazardous proc-
esses are conducted; and
(iv) any other area that has a high fire risk or high fire spread risk;

(a) as moderate risk

(i) any area in which

(aa) factories, commercial buildings or residential buildings are generally detached from each other and do
not exceed 3 storey; and

Fire risk category Minimum volume of extinguishing
stream (litres per minute)
Minimum duration of extinguishing
stream (hours)
High risk 11 500 6
Moderate risk 5 750 4
Low risk 2 300 2
Fire risk category Minimum volume of extinguishing
stream (litres per minute)
Minimum duration of extinguishing
stream (hours)
High risk 1 980 120
Moderate risk 1 150 180
Low risk 900 240

(aa) the Chief Fire Officer has not declared the materials processed or stored in these buildings as highly
dangerous;

(ii) any area where the fire risk and spread risk of fire is moderate;
(iii) any area where the fire risk or risk of spread of fire is slight or insignificant.

Connections to water reticulation system

29. (1) No person may obtain a water connection to the water reticulation system of the Council unless the fire protection plans for
the premises to be connected have been approved by the Chief Fire Officer.

(2) Every person or owner of premises who requires a water connection to the water reticulation system of the Council must

(a) if the premises to be connected are protected by a sprinkler installation, ensure that -

(i) the connection is calculated and designed for each sprinkler installation in accordance with a rational
design as contemplated in the National Building Regulations and Building Standards Act, and
(ii) the size, delivery pressure and flow of the water connection is calculated in advance by the responsible
engineer;

(b) if the Chief Fire Officer requires a larger water connection for purposes of fire-fighting, provide the larger water
connection;
(c) ensure that the size, work pressure and delivery flow, except in the case of a water connection to a sprinkler
installation, is calculated and designed in accordance with SABS 0400 (Part W); and
(d) ensure that the water installation upon completion complies with the provisions of SABS 1: 1994.

Chapter 3

CONTROL OF FIRE WORKS

Use of fireworks prohibited in certain circumstances

30. (1) Unless so authorized in terms of section 33, no person may use fireworks

(a) within 500 metres of any explosive factory, explosives storage place, petrol depot or petrol station;
(b) inside any building;
(c) on any agricultural holding;
(d) at any public place; or
(e) at any school, old age home or hospital.

(2) No person may light or ignite fireworks in any place where animals are present.

(3) Unless so authorized in terms of section 33, no person may light or ignite fireworks on any day or at any time except

(a) New Years Eve from 23h00 to 01h00;
(b) New Years Day from 19h00 to 22h00;
(c) Hindu New Year from 19h00 to 22h00;
(d) Lag bomer from 19h00 to 22h00;
(e) Chinese New Year from 19h00 to 22h00;
(f) Human Rights Day from 19h00 to 22h00;
(g) Freedom Day from 19h00 to 22h00;
(h) Guy Fawkes Day from 19h00 to 22h00;
(i) Divail from 19h00 to 22h00;
(j) Christmas Eve from 19h00 to 22h00; and
(k) Day of Goodwill from 19h00 to 22h00;

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(3) No person may allow any minor under his or her control to use, light or ignite fireworks in contravention of subsection (1),
(2) or (3).

Fireworks display prohibited unless authorized

31. No person may present a fireworks display unless

(a) authorized to do so by the Council as contemplated in section 33;
(b) authorized to do so by the Civil Aviation Authority and the Chief Inspector of Explosives;
(c) the display is at all times under that persons supervision and control;
(d) the Service and a suitably qualified explosive expert from the South African Police Services are at all times in
attendance at the display;
(e) that person has ensured that

(i) an area with a radius of at least 50 metres is clearly demarcated for the fireworks at the display; and
(ii) measures are in place to prevent any person who is not involved in the presentation of the display from
entering this launching area; and

(f) a pyrotechnics is at all times present and responsible for the use of fireworks at the display.

Application to present fireworks display

32. (1) Any person who wishes to present a fireworks display must apply to the Chief Fire Officer for authorization by completing
and submitting an application in the form and manner determined by the Council together with the prescribed fee and the
following documentation:
(a) proof of permission for the fireworks display from the Civil Aviation Authority;
(b) proof that an application for the fireworks display has been submitted to the Chief Inspector of Explosives;
(c) a letter of consent from the owner or person responsible for the property on which the fireworks display is pro-
posed to be presented; and
(d) a sketch plan of the proposed venue for the fireworks display, including the demarcated area for the launching of
the firework.

(2) The application, prescribed fee and accompanying documentation must be submitted to the Chief Fire Officer at least 14
days before the date of the proposed fireworks display.

Authority to present fireworks display

33. (1) If the Council decides to approve an application to present a fireworks display, it must provide the applicant with written
confirmation of its decision and any conditions that it may impose to safeguard persons and property.

(2) The Council may require that the fireworks display be presented only on suitable premises designated by the Council and
under the supervision and control of an official designated by the Council.

Dealing in fireworks

34. (1) No person may deal in fireworks unless

(a) that person holds the required fireworks licence in terms of the Explosive Act; and
(b) has the written authority of the Chief Fire Officer

(2) Any person who wishes to obtain the written authority of the Chief Fire Officer to deal in fireworks as contemplated in sub
section (1) (b), must -

(a) complete an application in the form and manner determined by the Council; and
(b) submit it to the Chief Fire Officer together with the prescribed fee at least 30 days before the authority is required
by the applicant.

(3) The Chief Fire Officer may cancel any written authority to deal in fireworks if the holder of the authority contravenes or fails
to comply with any provision of these By-laws or any other applicable law.


Chapter 4

CERTIFICATE OF REGISTRATION FOR USE, HANDLING AND STORAGE OF FLAMMABLE SUBSTANCES

Use, handling and storage of flammable substances prohibited in certain circumstances

35. (1) Subject to the provisions of subsection (3), no person may use, handle or store any flammable substance or allow such
substance to be used, handled or stored on any premises unless that person is the holder of a certificate of registration
issued by the Chief Fire Officer in respect of the flammable substance and the premises concerned.

(2) A certificate of registration contemplated in subsection (1) is not required if the flammable substance concerned is of any
class and does not exceed the quantity stipulated in Schedule 2.

(3) No person may use, handle or store any flammable substance in respect of which no certificate of
registration is required or allow such substance to be used, handled or stored on any premises, unless
the flammable substance

(a) is used, handled or stored in a manner that ensures that

(i) no flammable substance nor any flammable substance fumes come into contact with any source of
ignition that may cause the flammable substance or fumes to ignite;
(ii) in the event of a fire or other emergency, the escape of any person or animal is not hindered or
obstructed in any way; or

(b) is used, handled or stored

(i) in a naturally ventilated room that prevents the accumulation of fumes or gas;
(ii) in a suitable place outdoors that ensure the safe disposal of fumes or gas;

(c) the flammable substances is stored in strong, gas-tight and labeled containers.

Application for certificate of registration for flammable substances

36. An application for a certificate of registration contemplated in section 35 (1) must be completed and submitted in the form and
manner determined by the Council, together with the prescribed fee.

Issue of certificate of registration

37. (1) If the Chief Fire Officer issues a certificate of registration to any person, that Officer must endorse on the certificate

(a) the class and quantity of the flammable substance for which the premises have been registered;
(b) the number of storage tanks or storage facilities on the premises and their capacities;
(c) the number of flammable substance storerooms on the premises and their capacities;
(d) the number of liquefied petroleum gas installations, types of installations and the combined capacity of all cylin-
ders that may be stored on the premises;
(e) the number of storage facilities for any other flammable substance and the volume of each such facility;
(f) the period of validity and expiry date of the certificate; and
(g) the physical address of the premises and the name and postal address of the occupant.

(2) A certificate of registration

(a) is not transferable between premises;
(b) may not be issued by the Chief Fire Officer for a period exceeding 12 months;
(c) may be transferred to the new owner of the premises in respect of which it was issued, only if an
application for such transfer is approved by the Chief Fire Officer in writing.

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(3) A certificate of registration is valid only for

(a) the installation for which it was issued;
(b) the stage of the premises at the time of issue; and
(c) for the quantities of flammable substance stated on the certificate.

Availability of certificate of registration at premises

38. The holder of a certificate of registration must ensure that the certificate is available on the premises concerned at all times for
inspection by any member of the Service.

Fire-fighting equipment

39. (1) Any person who holds a certificate of registration or other authorization contemplated in these By-laws must ensure that
the premises to which the authorization applies, are equipped with

(a) subject to the provisions of subsection (6), portable fire extinguishers

(i) as specified in SABS 1567 (carbon dioxide-type), SABS 810 (dry chemical-type), SABS 1573 (foam-
type) and SABS 1571 (transportable-type);
(ii) in such numbers as is appropriate in each section of the premises in accordance with the SABS codes
applicable to the flammable substance and risk concerned;

(b) if applicable, hose reels as specified in SABS 453 (hose reels), that are connected to a water supply

(iii) as contemplated in SABS 0400 (Part W); and

(iv) that enables each hose reel to maintain a minimum flow of 0.5 litres per second at a minimum work
pressure of 300 kPa;

(c) if applicable, fire hydrants

(v) with couplings as specified in SABS 1128 (Part II) (fire-fighting equipment couplings); and

(vi) in a ratio of at 1 to every 1000 square metres or part thereof; and

(d) if applicable, in relation to any above-ground facility, a sprinkler system or delute system that
(vii) is approved by the Chief Fire Officer; and

(viii) with the exception of temporary storage facilities, is installed in a position indicated in the building
plans for the premises.

(2) Notwithstanding the provisions of subsection (1), if the Chief Fire Officer believes that there is any exceptional hazard or
risk in respect of the premises concerned, he or she may

(a) specify the type of firer extinguishers to be installed;
(b) require that a greater number of fire extinguishers be installed; and
(c) require that a fire detection or warning system be installed.

(3) The holder of any certificate of registration or other authorization contemplated in these by-laws must ensure that all fire-
fighting equipment contemplated in subsection (1) -

(a) is inspected, maintained and serviced to the satisfaction of the Chief Fire Officer -


(i) by a competent, registered and appropriately qualified tradesman in accordance with the provisions of
SABS 1015 and SABS 1475;

(ii) at least every 12 months;

(b) if installed outside the premises, is adequately protected from the weather; and
(a) is positioned prominently or where this is not possible, the position of the fire-fighting equipment is clearly indi-
cated by a symbolic safety sign

(i) in accordance with the specifications of SABS 1186; and

(ii) to the satisfaction of the Chief Fire Officer.

Amendment to certificate of registration

40. The Chief Fire Officer may amend any certificate of registration on application by the holder.

Cancellation of certificate of registration

41. The provisions of section 24, read with the necessary changes, apply to any cancellation by the Chief Fire Officer of a certificate of
registration.

Renewal of certificate of registration

42. Any application for the renewal of a certificate of registration must be submitted to the Chief Fire Officer at least 30 days prior to the
expiry date of the certificate

No authorization required for certain motor vehicle fuel tanks

43. No certificate of registration contemplated in section 35 or any other authorization contemplated in these by-laws is required in re-
spect of flammable liquids in a fuel tank

(a) of any motor vehicle; and
(b) of any stationery engine if the volume of the fuel tank does not exceed 1 000 litres.

Record of certificates of registration

44. The Chief Fire Officer must keep updated records of all premises in respect of which a certificate of registration has been issued,
amended or renewed,

Chapter 5

GENERAL PROVISIONS REGARDING THE USE, HANDING AND STORAGE OF FLAMMABLE SUBSTANCES

General prohibitions regarding use, handling and storage of flammable substances

45. (1) No person who uses, handles or stores a flammable substance or allows them to be used, handled or stored on any
premises may

(a) do anything or allow anything to be done that may result in or cause a fire or explosion;
(b) do anything or allow anything to be done that may obstruct the escape to safety of any person or animal during
an emergency.
28

(2) No person may

(a) dump or spill or allow the dumping or spilling of any flammable substance into any borehole, sewer, drain system
or surface water;
(b) discard or allow the discarding of any flammable substance from any premises in any way other than by a com-
petent person who is properly equipped and authorized to do in terms of these by-laws;
(c) make or bring any fire or device capable of producing an open flame or allow any other person to do so, within 5
metres of any place where flammable substance is stored;
(d) use or allow to be used any device in connection with a flammable substance in any basement level of a build-
ing, other than a gas welding or cutting device, used for the sole purpose of maintenance of the building;
(e) while any person, except the driver or any other person responsible for a bus contemplated in the National Road
Traffic Act, is in or on the bus

(i) fill or allow the filling of its fuel tank; or

(ii) transport or allow the transport of any flammable substance on the bus, except in a fuel tank; and

(f) deliver or supply or allow to be delivered or supplied, any flammable substance to any premises unless the
owner or person in charge of the premises is in possession of a valid certificate of registration.

Use, handling and storage of liquefied petroleum gas

46. (1) No person may use, handle or store liquefied petroleum gas in any quantity exceeding that stipulated in Schedule 2
unless -

(a) the person is in possession of a certificate of registration contemplated in section 35; and
(b) the use, handling and storage of the liquefied petroleum gas complies with the requirements of SABS 087, Parts 1, 3,
7 and 10.

(2) Liquid petroleum gas may only be used, handled or stored within property boundaries and in compliance with safety
distances stipulated in SABS 087, Parts 1, 3, 7 and 10.

(3) Any storage of liquid petroleum gas cylinders at any service station for retail purposes must comply with SABS 087, Part 7.

(4) No liquid petroleum gas cylinder may be used, handled or stored at any public exhibition or demonstration without the prior
written permission of the Chief Fire Officer.

(5) An application for permission contemplated in subsection (4) must be made in writing at least 14 days before the event
concerned.

(6) The Chief Fire Officer may impose any reasonable condition on the use, handling and storage of liquid petroleum gas cyl-
inders at a public exhibition or demonstration, including but not limited to, the number of cylinders, the manner of storage,
safety distances and other safety requirements.

(7) Any person using, handling or storing any liquid petroleum gas cylinder at any public exhibition or demonstration must
comply with any condition imposed in terms of subsection (6).

Display of symbolic warning signs required

47. (1) The owner of any premises where any flammable or explosive substance is used, handled or stored must, in the affected
area of the premises, display symbolic signs -

(a) prohibiting smoking and open flames;
(b) of a size and number determined by the Chief Fire Officer; and
(c) prominently in places where the signs can be clearly observed.

(2) No person may disregard or allow to be disregarded any prohibition on a symbolic sign displayed in terms of subsection
(1).


Duties to report fires, accidents and dumping

48. If any fire, accident or dumping involving a flammable substance has caused damage to any person, animal, property or the environ-
ment on any premises, the owner or occupier of the premises must immediately report it to the Chief Fire Officer.

Chapter 6

STORAGE OF FLAMMABLE SUBSTANCES

Storage of flammable substances prohibited in certain circumstances

49. No person may store or allow the storage of any flammable substance in any storeroom unless -

(a) that person has a certificate of registration contemplated in section 35; and
(b) the storeroom complies with the requirements of these By-laws and any other applicable law.

Symbolic safety signs must be displayed

50. The holder of a certificate of registration for a storeroom to be used for any flammable substance must ensure that

(a) symbolic safety signs prohibiting open flames and smoking are displayed in the storeroom -

(i) of a number determined by the Chief Fire Officer;

(ii) of dimensions at least 290 millimetres by 200 millimetres; and

(iii) manufactured in accordance with SABS 1186;

(b) the groups of flammable substances and their corresponding quantities which may be stored in the storeroom are
indicated on the outside of every door to the storeroom in red letters at least 75 millimetres high, against a white back
ground.

Construction of flammable substance storeroom

51. Every storeroom must be designed and constructed according to the following criteria:

(a) the storeroom floor must consist of concrete;
(b) the storeroom walls must consist of material that has a fire resistance of a least 120 minutes;
(c) the storeroom roof must consist of
(i) reinforced concrete with a fire resistance of at least 120 minutes; or

(ii) any other non-combustible material, if the storeroom

(aa) is not situated within 5 metres of any adjacent building or boundary of the premises; or
(bb) adjoins a higher wall with no opening within 10 metres above and 5 metres on either side of the store-
room.

Requirements for storeroom doors

52. (1) Every storeroom must be equipped with a fire rated fire door that

(a) is manufactured and installed in accordance with SABS 1253;
(b) opens to the outside;
(c) is equipped with a lock or locks approved by the Chief Fire Officer; and
(d) is at all times capable of being opened from the inside of the storeroom without the use of a key.

30

(2) A storeroom must be equipped with two or more fire doors if the distance to be covered from any part in that storeroom to
a door is 4 metres or more, in which case, the fire doors must be installed as far from each other as is practicable in the
circumstances.

(3) Fire doors contemplated in subsections (1) and (2) must if installed on

(a) external walls, be B class fire doors; and
(b) internal walls in communication within a building, be D class fire doors.

Requirements for storeroom windows

53. (1) Every storeroom window frame must

(a) consist of steel;
(b) have window panels of dimensions not exceeding 450 millimetres x 450 millimetres; and
(c) be fitted with wire glass of a thickness not less than 8 millimetres.

(2) No storeroom window must be capable of being opened.

(3) Every storeroom window must be fitted to the external wall of a building.

Requirements for storeroom catch pits

54. (1) Every storeroom must be designed and constructed so that its floor is recessed below the level of the doorsill to form a
catch pit

(a) with a holding capacity at least equal to the total volume of hazardous substances capable of being stored in the
storeroom, plus 10 percent; and
(b) if required by the Chief Fire Officer

(i) covered at door sill level by a strong, stable, non- combustible and oxidation free floor grill; and

(ii) equipped, at its lowest level, with a non-corrosive drainage valve for cleaning purposes and product
recovery

(2) The floor grill contemplated in subsection (i) must contain a suitably positioned access hatch for cleaning purposes.

Ventilation of storerooms

55. (1) Every storeroom must be designed and constructed to ensure

(a) the effective ventilation of flammable substance fumes;
(b) that fumes released from the storeroom into the open air will not come into contact with any source of ignition.

(2) If the storeroom is designed and constructed for natural ventilation, the owner or person in charge of the storeroom must
ventilate the storeroom at a minimum cycle of 30 air changes per hour by installing non-combustible airbricks

(a) that are not less than 140 millimetres by 250 millimetres in extent, with non-corrosive gauze wire with a minimum
opening diameter of 0.5 millemetres;
(b) that are provided in at least 3 external walls of the storeroom; and
(c) that are positioned 100 millimetres above the level of the sill and 100 millimetres below the level of the roof and
not more than 450 millimetres apart.

(3) If the storeroom is designed and constructed for mechanical ventilation, the owner or person in charge of the storeroom
must equip it with a mechanical ventilation system

(a) designed and installed for this purpose;


(a) with a flow rate of 0.5 meters / second across the store;
(b) with vanes that consists of a static-free material;
(c) that discharged through a vertical metal duct into the open air -

(i) not situated within 5 metres opening of a building or erf boundary; and

(ii) termination at least 1 meter above roof height or at least 3.6 meters above ground level, whichever is
the greater;

(d) equipped with ventilators that are firmly attached to the inside of the walls of the storeroom and, in the case of
bottom ventilators, as close as possible to the level of the sill;
(e) with all ventilation or air duct openings in the external wall opposite the mechanical ventilator installed 100
millimetres above the level of the sill to ensure effective cross-ventilation; and
(f) equipped with ducting material that

(i) is as short as possible in the circumstances and does not have sharp bends; and

(ii) is fitted with a fire damper of at least 120 minutes fire resistance at any point where the ducting exits
the storeroom, if ducting material is installed external to the storeroom in communication with the re-
mainder of the building.

Electrical equipment in storerooms

56. (1) The owner or person in charge of any storeroom must ensure that

(a) all as short as possible apparatus, fittings or switch gear used or installed in the storeroom are used or installed
as contemplated in SABS 0108;
(b) no switch gear, distribution box, fuse or other electrical equipment, except electrical equipment as contemplated
in SABS 0108, is situated
(i) inside the storeroom; or

(ii) in any position where it may come into contact with any flammable substance fumes leaving the store-
room;

(c) any metal part, electrical fittings and device used in or in connection with the storeroom are earthed effectively to
each other and to the ground;

(d) any mechanical ventilation system switch is situated outside the storeroom;
(e) any mechanical ventilation system is on at all times, except when the system is being repaired or replaced, in
which case the system must be repaired or replaced without delay; and

(2) Any electrical installation in a storeroom may be installed and certified only by an electrician who is qualified and
competent by virtue of his or her training and experience.

(3) The owner or person in charge of a storeroom must submit the certificate contemplated in subsection (2) to the Chief Fire
Officer for record purposes immediately after installation contemplated in that subsection.

Foam inlets required for certain storeroom

57. The owner or person in charge of a storeroom that is used or intended to be used for storing more than 5000 litres of flammable sub-
stance must ensure

(a) that the storeroom is provided with a foam inlet consisting of a 65mm male instantaneous coupling and mild steel
pipe work leading to the inside thereof; and
(b) that the foam inlet is identified by a sign in block letters at least 100 millimetres high, displaying the words foam
inlet.
32

Shelving in storerooms

58. The owner or person in charge of a storeroom must ensure that any racking of shelving erected or installed in the storeroom is of
non-combustible material.

Unauthorized use and entry of storerooms prohibited

59. No person may

(a) without the authority of the owner or person in charge, enter or allow any other person to enter any storeroom;
(b) use any storeroom or allow it to be used for any purpose other than for the use, handling or storage of flammable
substances;
(c) allow any person to work in a storeroom unless all the doors of the storeroom are wide open or the mechanical
ventilation system is switched on; or
(d) place or allow to be placed any obstruction or hindrance in a passage of any storeroom or in front of any store-
room door.

Mixing and decanting rooms

60. The owner or person in charge of any premises where quantities of flammable liquids exceeding those stipulated in Schedule 3 are
decanted or mixed, must ensure that any room where decanting or mixing takes place complies with all requirements of this Chapter
applicable to storerooms.

Temporary above ground storage of flammable substances

61. (1) Any person who wishes to store any flammable substance on premises on a temporary basis, must apply to the Chief Fire
Officer for a temporary certificate of registration.

(2) A temporary certificate of registration may be issued by the Chief Fire Officer

(a) for a period not exceeding 12 months;
(b) if the flammable substance concerned is required

(i) in respect of excavation work, construction work or road construction if the volume of the flammable substance
does not exceed 9 000 liters;

(ii) in respect of small fleet maintenance or research purposes, if the volume of the flammable substance does not
exceed 4 400 liters; and

(iii) the application complies with the requirements of SABS 0131 and this Chapter.

(3) Every holder of a temporary certificate of registration contemplated in subsection (1) must ensure that -

(a) a storage tank for the flammable substance is not erected within 3.5 metres of any erf boundary, building, exca-
vation, road, driveway or any other flammable substances or combustible material;
(b) adequate provision is made for rainwater run-off retaining walls or embankments;
(c) no source of ignition or potential source of ignition exists within 5 metres of a storage tank;
(d) a symbolic sign of dimensions at least 300 millimetres by 300 millimetres prohibiting smoking and open flames is
displayed on every side of a temporary storage tank; and
(e) at least two 9 kilogram dry chemical fire extinguishers are installed and kept in good working condi-
tion, within 10 metres of a temporary storage tank.

Hand tools must be intrinsically safe

62. The owner or person in charge of any flammable substance storeroom must ensure that any hand tool used in the storeroom is
intrinsically safe.

Permanently above ground storage tanks for flammable liquid

63. (1) In addition to any other requirement of this Chapter, the owner or person in charge of an above ground storage
tank for flammable liquids must ensure

(a) that the tank is erected or installed

(i) in accordance with SABS 0131 and SABS 089, Part I;

(ii) at least 3.5 metres from any erf boundary, building, excavation, road, driveway or any other
flammable substance, combustible substances or combustible material;

(2) Any electrical installation associated with the storage tank must comply with SABS 0108 and SABS 089, Part
2.

Underground storage tanks for flammable liquids

64. The owner or person in charge of any premises used or intended to be used for the underground storage of any flamma-
ble liquid must ensure that any underground storage tank, pump, dispenser and pipe work is erected or installed in
accordance with SABS 0400, SABS 089, Part 3 and SABS 0130.

Installation, erecting, removing and demolishing prohibited without prior notice

65. (1) No person may, in respect of registered premises, erect, install, remove, demolish, extend or change any
delivery pump, storage tank, storeroom, spraying room, gas installation, storage facility, fire protection
arrangement or floor layout unless that person has given the Chief Fire Officer at least three working days
prior written notice of the intention to do so, in the form and manner determined by the Council.

(2) The notice in term of subsection (1) must include the intended commencement date and estimated completion
date of the proposed work.

(3) The provisions of subsection (1) do not apply to

(a) the temporary removal of equipment for purposes of carrying out necessary repairs;
(b) the necessary replacement of equipment or their parts; and
(c) the replacement of any storage tank with a tank of the same capacity.

Repair and maintenance of access to storage tanks

66. No person may enter or allow any other person to enter any storage tank that has at any time contained a flam-
mable substance -

(a) until such tank has been de-aerated and made free of gas and fumes as contemplated in SABS 089 (Part I); or
(b) unless that person

(i) is wearing an affective self-supporting breathing apparatus; and

(ii) is attached to a rescue rope under the control of a competent and responsible person.

Termination of storage and use of flammable substances

67. (1) If an aboveground or underground tank installation, liquid petroleum gas installation or associated pipe work is
no longer required for the storage or use of a flammable substance, the owner or person in charge of the
premises on which the installation is located, must -

(a) notify the Chief Fire Officer in writing within seven days of such storage or use ceasing;
(b) ensure that the flammable substance is removed from the installation and the premises are rendered
safe within 30 days of the cessation;
(c) unless the Chief Fire Officer directs otherwise, remove the installation including any associated pipe
work from the premises within 180 days of the cessation; and
(d) to the satisfaction of the Council, restore any public foot path or roadway that has been disturbed by
the removal of the installation within a period of 7 days of completing such removal.
34
(2) Notwithstanding the provisions of subsection (1) if the removal of any underground tank installation for the storage of a
flammable substance will detrimentally affect the stability of the premises concerned, the owner or person in charge of the
installation may, with the prior written permission of the Chief Fire Officer, fill the underground tank with liquid cement
slurry.

Container handling and storage

68. (1) Every flammable substance container must

(a) be kept closed when not in use;
(b) be declared gas or vapour free by a competent person before any modification or repairs are undertaken;
(c) be manufactured and maintained in such condition as to be reasonably safe from damage and to prevent leak-
age of any flammable substance or vapour from the container.

(2) Every flammable liquid container must be labeled and marked with words and details indicating the flammable liquid con-
tained in the container as well as any hazard associated with the flammable liquid.

(3) No person may extract flammable liquid from a container of a capacity exceeding 200 litres, unless the container is fitted
with an adequately sealed pump or tap.

(4) Any empty flammable liquid container must be stored in a storeroom.

(5) Notwithstanding the provisions of subsection (4) the Chief Fire Officer may permit the storage of any empty flammable
liquid container in the open air if no storeroom is available and if he or she is satisfied that -

(a) the storage area is in a position and of sufficient size that a fire hazard or other threatening danger will not be
caused;
(b) the storage area is well ventilated and enclosed by a wire mesh fence;
(c) the fence supports are of steel or reinforced concrete;
(d) the storage area has an outward opening gate that kept locked when not in use;
(e) when the floor area exceeds 10m an additional escape gate is installed and fitted with a sliding bolt or other
similar locking device that can be opened from the inside without the use of a key; and
(f) the storage area is free of vegetation and has a non-combustible, firm and level base.

(6) When the quantity of flammable and combustible liquids to be stored is more than 100 litres of class I and/or more than
210 litres of class II and class III A combined, such flammable and combustible liquids must be stored in a store room.

Chapter 7

TRANSPORT, SUPPLY AND DELIVERY OF DANGEROUS GOODS

Transport of dangerous goods prohibited without permits

69. The owner of any vehicle used for transporting dangerous goods, must

(a) be in possession of a valid transport permit issued by the Chief Fire Officer in accordance with the National Road
Traffic Act; and
(b) ensure that the transport permit is available in the vehicle for inspection at all times.
Application for transport permits

70. An application for a transport permit must be completed and submitted to the Chief Fire Officer in the form and
manner determined by the Council together with the prescribed fee.

Requirements of transport permits

71. A transport permit -

(a) may not be issued by the Chief Fire Officer for a period of longer than 12 months; and
(b) must

(i) indicate the date of issue and expiry;

(ii) identify the issuing officer and bear that officers signature;

(iii) contain a serial number;

(iv) indicate the group and quantity of dangerous goods that may be transported under the permit;
and

(v) contain a description of the vehicle concerned, including its registration number.

Cancellation of transport permit

72. The provisions of section 24, read with the necessary changes, apply to any cancellation of a transport permit by the Chief Fire
Officer.

Exemption from transport permit

73. A transport permit contemplated in section 69 is not required for the transportation of dangerous goods of the type and not exceed-
ing the quantities stipulated in Schedule 3.

Design, construction, maintenance and repair of road tankers

74. Every person who designs, constructs, maintains or repairs any road tanker for the transportation of dangerous goods must -

(a) comply with the provisions of SABS 0189, SABS 1398, SABS 0233, SABS 087, Part 6 SABS 089, Part 1, SABS
0230 and SABS 1518, as the case may be; and
(b) ensure that the road tanker is labeled in a manner that complies with the provisions of SABS 0230 and any appli-
cable law.

Design, construction, maintenance and repair of other vehicles

75. Every person who designs, constructs, maintains or repairs any vehicle for the transportation of dangerous goods, except a road
tanker, must ensure that the vehicle -

(a) is designed and constructed

(i) to safety transport the quantity and type of dangerous goods for which the vehicle is intended to be
used; and

(ii) with at least two independent axle systems, each with its own suspension system, excluding any trailer
forming part of an articulated vehicle;

(b) is equipped with

(i) a safety edge or safety railing -

(aa) at least 1 metre high when measured from the surface of the body of the vehicle;
and

(bb) capable of securing dangerous goods containers;
(ii) strong and durable straps

(aa) capable of fastening dangerous goods containers securely to the body of the vehicle;

(bb) that are anchored firmly to the bodywork of the vehicle; and

(cc) that are fitted with a reversible cog winch mechanism that can be locked;

(iii) electrical wiring that complies with SABS 314;

(iv) at least 2 static-free wheel blocks;
36

(v) a power insulating switch, excluding the ignition switch, situated in close proximity to the vehicle
battery and in a position readily accessible in any emergency; and

(vi) a spark-proof and static-free tank that is designed, constructed and equipped to protect any dangerous
goods consignment from shock or ignition while in transit.

General prohibitions regarding transport of dangerous goods

76. (1) No person may use or allow to be used, any vehicle to transport dangerous goods, unless -

(a) the vehicle has a valid roadworthy certificate;
(b) not exempt in terms of section 73, the vehicle is equipped with at least two 9 kilogram dry chemical fire extin-
guishers -

(i) designed and manufactures in accordance with SABS 810 and maintained in accordance with SABS
0105 and SABS 1475; and

(ii) positioned and installed so that there is at least one fire extinguisher on each side of the vehicle that
can be reached quickly and easily in the event of a fire.

(2) No person may use or allow to be used any vehicle to transport dangerous goods unless the vehicle cabin, body, cargo
space, cargo tank, fuel tank, chassis and engine are effectively and permanently earthed with each other.

Supply of dangerous goods prohibited in certain circumstances

77. (1) No person may deliver or supply or allow to be delivered or supplied any dangerous goods of a type and in a quantity
exceeding that specified in Schedule 2 to any premises that are not registered as contemplated in section 35.

(2) No person may deliver or supply or allow to be delivered or supplied any dangerous goods to any premises in contraven-
tion of any conditions of the certificate of registration applicable to those premises.

(3) No person may handle or allow to be handled any container containing dangerous goods in a manner that may damage
that container.

(4) Every person who delivers dangerous goods must ensure that -

(a) a 9 kilogram dry chemical fire-extinguisher is available at all times during the delivery;
(b) during any transfer of the dangerous goods, the delivery vehicle is physically earthed to the storage facility to
which the dangerous goods are being transferred;
(c) while delivery

(i) the delivery vehicle is placed in such a position that it can be moved easily and quickly in the event of
an emergency;

(ii) the delivery vehicle is not parked on or across a payment or a road;

(iii) no delivery hose lies on or across a pavement, road or other premises;

(d) no dangerous goods are transferred to a storage facility that does not comply with the requirements of Chapter 6
and the provisions of SABS 0263;
(e) any device connected with, or used for, the delivery of the dangerous goods -

(i) is designed for its purpose; and

(ii) is maintained in a safe and good working condition; and

(a) no dangerous goods are spilled during delivery.

(5) No person may transfer or allow to be transferred any dangerous goods to any motor vehicle, aircraft, vessel, ship or boat
while its power source is in operation.


(6) No person may transfer any dangerous goods to any aircraft unless the aircraft is earthed to the transferal device by
means of an earth cable.

Records of transport permits

78. The Chief Fire Officer must keep updated records of all vehicles in respect of which a transport permit has been issued, amended
or renewed.

Chapter 8

SPRAY PAINTING

Spraying prohibited without spraying permit

79. (1) No person may spray, coat, plate or epoxy-coat any vehicle, article, object or building or part thereof or allow them to be
sprayed, coated, plated or epoxy-coated with any flammable substance unless -

(a) that person is in possession of a spraying permit contemplated in section 80;
(b) the spraying, coating, planting or epoxy-coating as the case may be is conducted in a spraying room approved
by the Chief Fire Officer on premises registered for that purpose.

Application for spraying permit

80. Any person who wishes to obtain a spraying permit must -

(a) complete and submit to the Chief Fire Officer an application from for such permit in the form and manner deter-
mined by the Council; and
(b) pay the prescribed fee.

Cancellation of spraying permit

81. The provisions of section 24, read with the necessary changes, apply to the cancellation by the Chief Fire Officer of any spraying
permit.

Duties of owner, occupier or person in charge of spraying room

82. Every owner, occupier and person in charge of a spraying room must ensure that -

(a) the spraying room complies with the requirements of this Chapter; and
(b) every other person on the premises complies with the provisions of this Chapter.

Design and construction of spraying rooms

83. (1) Every spraying room must be designed and constructed according to the following criteria:

(a) every window frame must consist of steel with window panels -

(i) that cannot be opened;

(ii) that do not exceed 450 millimetres x 450 millimetres in size; and

(iii) that are fitted with wire glass with a thickness not less than 8 millimetres;

(b) if based on a brick and concrete construction -

(i) the floor must consist of concrete;

(ii) the walls must consist of brick or concrete;

(iii) the roof must consist of reinforced concrete; and

38
(iv) every door must consist of a Class B-type fire doors as contemplated in SABS 1253; and

(c) if based on a metal structure -

(i) the framework of the structure, including door assemblies must consist of a sturdy steel profile with a
minimum wall thickness of 2.5 millimetres;
(ii) the framework of the entire structure, including any door, must be clad on both sides with sheet metal
with a minimum thickness of 1.3 millimetres;

(iii) the framework of the entire structure must be fume-proof, flame-proof and liquid-proof;

(iv) the floor must consist of concrete or metal;

(v) all material used must have a fire integrity grading of at least 60 minutes; and

(vi) the structure must be constructed, installed and finished so that all surfaces are smooth in order to
prevent any furring which may hamper ventilation, washing or cleaning of the spraying room.

Water floors for spraying rooms

84. Every spraying room which is designed and constructed with a sunken water floor must be designed and constructed so that -

(a) the water is covered at the level of the sill by a sturdy, stable, non-combustible and corrosion-free floor grill capa-
ble of bearing the weight of every person and object in the spraying room; and
(b) the water in the sunken water floor is circulated through an effective non-combustible and cleanable filtering
system by a closed circuit pump circulation system consisting of non-corrosive metal pipes of suitable diameter
and wall thickness.

Electrical equipment in spraying rooms

85. (1) Any electrical apparatus, light, fitting and switch gear installed or used in a spraying room must be installed and used in
accordance with SABS 0108.

(2) Any switch gear, distribution box, fuse and other electrical equipment, except equipment as contemplated in SABS 0108
must -

(a) be located outside the spraying room; and
(b) be positioned so as not to come into contact with fumes from the spraying room.

(3) Any switch for the mechanical ventilation system of a spraying room must be situated outside the spraying room.
(4) Any metal part and electrical fitting and any other device used in, or in connection with, the spraying room,
must be earthed effectively with each other and the ground.

(5) Every electrical installation in a spraying room may be installed only by a suitably qualified electrician who
must -

(a) certify in writing that the installation complies with all applicable legal requirements; and
(b) furnish the certificate to the owner or person responsible for the premises concerned.

(6) The owner or person responsible for the premises on which the spraying room is located must submit the
certificate contemplated in subsection (5) to the Chief Fire Officer without delay.

Location of spraying rooms

86. (1) The owner, occupier and person in charge of a spraying room must ensure that there is an escape opening
between the spraying room and any other activity, process or area on the premises concerned -

(a) of a least 1 200 millimetres wide; and
(b) that must at all times be kept free of any obstruction, refuse or combustible material.

(2) If any other activity or process which may pose a fire hazard is conducted adjacent to a spraying room on any
premises, the escape opening contemplated in subsection (1), must be clearly identified by a fire partition
wall -

(a) of a height at least 300 millimters higher than the roof of the spraying room; and
(b) with a fire resistance of at least 60 minutes.

(3) No more than two sides of a spraying room contemplated in section 83 (1) (c), may border a fire partition wall.

Access to spraying rooms

87. In addition to any door for the access of motor vehicles or other objects to any spraying room, every spraying room
must have at least two hinged doors for escape purposes that -

(a) open to the outside of the spraying room;
(b) have dimension of at least 800 millimetres wide x 2000 millimetres high;
(c) are positioned on opposite sides of the spraying room so that the distance to be covered to any door
when any object is in the spraying room for spraying does not exceed 4 metres; and
(d) are fitted with a locking mechanism that is at all times capable of being opened from the inside of the
spraying room without the use of a key.

Ventilation of spraying rooms

88. Every spraying room must be equipped with a mechanical inlet and outlet ventilation system designed and installed -

(a) so that ventilation of at least 0.5 metres per second is provided across the spraying room;
(b) with vanes consisting of static-free material;
(c) so that it releases fumes into the open air from outlets that are not located within 5 metres of any
opening of a building or erf boundary;
(d) with ventilators that are attached firmly to the inside walls of the spraying room with bottom ventila-
tors affixed as close as possible to the level of the sill;
(e) with ventilation and air duct openings installed in opposite walls, doors or the roof so as to ensure
effective cross-ventilation; and
(f) with ducting material that is fitted with a fire damper and covering of at least 120 minutes fire resis-
tance where the ducting material exists the spraying room, if ducting material is installed external to
the spraying room in communication with the remainder of the building concerned.

Fire dampers, protectors and alarms in spraying rooms

89. (1) A fire damper manufactured and installed in accordance with SABS 193, must be affixed in front of any air
purification filter or part of such filter on the inside of any spraying room.

(2) The fire damper must -

(a) be capable of closing automatically by means of a suitably located sensor that is activated by a rise of
more than 10C in the predetermined working temperature inside the spraying room;
(b) be installed so that it will remain in position even if the air duct distorts during a fire; and
(c) be equipped with an overriding fusible link.
(3) The ventilation system must be equipped with a sensor that -

(a) is capable of turning off the ventilation system and any heating device used in connection with the
spraying room, in the event of a fire or a rise of more than 10C in the predetermined working tem-
perature inside the spraying room; and
(b) activates a visual and audible alarm inside and outside the spraying room in an event contemplated in
paragraph (a).

Design and positioning of ventilation outlets for spraying rooms

90. Every outlet opening from a spraying room must be designed and positioned to release fumes from the spraying room
into the open air at least -

(a) 1 metre above any roof on the premises;
(b) 4 metres above the ground level; and
(c) 5 metres from any opening of a building situated on or adjacent to the spraying room.

40
Display of signs on spraying rooms

91. (1) A symbolic sign prohibition open flames and smoking must be affixed to the inside and the outside of every
door of a spraying room.

(2) A symbolic sign contemplated in subsection (1), must be -

(a) manufactured and installed in accordance with SABS 1186; and
(b) of dimensions at least 290 millimetres by 290 millimetres.

Manifold installations in spraying rooms

92. Every manifold installation of a Group II hazardous substance that forms an integral part of the heating system of any
spraying room must -

(a) comply with SABS 087 (Part 1); and
(b) the requirements of these By-laws.

General prohibitions regarding spraying rooms

93. No person may -

(a) use any spraying room or allow any spraying room to be used unless signs prohibiting open flames
and smoking are affixed to the spraying room in compliance with section 91;
(b) enter a spraying room or allow any other person to enter a spraying room without the authority of the
owner, occupier or person in control of the spraying room;
(c) use any spraying room or allow any spraying room to be used for any purpose other than spray paint-
ing or related activities;
(d) enter any spraying room or allow any other person to enter a spraying room unless the mechanical
ventilation system is operating; or
(e) place any obstruction of hindrance or allow any obstruction or hindrance to be placed in any escape
opening or in front of any door of a spraying room.

Fire extinguishing equipment in spraying rooms

94. (1) Every spraying room must be equipped with -

(a) at least one 9 kilogram dry chemical fire extinguisher installed on the inside of the spraying room;
and
(b) at least one 9 kilogram dry chemical fire extinguisher installed on the outside of the spraying room.

(2) Fire extinguishers contemplated in subsection (1) must be installed in positions approved by a member of the
Service.

(3) Every spraying room must be protected by at least one fire hose reel as specified in SABS 543 -

(a) that is connected to a water supply as contemplated in SABS 0400 (Part W); and that enables the hose
reel to maintain a flow of at least 0.5 litres per second at work pressure of at least 300 kPa.

Chapter 9

FIRE BRIGADE SERVICES

Establishment and maintenance of Service

95. (1) The Council has established a Fire Brigade Service as contemplated in section 3 of the Fire Brigade Service Act.

(2) The Council must maintain the Service, which includes -

(a) appointing a Chief Fire Officer and the necessary members of the Service;
(b) ensuring that they are properly trained; and
(c) acquiring and maintaining the necessary vehicles, machinery, equipment, devices and accessories to ensure
that the Service is effective and able to fulfill its objects.

Objects of Service

96. The objects of the Service are -

(a) to prevent the outbreak and spread of fire;
(b) to fight and extinguish any fire that endangers any person or property;
(c) to protect any person and property against any fire hazard or other danger contemplated in these By-laws; and
(d) to rescue any person and property from any fire or other danger contemplated in these By-laws.

Service to other persons

97. (1) The Service may, provide any service related to its objects to any other person against payment of the prescribed fee.

(2) Any service contemplated in subsection (1), may be terminated without notice if the services, equipment or personnel
involved in providing that service are required to deal with an emergency.

Instructions by members of Service

98. (1) In addition to any powers under section 8 of the Fire Brigade Services Act, a member may give any instruction to any
person in order to secure compliance with these By-laws or to ensure the safety of any person or property.

(2) An instruction may be given orally or in writing and if the instruction is given orally, the member must confirm it in writing and give it
to the person concerned at the earliest opportunity.

(3) An instruction contemplated in subsection (1) may include, but is not limited to an instruction -

(a) for the immediate evacuation of any premises;
(b) to close any premises until such time as any contravention of these By-laws has been rectified;
(c) to cease any activity;
(d) to remove any immediate threat to the safety of any person or property;
(e) to take specified steps to comply with these By-laws, either immediately, for the owner or occupier of the prem-
ises concerned to provide the Chief Fire Officer with a written description of the steps to be taken and a time-
table for the taking of these steps in order to ensure compliance with these By-laws.

Pretending to be member of Service prohibited

99. (1) No person may pretend to be a member.

(2) No person who is not a member may wear any official clothing, uniform, badge or insignia of the Service.

Certificates to identity members of Service

100. (1) The Chief Fire Officer must provide each member with a certificate identifying that person as a member.

(2) A member, while performing any function or exercising any power under these By-laws must -

(a) Keep the certificate provided in terms of subsection (1), on his or her person; and
(b) Produce it for inspection on request by any person.

Cost of analysis samples

101. (1) Any costs incurred by the Council in connection with the analysis of any sample taken from any premises for the purposes
of these By-laws, and a report on such analysis by an institution accredited by the Chief Fire Officer for that purpose may
be recovered from the owner or occupier of that premises if the owner or occupier of the premises is not in compliance with
these By-laws regarding the substance concerned.

42

Chapter 10

MISCELLANEOUS

Handling of animals during emergencies

102. (1) The owner, occupier or person in charge of any zoological garden, feedlot, stable, research institution, veterinary practice
or any place of veterinary science study, must ensure the professional handling of any animal on the premises concerned
during an emergency.

(2) Notwithstanding the provisions of subsection (1), the Chief Fire Officer may, in respect of any premises, authorize a
suitably qualified person to handle or put down of any animal during an emergency.

(3) If an exemption is granted in terms of subsection (2), the Council must issue a certificate of exemption to the person
concerned, specifying the scope and period of the exemption and any condition imposed.

(4) The Council may amend or withdraw a certificate of exemption at any time.

(5) The holder of a certificate of exemption must ensure that the certificate is available on the premises concerned at all times
for inspection by any member.

Approval, authorization or permission under these by-laws

104. Any person who requires any approval, authorization or permission contemplated in these by-laws, in respect of which no application
procedure is provided, must apply for that approval, authorization or permission -

(a) by completing and submitting an application in the form and manner determined by the Council; and
(b) by paying the prescribed fee.

Cancellation of approval, authorization or permission

105. The provisions of section 24, read with the necessary changes, apply to any approval, authorization or permission contemplated
in section 104.

By-laws bind State

106. These by-laws bind the State and any person in the service of the State.

Offences and penalties

107. Any person who -

(a) contravenes or fails to comply with any provision of these by-laws;
(b) fails to comply with any notice issued or displayed in terms of these by-laws;
(c) fails to comply with any lawful instruction given in terms of these by-laws; or
(d) obstructs or hinders, or improperly influences or attempts to do so, any authorized representative or employee of
the Council in the execution of his or her duties or performance of his or her powers or functions under these by-
laws;
is guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six
months, and in the case of a continuing offence, to a further fine not exceeding R50, or in default of payment, to imprisonment not
exceeding one day, for every day during the continuance of such offence, after a written notice has been issued by the Council, and
served on the person concerned, requesting the discontinuance of such offence.

Repeal of by-laws

108. None.

Short title

109. These by-laws are called the Emergency Services By-Laws, 2004.


Schedule 1

GUIDE FOR EMERGENCY EVACUATION PLANS

Content of emergency evacuation plans

1. Every emergency evacuation plan contemplated in section 17 must contain at least the information under the headings below:

(1) Emergency telephone numbers

A list of all relevant emergency telephone numbers.

(2) General information

(a) the physical address of the premises;
(b) a description of the activities on the premises;
(c) the number of persons present on the premises at any time;
(d) an indication of any control room on the premises;
(e) an indication of any alarm system on the premises; and
(f) the particulars and contact details of every responsible person in the event of an emergency;

(3) Area study

An area study addressing the following:

(a) a history of emergency incidents on the premises;
(b) any important and relevant features or landmarks regarding the premises; and
(c) any information regarding adjacent premises that may be relevant to evacuation in an emergency

(4) Socio-economic or other threats

Any socio-economic or other threats and their potential impact on the premises.

(5) Details of available equipment

Particulars and details regarding the position of the following equipment:

(a) equipment in the control room;
(b) firer fighter and first aid equipment on the premises; and
(c) any other equipment which may be relevant in an emergency.

(6) The emergency team

Particulars and details regarding the identity of members of the emergency team, including -

(a) its management;
(b) the continuity officers;
(c) the fire teams; and
(d) the first aid teams.

(7) Duties of emergency team members

The duties and responsibilities of members of the emergency team.

(8) Action plans and emergency procedures

Details of the specific action plans and emergency procedures applicable to the premises.

(9) Building plans and maps

The building plans of the premises and any relevant topographical map must be included in the evacuation plan.

44

(10) Emergency plan register

The plan must include -

(a) an updated register of the emergency evacuation plan;
(b) an updated drill register for the emergency evacuation plan; and
(c) a bomb threat questionnaire.

Review of emergency evacuation plans

2. (1) An emergency evacuation plan must be reviewed and updated by the owner or occupier of the premises concerned at
least once each year and whenever a member of the management of the emergency team ceases to work at the premises.

(2) Whenever an emergency evacuation plan is reviewed and updated, the owner or occupier of the premises concerned must
ensure that all old plans on the premises or in the possession of the management of the emergency team are collected
and destroyed in order to eliminate any confusion regarding the validity and accuracy of the evacuation plan.

Emergency evacuation drills

3. (1) An emergency evacuation plan should be drilled at least twice each year and involve the participation of all persons who
work or reside in the building concerned.

(2) The owner or person in charge of a building should give all persons who are to be involved in an emergency evacuation
drill at least 21 days notice of the drill.

Emergency evacuation awareness

4. Every person who works or resides on premises should be aware of the emergency evacuation plan for that premises.

Training of persons

5. Every person who resides or works on premises with an emergency evacuation plan should be suitably trained in -

(a) first aid or fire fighting;
(b) emergency aid;
(c) emergency evacuation procedures; and
(d) emergency management techniques.

Schedule 2

EXEMPTION FROM CERTIFICATE OF REGISTRATION

A certificate of registration is in terms of section 35 (2) not required if the flammable substances concerned are of a type and do not exceed the
quantity stipulated below:

GASES
Class O Liquefied petroleum gas Flat-Total cylinder capacity may not ex-
ceed 9kg per flat

Houses or commercial premises Total
maximum of 19kg inside and total maxi-
mum of 100kg on premises

Industrial premises - Maximum of 19 kg
per 600 m of building space with a total
maximum of 100kg


_______________________________________________________________________________________________________

Schedule 3

EXEMPTION FROM TRANSPORT PERMIT

A transport permit is in terms of section 73 not required for the transport of dangerous goods of the type and not exceeding the quantity stipu-
lated below.

FLAMMABLE LIQUIDS AND COMBUSTIBLE LIQUIDS
Class I Liquids that have a closed-cap flash point
of below 38C

Total maximum of 40 litres
Class II Liquids that have a closed-cap flash point
of 38C or above, but below 60.5C

Total quantity of Class II and Class III A
together may not exceed the maximum
quantity of 210 litres

Class III A Liquids that have a close-cap flash point
of 60.5C or above but below 93C

GROUP DESCRIPTION QUANTITY
II GASES
Flammable gases Total cylinder capacity may not exceed 50
kilograms
Non-flammable gases Total cylinder capacity may not exceed 333
kilograms
III FLAMMABLE LIQUIDS
With flash points 18C Total quantity may not exceed 100 litres
With flash points > 18C but
23C
Total quantity may not exceed 420 litres
61C
Total quantity may not exceed 1 100 litres
100C
Total quantity may not exceed 1 100 litres
IV FLAMMABLE SOLIDS
Flammable solids Total quantity may not exceed 250kg
V OXIDIZING AGENTS AND ORGANIC
PEROXIDES

Oxidizing agents Total quantity may not exceed 200kg
Group II organic peroxides in packets Total quantity may not exceed 200kg
VI TOXIC / INFECTIVE SUBSTANCES
Group I toxic substances in packets Total quantity may not exceed 5kg
Group II toxic substances in packets Total quantity may not exceed 50kg
Group III toxic substances in packets Total quantity may not exceed 500kg
46

_______________________________________________________________________________________________________

Schedule 4

SABS CODES OF PRACTICE AND SPECIFICATIONS

VIII CORROSIVE / CAUSTIC SUBSTANCES
Group I acids in packets Total quantity may not exceed 50kg
Group II acids in packets Total quantity may not exceed 200kg
Group III acids in packets Total quantity may not exceed 1000kg
Group I alkaline substance in packets Total quantity may not exceed 50kg
Group II alkaline substance in packets Total quantity may not exceed 200kg
Group III alkaline substance in packets Total quantity may not exceed 1000kg
IX MISCELLANEOUS SUBSTANCES
Liquids Total quantity may not exceed 210kg
Solids Total quantity may not exceed 210kg
SABS Code Title
SABS 019 Portable metal containers for compressed gas basic design, manufacture, use and maintenance.

SABS 087: Part 1 The handling, storage and distribution of liquefied petroleum gas in domestic, commercial and industrial
installations, Part 1: Liquefied petroleum gas installations involving gas storage containers of individual
water capacity not exceeding 500/ and a combined water capacity not exceeding 3000/ per installation.

installations, Part 3: Liquefied petroleum gas installations involving gas storage vessels of individual water
capacity exceeding 5000/.

installations, Part 4: Transportation of liquefied petroleum gas in bulk by road.

installations, Part 7: Storage and filling sites for refillable liquefied petroleum gas (LPG) containers of ca-
pacity not exceeding 9kg.

SABS 089: Part 1 The petroleum industry, Part 1: Storage and distribution of petroleum products in above ground bulk instal-
lations.

SABS 089: Part 2 The petroleum industry, Part 2: Electrical installations in the distribution and marketing sector.

SABS 0105: Part 1 The classification, use and control of fire fighting equipment, Part1: Portable fire extinguishers.

SABS 0108 The classification of hazardous locations and the selection of apparatus for use in such locations.

SABS 0131 The handling and storage of liquid fuel, Part 2: Large consumer premises.

SABS 0142 The wiring of premises.

_______________________________________________________________________________________________________

Schedule 5

REPEALED BY-LAWS

_________________________________________________________________________________________________________________
SABS Code Title
SABS 0177: Part 5 The testing of materials, components and elements used in buildings: Non-combustibility at 750C of
building materials.

SABS 193 Fire dampers

SABS 0228 The identification and classification of dangerous substances and goods.

SABS 0230 Transportation of dangerous goods: Inspection requirements of road vehicles.

SABS 0232: Part 1 Transportation of dangerous goods Emergency information systems, Part 1: Emergency information
systems for road transportation.

SABS 0263 The warehousing of dangerous goods, enclosed storage and covered and uncovered outdoor storage
yards.

SABS 0400 The application of the National Building Regulations.

SABS 1186: Part 1 Symbolic safety signs, Part 1: Standard signs and general requirements.

SABS 1253 Fire doors and fire shutters.

SABS 1398 Road tank vehicles for flammable liquids.

SABS 1475: Part 1 The production of reconditioned fire fighting equipment, Part 1: Portable rechargeable fire extinguishers.

SABS 1518 Transportation of dangerous goods Design requirements for road tankers.

SABS 1571 Transportable rechargeable fire extinguishers.

SABS 1573 Portable rechargeable fire extinguishers Foam type extinguishers.

Number and Year Name of By-laws Extent of Repeal
None None None
48

PROPOSED FINES FOR FLAMMABLE LIQUIDS

Number of section Description of offence Fine
35 (1) Failing to comply with requirements to
have a Certificate of Registration in
respect of Flammable Substances for
the premises concerned.

R 1 000,00
35 (3) Use, handle or store any Flammable
Substance that will endanger the safety
of any building and/or person and/or
animal

R 1 000,00
38 Failing to make available Certificate of
Registration for the premises con-
cerned

R 500,00
39 (1) (a) Failing to comply with the requirements
for equipping premises with portable
fire extinguishers

R 1 000,00
39 (1) (b) Failing to comply with the requirements
for equipping premises with hose reels

R 1 000,00
39 (1) (c) Failing to comply with the requirements
for equipping premises with fire hy-
drants

R 1 000,00
39 (3) (a) Failing to comply with the requirement
is maintained and serviced

R 1 000,00
39 (3) (b) Failing to comply with the requirement
adequately from the weather

R 500,00
39 (3) (c) Failing to display symbolic safety signs
R 500,00

45 (1) (a) No person may use, handle or store
flammable substances on any prem-
ises that will cause a fire or explosion

R 1 000,00
45 (1) (b) No person may use, handle or store
flammable substances that will ob-
struct the escape of any person and /
or animal during and emergency

R 1 000,00
45 (2) (a) No person may dump or spill any flam-
mable substances

R 1 000,00
45 (2) (h) Use or allowed flammable substances
in any basement level

R 1 000,00
45 (2) (j) Delivery or supply any flammable sub-
stances to premises that the are not in
possession of a valid Certificate of
Registration

R 2 000,00
46 (1) (a) Failing to comply with the require-
ments to have a Certificate of Registra-
tion for the use, handling or storage of
liquefied petroleum gas

R 1 000,00

46 (2) Use, handle or store liquid petroleum
gas outside property boundaries

R 1 000,00
46 (3) Failing to comply with the require-
ments for storing liquid petroleum gas
cylinders at Service Stations

R 1 500,00
ments for liquid petroleum gas cylin-
ders at public exhibitions and/or dem-
onstrations

R 1 000,00
49 (a) (b) Failing to comply with the require-
ments for a flammable liquids store

R 1 000,00

60
Failing to comply with the require-
ments for a mixing and decanting room

R 1 000,00
60 (1) Failing to obtain a temporary Certifi-
cate of Registration for storage of flam-
mable liquids on a temporary basis

R 1 000,00
63 (1) (a) (b) Failing to comply with the require-
ments for permanent aboveground
storage tanks for flammable liquids

R 1 000,00
64 Failing to comply with the require-
ments for permanent aboveground
storage tanks for flammable liquids

R 1 000,00
ments for installing, erecting, removal
and demolishing without prior notifica-
tion

R 1 000,00
67 (1) (a) (b) Failing to comply with the require-
ments for the termination of storage
and use of flammable substances

R 1 000,00
ments of flammable and combustible
liquids to be stored in a store room

R 1 000,00
69 (a) (b) Failing to comply with the require-
ments to obtain a permit for the trans-
port of dangerous goods

R 1 000,00
74 (a) (b) Failing to comply with the requirements
for the design, construction, mainte-
nance and repair of road tankers

R 1 000,00
75 (a) (b) Failing to comply with the requirements
for the design, construction, mainte-
nance and repair of other vehicles
transporting dangerous goods

R 1 000,00

50

_______________________________________________________________________________________________________


PUBLICATION OF BY-LAWS RELATING TO COMMONAGE FOR THE MALUTI-A-PHOFUNG MUNICIPALITY

The Municipal Council of Maluti-a-Phofung resolved during a meeting on 6 September 2005, after complying to Section 12 of the Local
Government: Municipal Systems Act No 32 of 2000 as follows:

1. That in terms of section 13 of the Local Government: Municipal Systems Act No. 32 of 2000, the By-laws relating to Com-
monage as published in the OFS Provincial Gazette on 22 April 2005 (Notice Number 29 of 2005) be adopted for the
Maluti-a-Phofung Municipality.

Systems Act No. 32 of 2000 the By-laws takes effect as from
date of publication in the Provincial Gazette.

TM MANYONI
MUNICIPAL MANAGER
MALUTI-a-PHOFUNG
15 September 2005

76 (1) (b) Failing to comply with the require-
ments for fire extinguishers on vehi-
cles transporting dangerous goods

R 1 000,00

77 (1) Failing to comply with the directive not
deliver or supply dangerous goods to
unregistered premises

R 2 000,00

77 (2) Failing to comply with the directive not
deliver or supply dangerous goods in
excess quantities than what the Regis-
tration Certificate allows

R 2 000,00

77 (4) (a) (b) (c) Failing to comply with the safety re-
quirements when delivery of danger-
ous goods are made to premises

R 1 000,00

77 (4) (d) Failing to comply with the safety re-
quirements for storage facilities for
the storage of dangerous goods

R 2 000,00

79 (1) Failing to comply with the safety re-
quirements to have a spray permit for
spray painting with a flammable sub-
stances

R 1 000,00



Commonage By Laws

Purpose of By-Law

To put aside land for the pasture of stock and for purpose of establishing garden allotment;
To help address local development and provide an inexpensive land reform portion;
To promote the achievement of a safe and sound environment for the benefit of all residents;
To provide for the conservation of the commonage through the prohibition of damaging of vegetation, bird- and animal life, the
removal of any material and the unlawful occupation of the commonage;
To reallocate land to poor residents who wish to supplement their income.

Definitions

1. In this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa: -

commonage means any land or portion of land which is in possession or under control of the municipality and includes any street,
road, thoroughfare or public place;

municipal area means the area described in Clause 2(1) of the Establishment Notice published under Provincial Notice No. 6766 of
2000 dated 1 October 2000;

Municipality means

(a) Maluti-A-Phofung Municipality established by Provincial Notice No. 6766 of 2000 dated 1 October
2000, as amended, exercising its legislative and executive authority through its municipal Council;
or
(b) its succession in title; or
(c) a structure or person exercising a delegated power or carrying out an instruction, where any
power in these By-laws, has been delegated or sub-delegated or an instruction given as contem-
plated in, section 59 of the Local Government: Municipal System Act, 2000 (Act No. 32 of 2000);

public place means any square, park, recreation ground or open space which:
(a) is vested in the Municipality;
(b) the public has the right to use, or
(c) is shown on a general plan of a township filed in a deeds registry or a Surveyor-Generals office and has been provided for
or reserved for the use of the public or the owners of erven in such township;

"street" means any road, street or thoroughfare or any other place which is commonly used by the public or any section thereof or
to which the public or any section thereof has a right of access and except where in-consistent with the context includes -

(a) the verge of any such road, street or thoroughfare
(b) any footpath, sidewalk or similar pedestrian portion of a road reserve;
(c) any bridge, ferry or drift traversed by any such road, street or thoroughfare;

Prohibited Actions

2. No person shall erect any hut, shelter, kraal, habitation or structure of any kind nor occupy, camp or squat on any portion of the com-
monage or in any street, or road, thoroughfare or public place without the consent of the municipality.

3. No person shall without prior permission of the municipality, accumulate, dump or deposit or cause to be accumulated, dumped or
deposited on any portion of the commonage any derelict motor cars or other vehicles or machinery or any derelict parts thereof.

4. (1) No person shall on the commonage dig or remove soil, clay, sand, gravel or
boulders without being in possession of a valid and current permit issued by the municipality.

(2) The municipality may issue permits upon payment in advance of the charges fixed by it for the removal of soil, clay, sand,
gravel or boulders from demarcated sites.

52

5. No person shall make bricks, or erect brick-, lime- or charcoal kilns, on any land within the municipal area, or on land under control of
the municipality, without prior written consent of the municipality, except on land denoted for such purposes in terms of an approved
spatial development plan and zoning scheme and further subject to payment of the fees determined by municipality.

6. No person shall cut, damage, burn, destroy, gather or remove any plants, shrubs, trees, timber, firewood, brushwood, manure or any
grass growing or being upon any portion of the commonage without prior written permission of the municipality will be required if a
cutting machine is used.

6.1. No permission is needed for cutting grass with cutting machine when is cut properly.

7. No person shall interfere with or cause damage to any fence, gate, drinking trough, water tap or other appliance or thing, or set fire to
the pasture or any bush, tree, shrub on the commonage.

8. No person shall make use of any road over the commonage other than such roads as shall be allowed open by the municipality from
time to time, and such roads to the use of which the public have a legal right.

9. No person shall deposit or in any way leave any poison for whatever purpose on the commonage or on any street, thoroughfare of
public place without the written permission of the municipality.

10. The municipality has the right to set apart any portions of the commonage for the purpose of forming a rifle range or rifle ranges and no
person shall practice target shooting with any rifle on any other portion of the commonage except on such range or ranges.

11. The municipality may cause traps to be set for vermin on the commonage and any person interfering with or damaging such traps in
any way or letting loose or removing or causing to be loosened or removed any vermin from such traps or in any way disposing of any
bodies from such a trap without the prior approval of the municipality, shall be guilty of an offence.

12. No person shall kill, catch, capture or hunt or attempt to kill, any game or birds of whatsoever description on the commonage.

13. No person shall set traps of whatsoever description on the commonage without the prior consent of the municipality.

14. That the Municipality create a food storage for livestock.

15. That the allocated land be of good quality for grazing.

16. That entry to the commonage be by prospective business plan from various associations.

17. No person shall destroy or remove the eggs or young from the nest of any birds or water-fowl on the commonage or any public place
within the municipality.

18. That the commonage areas be identified by the community.

Penalties

19. Except for the erection of a hut, building or any other structure for residential purposes on the commonage, in which case the provi-
sions of the Act on Prevention of Illegal Eviction and the Unlawful Occupation of land, Act 19 of 1998, shall prevail, any person who
contravenes or fails to comply with the provisions of this by-law shall be guilty of an offence and shall on conviction be liable to

(1) a fine or imprisonment, or either such fine or such imprisonment or both such fine and such imprisonment;

(2) in the case of a continuing offence, an additional fine or an additional period of imprisonment or either such additional fine or
such additional imprisonment or both such additional fine and imprisonment for each day on which such offence is continued,
and

(3) a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such
contravention
________________________________________________________________________________________________________________


PUBLICATION OF BY-LAWS RELATING TO LIBRARIES FOR THE MALUTI-A-PHOFUNG MUNICIPALITY


1. That in terms of section 13 of the Local Government: Municipal Systems Act No. 32 of 2000, the By-laws relating to Librar-
ies as published in the OFS Provincial Gazette on 22 April 2005 (Notice Number 26 of 2005) be adopted for the Maluti-a-
Phofung Municipality.


TM MANYONI
MUNICIPAL MANAGER
MALUTI-a-PHOFUNG
15 September 2005


Libraries By Laws

DEFINITIONS

1. In these by-laws, unless the context otherwise indicates -

"charges" means any fine or miscellaneous charges in respect of the library as determined from time to time by the Municipality;
Municipality means
(a) Maluti-A-Phofung Municipality established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended,
exercising its legislative and executive authority through its municipal Municipality; or its succession in title; or
(b) a structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws, has
been delegated or sub-delegated or an instruction given as contemplated in, section 59 of the Local Government: Mu-
nicipal System Act, 2000 (Act No. 32 of 2000);

"lending period" means the period which the Municipality determines for the lending out of different types of library material;

"librarian" means the officer (or his/her representative) appointed by the Municipality to exercise control over and to manage the li-
brary;

"library material" means any material of whatever nature or form which is kept in a library and made available to the public;

"member" means any person or organisation registered as a member of the library;

USE OF THE LIBRARY

2. Any person admitted to the library by the Municipality may use the library facilities during official hours of opening. However, if a per-
son wishes to borrow library material, he/she shall first register as a member of the library.

MEMBERSHIP

3. (1) (a) Subject to the provisions of paragraph (b) and subsection (2), the
Municipality may grant to any person residing or employed within the area of jurisdiction of the Municipality or who is a
taxpayer of the Municipality, membership of the library, subject to the provisions determined by the Municipality and
provided such person undertakes to subject himself to the provisions of these by-laws and the rules for conducting the
business of the library, adopted by the Municipality.

(b) The Municipality may, subject to the conditions it may determine, grant membership of the library to a pre-school or
school-going child, should its parent or guardian consent, in writing, thereto and undertake to stand surety for the
observance by such child of the provisions of these by-laws and the rules for conducting the business of the library,
adopted by the Municipality.
54

(c) Application for membership shall be made on a form prescribed by the Free State Provincial and the Municipality.

(d) The Municipality shall issue a computerized membership card to a member
authorizing him to borrow from the library such quantity of library material as may be determined by the Municipality
from time to time.

(e) A computerized membership card shall be valid from the date of issue
thereof for a period as determined by the Municipality from time to time. The membership of a person to whom such a
membership card has been issued, shall lapse after such period, unless it be renewed.

(f) To register as a member patrons shall produce a letter of approval from their
respective Councillors, an identification book and / or birth certificate / proof of municipal services accounts.

(g) The users shall produce entrance cards when entering libraries from time to
time.

(2) The Municipality may grant membership of the library to a person residing outside its area of jurisdiction on conditions deter-
mined by the Municipality from time to time.
(3) A member desirous of terminating his membership of the library, shall return his certificate of membership to the librarian with-
out delay, failing which he/she may be held responsible in terms of section 7 of all library material borrowed against such mem-
bership card.
(4) When a member changes his address, he/she shall notify the librarian, in writing, within seven days of such change of address.

(5) (a) When a member's membership card gets lost, he/she shall forthwith notify
the librarian, in writing, and the librarian may, on payment of the prescribed charges, issue a duplicate of such
membership card.

(b) Should a lost membership card be found, the duplicate membership card
issued in place thereof, shall forthwith be returned to the librarian: Provided that any charges paid for such
duplicate shall not be refunded to the member.

(c) If a member gives notice in terms of paragraph (a), such member shall, notwithstanding the provisions of section 8 (1),
not be liable in terms of the said section in respect of any library material borrowed against the lost membership card
after the date of such notice.

(6) A person residing for a period of less than three months in the area of jurisdiction of the Municipality, may register as a visitor if
-

(a) he/she applies for such registration on the form prescribed by the Municipality: Provided that the required proof of
identification and particulars as determined by the Municipality, are submitted;

(b) he/she deposits with the librarian the prescribed deposit; and

(c) the Municipality approves such application.

(7) The deposit contemplated by subsection (6) (b) shall be refunded to a member on application by him/her: Provided that if any
member does not renew his/her membership card as contemplated by subsection (1) (d) within a period of three months after
the expiry of the period of validity, such deposit shall be forfeited to the Municipality: Provided further that upon any such re-
funding or forfeiture, the registration of the member shall be cancelled.

(8) Any person may, on behalf of any organisation or similar body, if duly authorised thereto by such organisation or body, apply
on the form prescribed by the Municipality for registration of such organisation or body as a member of the library.

LOAN OF LIBRARY MATERIAL

4. (1) Library material shall be deemed to be on loan from the library to the member against whose membership card it was lent.

(2) No person shall be in possession of any library material not lent against a membership card.

(3) Library material bearing the mark of the library or the Free State Provincial Library Service, and on which there is no official
indication that it has been withdrawn, written off or sold, shall be the property of the Municipality or the Free State Provincial
Library Service.

(4) (a) A member borrowing library material from the library shall ascertain
whether such material is damaged and, if damaged, he/she shall draw the librarian's attention to the fact.

(b) The librarian shall not make damaged library material available for
borrowing purposes: Provided that where such damaged library material is nevertheless made available for
borrowing purposes, particulars of such damage shall be affixed thereto.

RETURN OF LIBRARY MATERIAL

5. A member shall return the library material borrowed by him/her to the librarian not later than the last day of the borrowing period: Pro-
vided that -

(a) the Municipality may extend the borrowing period of any library material not in demand by any other member after considera-
tion of an application to that effect by the member who borrowed the library material, for not more than two further borrowing
periods;

(b) a member shall be responsible for the return of library material borrowed by him, and should such member find it impossible to
personally return such library material, he/she may return it in any other way;

(c) a member who has borrowed library material shall not keep it for more than three days after receipt of a written notice from the
librarian that such library material is to be returned.

OVERDUE LIBRARY MATERIAL

6. (1) Should a member not return library material borrowed against his/her membership card within the period stated in section 5 (a)
or any period determined by the Municipality in terms of the proviso to that section, as the case may be, such member shall be
liable for payment to the Municipality of the prescribed fine for every week or portion thereof during which such member fails to
return such library material.

(2) The Municipality may exempt any person from the payment of such fine if he/she is satisfied that failure to return library mate-
rial is due to circumstances beyond the borrower's control.

(3) In order to obtain overdue library material, a Municipality may determine a fine free period for a time in which such library mate-
rial may be returned.

(4) The Municipality may add the current replacement cost of any outstanding library material to the monthly services account of
the member or his/her legal guardian should all other efforts in terms of these By-laws fail to effect return of the library material.

RESERVATION OF LIBRARY MATERIAL

7. A member is allowed to reserve library material.

LOST AND DAMAGED LIBRARY MATERIAL

8. (1) Should library material be lost or become damaged or deemed to be lost in terms of subsection (2), the member against whose
membership card such library material was borrowed shall, in addition to any fine or other charges for which he/she shall be
liable in respect of the said library material, be liable for payment to the Municipality of the purchase price thereof or an amount
to make good the damage as may be determined by the Municipality, unless he/she replaces it with a copy of equal value or a
copy acceptable to the Municipality.

(2) Library material retained by a borrower for more than three months calculated from the expiry date allocated to such material at
the time of issuing or after granting any extension of the borrowing period, on receipt of a request to do so by registered post,
fails to return library material within seven days, shall be deemed to be lost.

(3) Lost or damaged library material shall remain the property of the Municipality or the Free State Provincial Library Service.

(4) No further library material shall be lent to a member who, in terms of subsection (1), is responsible for the loss of library mate-
rial.

HANDLING OF LIBRARY MATERIAL

9. No person having library material in his/her possession, shall either wilfully or negligently-
56

(a) fail to keep such material in a clean condition;

(b) expose or permit such material to be exposed to or be damaged by water, heat, fire, animals or any other thing;

(c) mutilate, deface, mark, crease or in any way damage such material or permit such material to be mutilated, defaced, marked,
creased or damaged;

(d) remove or damage or permit to be removed or damaged any protective coverings of such material; or

(e) lend any such material to any unauthorised person.

EXPOSURE OF LIBRARY MATERIAL TO CONTAGIOUS DISEASES

10. (1) No person suffering from a contagious disease shall borrow or handle any library material from the library and no person shall
allow another person suffering from a contagious disease, to handle such library material lent to him/her.

(2) Any person being in possession of such library material from the library which was exposed to a contagious disease, shall
immediately advise the librarian that such library material was so exposed.

(3) The Municipality shall at least once a year fumigate the library and all associated buildings to prevent damage to books and
furniture and the possible spreading of any contagious disease.

LIBRARY MATERIAL FOR SPECIAL PURPOSES

11. Library material of a specialised nature, shall only be used in such parts of the library as are set aside by the Municipality for special
purposes and shall not be removed from the library or to any other part of the library without the permission of the librarian.

USE OF THE GROUP ACTIVITIES HALL

12. (1) Approval for the use of the group activities hall shall vest in the Municipality subject to any conditions laid down by the
Municipality.

(2) Any person who wishes to make use of the Activities Hall shall pay to the Municipality the prescribed fee as may be deter-
mined by the Municipality from time to time.

LIBRARY HOURS

13. A notice by the Municipality, setting forth the days and hours during which the library shall be open to the public, shall be displayed in
a prominent place at or near the entrance thereto.

POSTING OF BY-LAWS IN THE LIBRARY

14. The librarian shall place a copy of these by-laws in a prominent place in the library and direct the attention of a user of the library
thereto.

OFFENCES

15. No person shall -

(a) smoke in the library or any of its associate buildings;

(b) Make us e of a cell phone in a library to conduct a conversation or for any other reason, or shall fail to switch off any cell phone
in his/her possession upon entering the library;

(c) conduct or participate in a conversation, read aloud, sing or whistle in the library in a manner which is disturbing to other per-
sons present in the library building;

(d) impede, obstruct, disturb or in any other way annoy any other person in the legitimate use of the library;

(e) refuse to deliver any library material to the librarian within a reasonable time after being requested thereto verbally or tele-
phonically;


(f) allow any child under his supervision to create a disturbance in the library;

(i) act in an uncouth or disorderly fashion;

(ii) use unseemly, abusive or blasphemous language; or

(iii) lay a bet or gamble in any part of the library;

(f) recline, sleep, loiter or partake of refreshments in the library;

(g) cause or permit any animal under his supervision to enter or remain in the library;

(h) while using the library, refuse to comply with any lawful request of the librarian;

(i) bring any vehicle, carrier or container into the library without the permission of the librarian;

(j) distribute or deposit in the library for distribution, material for advertisement, publicity or any other purpose without the permis-
sion of the librarian;

(k) damage or deface any part of the library or any fitting, furniture equipment or contents thereof;

(l) supply a false name and address for the purpose of entering any part of the library or to benefit from any service rendered by
the library:

(m) enter or remain in any part of the library if he is -

(i) unclean on body or dress,

(ii) suffering from a contagious or infectious disease notifiable in terms of any law, or

(iii) under the influence of intoxicating liquor or drugs;

(n) enter or remain in any part of the library during the hours that such a library or part thereof is not officially open for service to
the public;

(o) enter or leave the library by an entrance or exit not officially provided for the use of the public;

(p) enter or remain in any part of the library which is reserved for the use of the library staff;

(q) obstruct or block any entrance to or exit from the library;

(r) remove from the library or be in the possession of library material the loan whereof has not been registered by the librarian in
terms of these by-laws; or

(s) retain in his possession any library material for more than 24 hours after the delivery to his registered address of a written de-
mand from the librarian for the return of such material.

(t) bring his/her bags, food and refreshments in the library.

PENALTIES

16. (1) Any person not bona fide using the library for the purpose for which it is intended or is guilty of misbehaviour in the library, may
be removed from the library by the librarian or by a person called upon thereto by the librarian.

(2) Any person contravening any of the provisions of these by-laws, shall be guilty of an offence and shall, on conviction, be liable
to a fine not exceeding R500 or, in default of payment, to imprisonment for a period not exceeding 6 months.

LIBRARY ADVISORY COMMITTEE

17. The Municipal libraries shall appoint the functional Library Advisory Committee constituted by the community residing in the jurisdic-
tion of Maluti-a-Phofung Municipality.

58

AREA OF APPLICATION

18. The provisions of this By-law are applicable within the area of jurisdiction of the Maluti-a-Phofung Local Municipality.
_________________________________________________________________________________________________________________


PUBLICATION OF BY-LAWS RELATING TO IMPOUNDMENT OF ANIMALS FOR THE MALUTI-A-PHOFUNG MUNICIPALITY


1. That in terms of section 13 of the Local Government: Municipal Systems Act No. 32 of 2000, the By-laws relating to the
Impoundment of Animals as published in the OFS Provincial Gazette on 22 April 2005 (Notice Number 25 of 2005) be
adopted for the Maluti-a-Phofung Municipality.


TM MANYONI
MUNICIPAL MANAGER
MALUTI-a-PHOFUNG
15 September 2005

By Laws Relating to the Impoundment of Animals
Table of Contents

Purpose of by-law

To promote the achievement of a safe, and healthy environment for the benefit of residents within the area of jurisdiction of the munici-
pality;
To provide for procedures, methods and practices to regulate the impoundment of animals.

Definitions

1. In this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa;

"animal" means any equine, bovine, sheep, goat, pig, fowl, ostrich, dog, cat or other domestic animal or bird, or any wild animal, wild
bird or reptile which is in captivity or under the control of any person;

"cattle" means bulls, cows, oxen, heifers, steers and calves;

"goat" means an adult male of female goat, a wether and a kid;

"horse" means a stallion, mare, gelding, colt, filly, donkey and mule;

Municipality means

(a) Maluti-A-Phofung Municipality established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended, exer-
cising its legislative and executive authority through its municipal Council; or
(c) a structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws, has
been delegated or sub-delegated or an instruction given as contemplated in, section 59 of the Local Government: Munici-
pal System Act, 2000 (Act No. 32 of 2000);


"occupier" means any person in actual occupation of land or entitled as owner to occupy land:

"owner", in relation to an animal, includes any person having possession, charge, custody of control of such animal;

"pound" means a fenced-off area consisting of one or more camps under the control of a pound master, which was created for the
housing and care of stray animals which are astray, lost or at large;

"pound master" means a person who may be either

(a) a part-time or full-time employee of a municipality, or

(b) appointed under a service delivery agreement to keep and operate a pound:

"sheep" means a ram, an ewe, a wether and a lamb;

"stallion" means a male horse, donkey or mule not castrated or partially castrated:

"proprietor' means any owner, lessee, or occupier of land;

"stock inspector means any owner, lessee, or occupier of land;

"veterinary surgeon means a person who is qualified as such in accordance with the provisions of the Veterinary and Para-Veteri-
nary Professions Act, 1982 (Act 19 of 1982).

Impoundment for trespassing

2. Any person may impound an animal found abandoned upon any street, road, road reserve or other public place.

Pound to which animals are to be sent

3. Any proprietor upon whose land any animals are found trespassing may send such animals to such pound as is nearest by a passable
road or thoroughfare to the land trespassed upon, or such other pound designated by the municipality.

Offer by owner before impoundment of animals

4. The owner of any animals liable to impoundment for trespassing may, before the animals are removed from the property trespassed
upon, offer to the person complaining of the trespassing a sum of money in compensation of the damage suffered by him. Such offer
shall be made to the complainant himself or to his employee or agent charged with the duty of taking the animals to the pound.

Receiving of animals by pound master

5. (1) It shall be the duty of every pound master to receive into his charge all animals brought to his pound, during such hours as the munici-
pality may determine, by the proprietor, or by any person authorized in writing thereto by such proprietor or caretaker, to be im-
pounded for having been found trespassing upon the land of such proprietor.

(2) Any pound master who unreasonably refuses or fails to receive animals brought to his pound as aforesaid shall be guilty of an
offence and shall, in addition, be liable for any damage caused to the owner of the said animals, or to any other person, by rea-
son of such refusal of failure; provided that, if any animal suffering from any contagious disease is brought to the pound, such
animal shall be kept separate from all other impounded animals, and the pound master may cause such animals to be finished
off under the provisions of section 8.

Receipt for impounded animals

6. Every pound master shall give the person delivering animals into his charge a written receipt, indicating the number and description
of the animals so delivered, and specifying the trespassing for which the said animals, as reported, are to be impounded.

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Number of enclosures

7. Every pound master shall maintain in good repair and, as far as possible, free from all infection, not less than five separate enclo-
sures for-

(a) ostriches and horses;
(b) cattle
(c) sheep, goats and pigs;
(d) canine;
(e) feline;

provided that a municipality may in regard to any pound in its area give permission to the pound master to maintain a smaller number
of enclosures thereon.

Finishing off of dangerous or contagious animals

8. A pound master may cause to be finished off any impounded animal suffering from a contagious disease, or which may prove
dangerous to human life or other animals impounded; provided that no such animal shall be finished off unless a veterinary surgeon
has examined it and has agreed with the pound master as to the necessity for its finishing off.

Notice of impounded animals

9. Every pound master who knows the name of the owner of any animal impounded in his pound shall forthwith give written notice to
such owner that the said animal has been impounded.

Keeping of pound register

10. (1) Every pound master shall keep a pound register with the following particulars:

(a) the date when, and the cause for which, all animals received by him are impounded;
(b) the number and description of such animals;
(c) the name and residence of the person impounding such animals, and the name and residence of the owner or supposed
owner;

(d) the date and particulars of the release of sale of the animals, as the case may be, and

(e) any other matters which he may be directed by the municipality to ascertain and record.

(2) The entries under subsection (1)(a), (b) and (c) shall be made at the time the animals are impounded and the entries under subsection
(1)(d) and (e) shall be made as soon as the pound master obtains the necessary information; provided that no entry shall be made
after a dispute has arisen.

(3) In case of the death of injury of any impounded animal, the pound master shall enter in his pound register a description of such
animal and the cause of its death of injury.

Inspection of and extracts from pound register

11. Every pound register shall be kept at the pound or any other approved place and shall at all reasonable times be open for inspec-
tion, free of charge, to any authorized officer of the municipality, veterinary surgeon, stock inspector, and any member of the South
African Police Services and any member of the public.

Submission of pound register entries after pound sales

12. Every pound master shall within a fortnight after the date of each pound sale submit to the municipality a copy of all entries in his
pound register made since the date of the preceding submission. The municipality shall preserve all such copies for inspection by
any person desirous of seeing them.


Inspection of pound register at place of sale

13. Whenever a sale of impounded animals is to take place, the pound master or a person authorized to conduct the sale, shall take the
pound register with him to the place of sale, and such register shall be open for inspection, free of charge, at the place of sale to all
persons desirous of inspecting it.

Pound master's fees

14. (1) The municipality may fix fees and charges or tariffs for the keeping of animals in a pound and may, in determining such fees and
charges or tariffs, distinguish between different kinds of animals and provide for the keeping and feeding of animals in separate
enclosures.

(2) Every pound master shall be entitled to claim the fees and charges or tariffs determined by the municipality in terms of subsection
(1) for every animal impounded by him in terms of this by-law.

Fees payable

15. (1) The fees and charges or tariffs determined by the municipality in terms of section 14 shall be paid to be the pound master by the
owner of the animals impounded, and the said fees and charges or tariffs, together with any costs which the pound master may
have incurred and such animals may be detained by the pound master in security of payment of the said fees and charges or tar-
iffs, provided that:

(a) if the value of the animals impounded is in excess of the total amount due thereon, as determined in terms of this by-law, and
if the owner is unable to pay the said amount, the pound master shall detain only so many of the said animals as may be
sufficient to secure the total amount due for all the animals, and shall deliver the remainder of the animals to the said owner,
and

(b) any pound master who retains any greater number of such animals than is reasonably necessary to secure such amount
shall be liable to the owner for any damages sustained by him on account of such retention.

(2) If the pound master is an official of the municipality, he shall pay the fees and charges or tariffs received by him in terms of this
by-law into the revenue of the municipality.

(3) No pound master shall release any impounded animal until the prescribed fees and charges or tariffs have been paid to him.

Notice of sale

16. Every pound master shall-

(1) whenever any impounded animal has not been released within five (5) days from the date of its impoundment, forward to the
municipality in whose area of jurisdiction the pound is situated, a notice setting forth the species, marks and distinguishing fea-
tures (if any) of such animal, and in regard to horses and cattle their colour also, and stating that the animal mentioned therein
will be sold at the next sale of impounded animals, as well as the time and place of such sale;

(2) upon sending such notice to the municipality, post a copy thereof in some or other conspicuous place at or near his pound,
there to remain until the day of the sale, and

(3) cause to be published in a newspaper circulating in the area of jurisdiction of the municipality where the pound is situated a
notice of the sale of an impounded animal; provided that the cost of such notice shall be recoverable from the owner of the im-
pounded animal and shall be deemed to be part of the amount to be deducted from the proceeds of the sale of an animal and it
shall be recoverable from the owner of such animal if the said proceeds are less than the amount due; provided further that-

(a) if such notice refers to more than one animal, the municipality shall in its discretion, divide the cost of such notice pro rata
in respect of the animals referred to therein, and

(b) if the owner of an impounded animal is unknown, and the proceeds of the sale do not cover the amount as aforesaid, the
municipality shall make good the deficiency.

62

Auctioneer

17. (1) Every sale of impounded stock shall-

(a) be conducted by the pound master or some other person duly authorized thereto by the municipality concerned, and
(b) commence at a time and be held on a day to be fixed by the auctioneer.

(2) No person conducting a pound sale shall have any direct or indirect interest in any purchase at any sale so held by him.

Sale of Animals
18. At every such sale-

(1) no animal shall be put up for sale unless impounded for at least two weeks;

(2) all animals, except sheep and goats shall be sold individually;

(3) sheep and goats shall be sold in lots of not more than ten, and sheep and goats, or sheep or goats with different marks or brands
shall in no circumstances be sold together in the same lot;

(4) animals shall be sold for cash, and the proceeds, less the amount of the pound fees and other fees, charges or tariffs payable in
respect of such animals shall forthwith upon receipt, be handed by the pound master to the municipality, to be paid to the owners
of the animals sold according to their respective rights; provided that-

(a) if in any particular case the animals sold do not realise sufficient funds to cover the sum of pound fees and other fees,
charges or tariffs as aforesaid, the proceeds shall be first utilized for the payment of the compensation due to the pound mas-
ter, and if the said proceeds are insufficient to cover such compensation, the balance of compensation shall be paid to the
pound master by the municipality;

(b) any money, being the proceeds of the sale of any impounded animal as aforesaid, which remains in the hands of the munici-
pality for a period of twelve months without being claimed by the owner of such animal, shall become the property of such
municipality;

(c) it shall be competent for the municipality to make good to any pound master any loss which he may incur in the keeping of
animals where the selling price does not cover the costs incurred;

(d) it shall be competent for any pound master, after compliance with the procedure prescribed by section 8 relating to diseased
animals, to cause to be finished off any aged or otherwise permanently unfit animal presented at the pound;

(e) if any animal dies in the pound and the owner cannot be traced, the expenses of burying the carcass shall be borne by the
municipality;

(f) the municipality or an authorized officer may fix a reserve price for any animal offered for sale, and

(g) the auctioneer may withdraw any animal from the sale if the highest bid received is not in his opinion satisfactory, irrespective
of whether or not a reserve price has been fixed by the municipality.

Illegal impounding and penalties

19. Any person who illegally impounds any animal shall be guilty of an offence and shall in addition be liable to the owner for all damages,
pound fees, compensation, cost and charges arising out of such proceeding, and for all charges, fees or tariffs in connection therewith.

Recovery of loss in respect of impoundment of animals from area of another municipality

20. Any loss suffered by a municipality as a result of the impounding in a pound under its management and control of animals found
trespassing within the area of jurisdiction of another municipality, may be recovered by such first-mentioned municipality from such
other municipality.


Use, detention and ill-treatment of animals

21. No person shall furiously drive away any animal found trespassing, worry or ill-treat it.

Offences and Penalties

22. Any person who-

(1) contravenes or fails to comply with a provision of this by-law, whether or not such contravention or failure has been declared an
offence elsewhere in this by-law;

(2) deliberately obstructs, hampers or handicaps any person in the exercise of any power or the performance of any duty or function in
terms of any provision of this by-law, or

(3) furnishes false, incorrect or misleading information shall be guilty of an offence and liable upon conviction to

(a) a fine or imprisonment or either such fine or imprisonment or to both such fine and such imprisonment and,

(b) in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprison-
ment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued
and,

(c) a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such
contravention or failure.
_________________________________________________________________________________________________________________


PUBLICATION OF BY-LAWS RELATING TO PUBLIC AMENITIES FOR THE MALUTI-A-PHOFUNG MUNICIPALITY

The Municipal Council of Maluti-a-Phofung resolved during a meeting on 6 September 2005, after complying to Section 12 of the Local Gov-
ernment: Municipal Systems Act No 32 of 2000 as follows:

1. That in terms of section 13 of the Local Government: Municipal Systems Act No. 32 of 2000, the By-laws relating to Public
Amenities as published in the OFS Provincial Gazette on 22 April 2005 (Notice Number 28 of 2005) be adopted for the


TM MANYONI
MUNICIPAL MANAGER
MALUTI-a-PHOFUNG
15 September 2005

By Laws relating to Public Amenities

PUBLIC AMENITIES BY-LAW

Purpose of By-Law

To promote the achievement of a safe and peaceful environment;
To provide for procedures, methods and practices to regulate the use and management of public amenities.

64

Definitions


Municipality means

(a) Maluti-A-Phofung Municipality established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended,
exercising its legislative and executive authority through its municipal Council; or
(b) its succession in title; or a structure or person exercising a delegated power or carrying out an instruction, where any power in
these By-laws, has been delegated or sub-delegated or an instruction given as contemplated in, section 59 of the Local
Government: Municipal System Act, 2000 (Act No. 32 of 2000);

notice means official notice displayed at every entrance to or at a conspicuous place at or on a public amenity and in which the
municipality shall make known provisions and directions adopted by it in terms of this by-law;

public amenity means

(a) any land, square, camping site, swimming bath, river, public resort, recreation site, nature reserve, zoo-logical, botanical or
other garden, park or hiking trail which is the property of the municipality, including any portion thereof and any facility or appa-
ratus therein or thereon;

(b) any building, structure, hall, room, or office including any part thereof and any facility or apparatus therein, which is the property
of, or is possessed, controlled or leased by the municipality and to which the general public has access, whether on payment
of admission fees or not;

but excluding:
(i) any public road or street;
(ii) any public amenity contemplated in paragraphs (a) and (b), if it is lawfully controlled and managed in terms of an agreement by
a person other than the municipality, and
(iii) any public amenity hired from the municipality;

Maximum number of visitors

2. (1) The municipality may determine the maximum number of visitors who may be present at a specific time in or at a public
amenity;
(2) The number contemplated in subsection (1) are made known by the municipality by means of a notice.

Admission to and sojourn in a public amenity

3. (1) A public amenity is, subject to the provisions of this by-law, open to the public on the times determined by the municipality;
(2) No visitor shall enter or leave a public amenity at a place other than that indicated for that purpose.
(3) The times and places contemplated in subsections (1) and (2), shall be made known by the municipality by means of a notice.

Entrance fees

4. (1) A visitor to a public amenity shall pay entrance fees determined from time to time by the municipality and such entrance fees
shall be made known by means of a notice.
(2) Different entrance fees may be determined in respect of visitors of different ages and the municipality may exempt certain
groups of persons from the payment of an entrance fee.

Nuisances

5. No person shall perform or permit any of the following acts in or at a public amenity

(a) the use of language or the performance of any other act which disturbs the good order;
(b) the firing of firearms, airguns, air pistols, fireworks or the use of sling-shots or catapults without the municipalitys written con-
sent;
(c) the burning of rubble or refuse;
(d) the causing of unpleasant or offensive smells;
(e) the production of smoke nuisances;
(f) the causing of disturbances by fighting, shouting, arguing, singing or the playing of musical instruments; or by the use of loud-
speakers, radio reception devices, television sets, or similar equipment;
(g) the begging for money, food, work or the offering of services, or
(h) in any other manner cause a nuisance, obstruction, disturbance or annoyance to the public.

Health matters
6. No person shall in or at a public amenity-

(a) dump, drop or place any refuse, rubble, material or any object or thing or permit it to be done, except in a container provided
for that purpose in or at the amenity;
(b) pollute or contaminate in any way the water in any bath, swimming-bath, dam, spruit, river or water-course;
(c) enter any bath or swimming bath while suffering from an infectious or contagious disease or having an open wound on his
body;
(d) perform any act that may detrimentally affect the health of any visitor to a public amenity.

Structures

7. No person shall without the written consent of the municipality having first been obtained, erect or establish in or on a public amenity
any structure, shelter or anything similar, except the parking of a caravan or tent erected for camping purposes on a site specifically set
aside therefor by notice;

Liquor and Food

8. (1) No person shall, contrary to a provision of a notice, bring into a public amenity any alcoholic or any other liquor or any food of
whatever nature.

(2) No person shall on, in or at a public amenity, contrary to a provision of a notice, cook or prepare food of any kind whatsoever,
except at places set aside for such purposes by notice; provided that the preparation and cooking of food in or at a public
amenity shall be done in a clean and hygienic manner so as not to give rise to excessive smoke or other nuisances or entail
any danger to health; provided further that no live animals, poultry or fish may be killed or skinned on, in or at a public amenity.

Animals

9. (1) No person shall bring any live animal, bird, fish or poultry into a public amenity except in accordance with the directions of the
municipality.
(2) The directions contemplated in subsection (1) shall be made known by means of a notice.

Use of public amenities

10 (1) No person shall without the consent of the municipality or contrary to any condition which the municipality may impose when
granting such consent

(a) arrange or present any public entertainment;
(b) collect money or any other goods for charity or any other purpose from the general public;
(c) display or distribute any pamphlet, placard, painting, book, handbill or any other printed, written or painted work;
(d) arrange, hold or address any meeting;
(e) arrange or hold a public gathering or procession, exhibition or performance;
(f) conduct any trade, occupation or business;
(g) display, sell or rent out or present for sale or rent any wares or articles;
(h) hold an auction;
(i) tell fortunes for compensation;

(2) For the purposes of this by-law public gathering or procession shall mean a procession or gathering of 15 or more persons and
which is not regulated by national or provincial legislation.
66

Safety and Order

11. (1) No person shall, subject to subsection (2), in or at a public amenity-

(a) damage or disfigure anything within such amenity;
(b) use or try to use anything within such amenity for any purpose other than that for which it is designated or determined by
notice;
(c) light a fire or prepare food, except at a place indicated for that purpose by notice;
(d) throw away any burning or smouldering object;
(e) throw or roll down any rock, stone or object from any mountain, koppie, slope or cliff;
(f) pull out, pick or damage any tree, plant, shrub, vegetation or flower;
(g) behave himself or herself in an improper, indecent, unruly, violent or unbecoming manner;
(h) cause a disturbance;
(i) wash, polish or repair a vehicle;
(j) walk, stand, sit or lie in a flower bed;
(k) kill, hurt, follow, disturb, ill-treat or catch any animal, bird or fish or displace, disturb, destroy or remove any bird nests or
eggs;
(l) walk, stand sit or lie on grass contrary to the provisions of a notice;
(m) lie on a bench or seating-place or use it in such a manner that other users or potential users find it impossible to make
use thereof;
(n) play or sit on play park equipment, except if the person concerned is a child under the age of 13 years;
(o) swim, walk or play, contrary to the provisions of a notice, in a fish-pond, fountain, stream or pond;.

(2) The municipality may by way of notice and subject to such conditions as the municipality deems necessary and mentioned in
the notice, authorise any of the actions contemplated in subsection (1).

Water

12. No person may misuse, pollute or contaminate any water source or water supply or waste water in or at any public amenity.

Laundry and Crockery

13. No person may in or at a public amenity wash any crockery or laundry or hang out clothes, except at places indicated by notice for that
purpose.

Vehicles

14 (1) No person may bring into a public amenity any truck, bus, motorcar, motor cycle, motor tricycle, bicycle or any other vehicle, craft
or aeroplane, whether driven by mechanical, animal, natural or human power, except in accordance with the directions of the
municipality;
(2) The municipality determines the speed limit applicable in a public amenity;
(3) The directions contemplated in subsection (1) and the speed limit contemplated in subsection (2) shall be made known by the
municipality by way of notice.

Games

15. No game of any nature whatsoever shall be played or conducted in or on a public amenity by any person or persons except at places
set aside for that purpose by notice and in accordance with the directions of the municipality and which is made known by way of no-
tice.

Loitering

16. No person leading the life of a loiterer or who lacks any determinable and legal refuge or who leads a lazy, debauched or disorderly
existence or who habitually sleeps in a public street or on a private place or who habitually begs for money or goods or persuades
others to beg for money or goods on his behalf, may loiter or linger about in a public amenity.


Penalties

17. Any person who --

(a) contravenes or fails to comply with a provision of these by-laws or a direction adopted by a council under these by-laws and which
has been made known by notice, or of a condition imposed under such by-law, irrespective of whether such contravention or failure
has been declared as an offence elsewhere in these by-laws, or not;

(b) deliberately obstructs, hampers or handicaps any person in the execution of any power or the performance of any duty or function in
terms of any provision of these by-laws; or

(c) furnishes false, incorrect or misleading information when applying for permission from a council in terms of a provision of a by-law;
shall be guilty of an offence and if found guilty shall be punishable with a fine of not exceeding R500 or with imprisonment for a
period not exceeding 12 months and, in the event of a continuing contravention, a fine not exceeding R50 or with imprisonment not
exceeding one month for each day that the contravention continued.
_________________________________________________________________________________________________________________


PUBLICATION OF BY-LAWS RELATING TO STREETS FOR THE MALUTI-A-PHOFUNG MUNICIPALITY


1. That in terms of section 13 of the Local Government: Municipal Systems Act No. 32 of 2000, the By-laws relating to
Streets as published in the OFS Provincial Gazette on 22 April 2005 (Notice Number 27 of 2005) be adopted for the


TM MANYONI
MUNICIPAL MANAGER
MALUTI-a-PHOFUNG
15 September 2005


By Laws Relating to Streets

Table of Contents

Purpose of By-Law

To promote the achievement of a safe environment for the benefit of residents within the area of jurisdiction of the municipality;
To provide for procedures, methods and practices to manage the use and utilisation of streets in the area of jurisdiction of the
municipality

Definitions


"animals" means any horses, mules, donkeys, cattle, pigs, sheep, goats, ostriches indigenous mammals and other wild animals;

caravan means any vehicle permanently fitted out for use by persons for living and sleeping purposes, whether or not such vehicle is
a trailer;

68

Council means

(a) Maluti-A-Phofung Municipality established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended, exercis-
ing its legislative and executive authority through its municipal Council; or
(c) a structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws, has been
delegated or sub-delegated or an instruction given as contemplated in, section 59 of the Local Government: Municipal System
Act, 2000 (Act No. 32 of 2000);

municipality has a similar meaning to Council.

municipal area means the area of jurisdiction of Maluti-a-Phofung Municipality as determined in terms of the Municipal Demarcation
Act, 1998;

municipal manager means a person appointed in terms of section 82 of the Municipal Structures Act, 1998

motor vehicle means any self-propelled vehicle and includes-
(a) a trailer, and
(b) a vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or
adapted to be propelled by means of such pedals, engine or motor, or both such pedals and engine or motor, but does not in-
clude-
(i) any vehicle propelled by electrical power derived from storage batteries and which is controlled by a pedestrian; or
(ii) any vehicle with a mass not exceeding 230 kilograms and specially designed and constructed, and not merely adapted, for
the use of any person suffering from some physical defect or disability and used solely by such person;

park means to keep a vehicle, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the
actual loading or unloading of persons or goods, but does not include any such keeping of a vehicle by reason of a cause beyond the
control of the person in charge of such vehicle;

public place means any square, park, recreation ground, sports ground, sanitary lane or open space which has-

(a) in connection with any subdivision or layout of land into erven, been provided, reserved or set apart for use by the public or
the owners or occupiers of such erven, whether or not it is shown on a general plan, plan of subdivision or diagram;
(b) at any time been dedicated to the public;
(c) been used by the public without interruption for a period of at least thirty years, or
(d) at any time been declared or rendered such by the municipality or other competent authority;

public street means-

(a) any street which has at any time been-
(i) dedicated to the public;
(ii) used without interruption by the public for a period of at least thirty years;
(iii) declared or rendered such by the municipality or other competent authority, or
(iv) constructed by a local authority, and
(b) any land, with or without buildings or structures thereon, which is shown as a street on-
(i) any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon, or
(ii) any general plan as defined in the Land Survey Act, 1927, registered or filed in a deeds registry or Surveyor
Generals office;
unless such land is on such plan or diagram described as a private street;

semi-trailer means a trailer having no front axel and so designed that at least 15% of its tare is super-imposed on and borne by a
vehicle drawing such trailer;

"sidewalk" means that portion of a street between the outer boundary of the roadway and the boundary lines of adjacent properties or
buildings which is intended for the use of pedestrians;

"street" means any road, street or thoroughfare or any other place which is commonly used by the public or any section thereof or to
which the public or any section thereof has a right of access and except where in-consistent with the context includes -

(a) the verge of any such road, street or thoroughfare
(b) any footpath, sidewalk or similar pedestrian portion of a road reserve;
(c) any bridge, ferry or drift traversed by any such road, street or thoroughfare;
(d) any other object belonging to such road, street or thoroughfare.

tare, in relation to a motor vehicle, means the mass of such a vehicle ready to travel on a road and includes the mass of-

(a) any spare wheel and of all other accessories and equipment supplied by the manufacturer as standard for the particular model
of motor vehicle concerned;
(b) anything which is a permanent part of the structure of such vehicle;
(c) anything attached to such vehicle so as to form a structural alteration of a permanent structure; and
(d) the accumulators, if such vehicle is self-propelled by electrical power, but does not include the mass of-
(i) fuel, and
(ii) anything attached to such vehicle which is not of the nature referred to in paragraph (b) or (c);

trailer means a vehicle which is not self-propelled and designed or adapted to be drawn by a motor vehicle, but does not include a
side-car fitted to a motor cycle;

"vehicle" means a device designed or adapted mainly to travel on wheels or crawler tracks and includes such a device which is con-
nected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle
or all the axles of a motor vehicle which is being salvaged other than such a device which moves solely on rails; and

"work" means work of any nature whatsoever undertaken on any land within the area of jurisdiction of Maluti-a-Phofung Municipality
and, without in any way limiting the ordinary meaning of the word, includes the erection of a new building or alterations or additions to
any existing building, the laying of cables and pipes, the dumping of building or other material anywhere in the street, or delivery to or
removal from any site of any soil or material of any nature whatsoever.

Streets, sidewalks and encroachments on streets


(a) make, construct, reconstruct, or alter a street or sidewalk in a street

(i) except with the written permission of the municipality, or
(ii) otherwise than in accordance with the requirements prescribed by the municipality, or

(b) construct a verandah, stoep, steps or other projection or erect a post in a street except with the written permission of the mu-
nicipality.

Advertisements visible from streets

3. (1) No person shall display any advertisement, placard, poster or bill in a street

(a) except with the written permission of the municipality, and
(b) otherwise than in accordance with such conditions as may be determined by the municipality.

(2) This section shall not be applicable to signs which have been exempted under the provisions of the municipality's by-law relat-
ing to Outdoor Advertising.

Animals or objects causing an obstruction

(a) deposit or leave any goods or articles in a street, other than for a reasonable period during the course of the loading, off-
loading or removal thereof, or
(b) in any way obstruct the pedestrian traffic on a sidewalk by bringing or allowing to be brought thereon any animal, object or
vehicle (other than a perambulator or wheel-chair which is being used for the conveyance of children or the disabled), or
(c) cause or allow any blind, awning, cord or other object to project or to be stretched over or onto a street -

(i) except with the written permission of the municipality, or
(ii) otherwise than in accordance with such conditions as may be determined by the municipality.

70

Trees in streets

5. (1) No person shall -

(a) plant a tree or shrub in a street, or in any way cut down a tree or a shrub in a street or remove it there from, except with
the written permission of the municipality;
(b) climb, break or damage a tree growing in a street, or
(c) in any way mark or paint any tree growing in a street or attach any advertisement thereto.

(2) Any tree or shrub planted in a street shall become the property of the municipality.

Trees or growth causing an interference or obstruction

6. (1) Whenever there is upon any property any tree or other growth which interferes with overhead wires or is a source of
annoyance, danger or inconvenience to persons using a street, the municipality may by notice in writing order the owner or
occupier of such property to prune or remove such tree or growth to the extent and within the period specified in such notice.

(2) Any person failing to comply with a notice issued in terms of subsection (1) shall be guilty of an offence.

(3) If any person fails to comply with a notice in terms of this section, the municipality may itself prune or remove the tree or
growth at the expense of the person on whom the notice was served.

Refuse, motor vehicle wrecks, waste material, etc.

7. No person shall

(a) dump, leave or accumulate any garden refuse, motor vehicle wrecks, spare parts of vehicles, building or waste materials, rub-
bish or any other waste products in any street or public place, or

(b) permit any such objects or substances to be dumped or placed in a street or public place from premises owned or occupied by
him,

except with the written permission of the municipality and otherwise than in accordance with such conditions as may be determined by
the municipality.

Prohibition upon certain activities in connection with objects in streets

8. No person shall, in a street -

(a) effect any repairs or service to a vehicle, except where necessary for the purpose of removing such vehicle from the place
where it was involved in an accident, or

(b) clean or wash a vehicle.

Prohibition upon games and other acts in streets


(a) roll a hoop, fly a kite, shoot with a bow and arrow or catapult, discharge fireworks or throw a stone, stick or other projectile in,
onto or across a street, or

(b) do anything in a street which may endanger the life or safety of any person, animal or thing or may be a nuisance, obstruction
or annoyance to the public unless such street is provided with clear signs and identifiable paving and street furniture which
distinguishes it as residential erf or street park.

Use of explosives

10. No person shall in or upon a street use explosives or undertake blasting operations -


Conveyance of animal carcasses or other waste products through streets

11. No person shall carry or convey through a street the carcase of an animal or any garbage, night soil, refuse, litter, rubbish, manure,
gravel or sand -

(a) unless it is properly covered, and

(b) unless it is conveyed in such type of container as will not allow any offensive liquids or parts of the load to be spilt in the street.

Fences on street boundaries

12. No person shall erect a barbed-wire fence or other dangerous fence on the boundary of a street except with the written permission of
the municipality.

Building materials in streets

13. No person shall bore or cut stone or bricks, slake or sift lime, or mix building materials , or store or place building materials in a street
except with the written permission of the municipality, and then only in accordance with the requirements prescribed by the municipal-
ity.

Balconies and verandahs

14. No person shall, except with the written permission of the municipality

(a) use a balcony or verandah erected beyond the boundary line of a street for purposes of trading or the storage of goods, or for
the washing or drying of clothes thereon, or

(b) enclose or partition a balcony or verandah erected beyond the boundary line of a street or portion thereof as a living or
bedroom.

Drying of washing on fences on boundaries of streets

15. No person shall dry or spread washing on a fence on the boundary of a street.

Outspanning in streets

16. No person shall outspan or allow to be outspanned in any street any vehicle drawn by animals, or detach or leave in any street any
trailer, caravan or vehicle which is not self-propelled; provided that this provision shall not apply to the actual loading or unloading of
such vehicle.

Protection of street surface

17. (1) No person shall

(a) use a vehicle or allow it to be used in any street if such vehicle is in such a defective condition that it will or may cause
damage to any street, and

(a) drive, push, roll, pull or propel any object, machine or other material through or along a street in such a way, or while such
object, machine or material is in such a condition, as may damage, break or destroy the surface of the street in any way.

(a) undertake any work which may cause the surface of any street to be altered, damaged or broken without the permission
of the municipality.

(2) If the municipality identifies a person who, as a result of the actions referred to in subsection (1), has damaged, broken or
destroyed the surface of a street, the cost of repairs, as determined by the municipality, may be recovered from the offender.

72

(3) Any person who is the owner of land on which any work is done shall be liable for any damage to any portion of a street
caused by or in connection with the execution of such work by such owner, his or her employee or any independent contractor
acting on behalf of such owner.

(4) When any work which has to be undertaken on any land entails the driving of vehicles over kerbs, sidewalks or road verges,
the owner of such land shall not commence, or allow any other person to commence, any such work unless and until such a
person has deposited with the municipality an amount sufficient to cover the cost of repairing any damage which may be
caused to any portion of such street as a result of, or in connection with, the execution of such work by such owner, his or her
employee or any independent contractor acting on behalf of such owner.

(5) After completion of such work, the municipality shall itself undertake the repair of any portion of such street as may have
been damaged by such work and shall set off the cost of such repairs against such deposit. If such cost is less than the
amount of the deposit, the municipality shall refund the balance to the depositor, but if the amount of the deposit does
not cover such cost, the owner shall be liable for the difference, which shall become payable on receipt of an account specify-
ing the additional amount due.

(6) No person other than an authorised official of the municipality in the performance of his or her duties may apply, mark, paint
or draw lines, marks, words, signs or advertisements on the surface of a street.

Damaging of notice-boards

18. No person shall deface, damage or in any way interfere with any notice-board, road traffic sign, street-name board or other similar sign
or any hoarding which has been erected in a street by or with the permission of the municipality.

Street and door-to-door collections


(a) collect or attempt to collect money in a street or organise or in any way assist in the organisation of such collection, except with
the written permission of the municipality and otherwise than in accordance with such conditions as may be determined by the
municipality, or

(a) collect from door to door, beg or solicit or accept alms, except with the written permission of the municipality.

Excavations in streets

20. No person shall make or cause to be made an excavation or dig or cause to be dug a pit, trench or hole in a street -

(b) otherwise than in accordance with the requirements prescribed by the municipality.

Poison in streets

21. No person other than an official of the municipality or an authorised person who administers legally approved weed-killers or poisons,
shall use, set or cast poison in any street.

Processions

22. (1) Subject to the provisions of sub-section (6) no person shall hold, organise, initiate, control or actively participate in a procession
or gathering in a street, or dance or sing or play a musical instrument, or do anything which is likely to cause a gathering of
persons or the disruption or obstruction of traffic in such street, or shall use any loudspeaker or other device for the reproduc-
tion or amplification of sound without the written permission of the municipality in terms of subsections(2) and (3).

(2) Any person who intends to perform or carry out any one or more of the actions described in subsection (1) in any street shall
submit a written application for permission thereto, which shall reach the municipality at least seven days before the date upon
which any one or more of such actions is or are intended to be performed or carried out; provided that persons who intend
participating actively in a procession, or gathering in any street need not apply to the municipality for permission thereto and it
shall not be illegal for such persons to participate actively in such procession or gathering if the organiser,
promotor or controller thereof has obtained the permission of the municipality. An application made in
terms hereof shall contain the following:


(a) full details of the name, address and occupation of the applicant;
(b) full details of the street where or route along which any one or more of the actions prescribed in subsection(1) is or are
intended to be performed or carried out, proposed starting and finishing times or any one or more of the aforesaid ac-
tions and, in the case of processions and gatherings, the number of persons expected to attend, and
(c) general details of the purpose of any one or more of the aforesaid actions intended to be performed or carried out.

(3) Any application submitted in accordance with subsection (2) shall be considered by the municipality, and if any one or more of
the actions to be performed or carried out as proposed in such application is or are not, in the opinion of the municipality, likely
to be in conflict with the interests of public peace, good order or safety, the municipality shall issue a certificate granting per-
mission and authorisation for the performance or carrying out of any one or more of such actions subject to such conditions as
the municipality may deem necessary to uphold public peace, good order or safety.

(4) The municipality may refuse to grant permission for the performance or carrying out of any one or more of the actions de-
scribed in subsection (1), if the performance or carrying out of such action or actions will, in the opinion of the municipality, be
in conflict with the interests of public peace, good order or safety.

(5) The municipality may withdraw any permission granted in terms of subsection (3), if, as a result of further information, it is of
the opinion that the performance or carrying out of the action or action in question will be in conflict with the interests of public
peace, good order or safety.

(6) The provisions of this section shall not apply

(a) to wedding or funeral processions
(b) to a gathering or demonstration as contemplated by the Regulation of Gatherings Act No 205 of 1993 in which case the
provisions of the said act shall be applicable.

Roller-skating and skating on skate-boards

23. No person shall, except with the prior written permission of the municipality, skate on roller skates or a skate board or a similar device
in or on a public road or in or upon an area where skating is prohibited by an applicable road traffic sign.

Persons to be decently clad

24. No person shall appear in any street without being clothed in such a manner as decency demands.

Overflow of water into streets

25. No person shall cause or allow any water other than rain water to flow into a street except in the case of emergency.

Behaviour in streets


(a) cause a nuisance to other persons by loitering, standing, sitting or lying or begging;
(b) sleep, overnight or erect any shelter;
(c) wash or dry clothes, blankets or any other domestic articles;
(d) use abusive, insulting, obscene, threatening or blasphemous language;
(e) fight or act in a riotous manner;
(f) discharge a fire-arm, airgun or air-pistol;

(g) annoy or inconvenience any other person by yelling, shouting or making any noise in any manner whatsoever;
(h) defacate, urinate or wash himself;
(i) solicit or importune any person for the purpose of prostitution or immorality;
(j) engage in gambling;
(k) use intoxicating liquor or drugs;
(l) spit

in a street.

74

Animals in a street

27. No owner or person -

(a) in charge of any wild or ferocious animal, monkey or horned cattle shall allow such animals at any time to be insufficiently
attended or at large in any street or shall keep any such animal in such a manner as to be a danger or annoyance to the
public; or

(b) shall, allow, permit or cause any animal to graze or stray in or about any street.

Display of street number of places

28. (1) The municipality may prescribe by notice in writing to the owner of any premises that a number allocated to such premises by
the municipality in terms of section 37(c) shall be displayed and the owner of such premises shall, within 30 days of the date of
such notice, display the allocated number on the premises.

(2) a number displayed as contemplated by sub-section (1) shall

(a) be displayed in a conspicuous position on the premises and must at all times be visible and legible from the adjacent
street; and

(b) be replaced by the owner of the premises as often as it gets obliterated, defaced or illegible.

Bridges and crossings over gutters and sidewalks

29. No private crossing, pathway, bridge or culvert shall be made or built to or in front of any dwelling or other premises in any street or
public place

(b) otherwise than in accordance with the requirements prescribed by the municipality.

Control of amusement shows and devices

30. (1) No person shall set up or use in any street or public place any circus, roundabout or other side-show or device for the
amusement or recreation of the public

(a) except with the written permission of the municipality
(c) unless suitable sanitary conveniences for both sexes of the staff have been provided , and
(d) if it is in any way dangerous or unsafe for public use.

(2) An authorised official of the municipality shall, for the purposes of inspection, at all reasonable times have free access to such
circus, whirligig, roundabout or other side-show or device.

Control of animal-drawn vehicles


(a) simultaneously drive or be in control of more than one animal-drawn vehicle in a street;
(b) drive or be in control of an animal-drawn vehicle in a street if he or she is under 16 years of age, or

(c) if he or she is in control of an animal-drawn vehicle in a street, allow a person under 16 years of age to drive or be in
control of such vehicle.

Vehicles to be attended

32. No person shall, in a street, sleep in a vehicle other than a motor vehicle parked in a taxi rank or on some other stand duly allocated by
the municipality.


Municipality may act and recover costs

33. (1) Notwithstanding any other provisions of this by-law, the municipality may

(a) where the permission of the municipality is required before a person may perform a certain action or build or erect any-
thing, and such permission has not been obtained, and
(b) where any provision of this by-law is contravened under circumstances in which the contravention may be terminated by
the removal of any structure, object, material or substance,

serve a written notice on the owner of the premises or the offender, as the case may be, to terminate such contravention, or to remove
the structure, object, material or substance, or to take such other steps as the municipality may require to rectify such contravention
within the period stated in such notice.

(2) Any person who fails to comply with a notice in terms of subsection (1) shall be guilty of an offence, and the municipality may,
without prejudice to its powers to take action against the offender, take the necessary steps to implement such notice at the
expense of the owner of the premises or the offender, as the case may be.

Closure and diversion of streets

34. No person shall, without the approval of the municipality, close or barricade any street or restrict access thereto.

35. (1) The municipality may close or divert any public street or part thereof;
(2) When the municipality decides to act in terms of subsection (1), it shall
give notice of such intention in terms of its communication policy;
(3) Any objection against the intended action must be delivered in writing to the Municipal Manager within 30 days from the
date of notification in terms of subsection (2) for submission to Council or a committee or person who has delegated pow-
ers to decide upon it.

36. The municipality may, without complying with the provisions of section 35 -
(a) temporarily close a public street -
(i) for the purpose of or pending the construction, reconstruction, maintenance or repair of such street;
(ii) for the purpose of or pending the construction, erection, laying, extension, maintenance, repair or demolition of any
building, structure, works or service alongside, on, across, through, over or under such street;
(iii) if such street is, in the opinion of the municipality, in a state dangerous to traffic;
(iv) by reason of any emergency or public event which, in the opinion of the municipality, requires special measures for
the control of traffic or special provision for the accommodation of crowds, or
(v) for any other reason which, in the opinion of the municipality, renders the temporary closing of such street neces-
sary, and
(b) temporarily divert a public street which has been closed in terms of paragraph (a).

Construction, maintenance and naming of streets and public places

37. The municipality may in its area-

(a) make, construct, reconstruct, alter and maintain streets and public places;
(b) name and re-name streets and public places;
(c) allocate and re-allocate numbers to properties abutting on streets and public places.

Declaration of public streets and public places

38. (1) The municipality may declare any street or portion thereof to be a public street or any place to be a public place;
(2) When the municipality decides to act in terms of subsection (1), it shall
give notice of such intention in terms of its communication policy;
(3) Any objection against the intended action must be delivered in writing to the Municipal Manager within 30 days from the
date of notification in terms of subsection (2) for submission to Council or a committee or person who has delegated pow-
ers to decide upon it.

76
Parking of Heavy Vehicles and Caravans

39. (1) No person shall park on a public road within the municipal area-

(a) a motor vehicle with a tare exceeding 3500 kg;
(c) a trailer;
(d) a semi-trailer, or
(e) a caravan,
for an uninterrupted period exceeding two hours.

(2) Whenever a vehicle is parked in contravention of sub section (1), it shall be deemed that such vehicle has been parked by the
owner thereof unless the contrary is proved.

Penalty

40. Any person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction
to

(1) a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and,

(2) in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprison-
ment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is contin-
ued and,

(3) a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such
contravention or failure.
_________________________________________________________________________________________________________________


PUBLICATION OF BY-LAWS RELATING TO THE KEEPING OF ANIMALS, BIRDS AND POULTRY AND BUSINESS INVOLVING THE
KEEPING OF ANIMALS, BIRDS AND POULTRY OR PETS FOR THE MALUTI-A-PHOFUNG MUNICIPALITY


1. That in terms of section 13 of the Local Government: Municipal Systems Act No. 32 of 2000, the By-laws relating to the
Keeping of Animals, Birds and Poultry and Business Involving the Keeping of Animals, birds and Poultry or Pets as pub-
lished in the OFS Provincial Gazette on 22 April 2005 (Notice Number 30 of 2005) be adopted for the Maluti-a-Phofung
Municipality.


TM MANYONI
MUNICIPAL MANAGER
MALUTI-a-PHOFUNG
15 September 2005


Maluti-a-Phofung Municipality

BY-LAWS RELATING TO THE KEEPING OF ANIMALS, BIRDS AND POULTRY AND BUSINESS INVOLVING THE KEEPING OF ANI-
MALS, BIRDS AND POULTRY OR PETS

INDEX

CHAPTER 1

GENERAL

Section

1. Definitions

2. Application of By-laws

3. Premises for the keeping of Livestock and Kennels

4. Keeping of Animals, Poultry and Birds

5. Permits for keeping of Animals and Poultry

CHAPTER 2

KEEPING OF CATTLE, HORSES, MULES AND DONKEYS

6. Requirements for Premises

7. Duties of Keeper of Cattle, Horses, Mules and Donkeys

CHAPTER 3

KEEPING OF PIGS


9. Duties of Keeper of Pigs

CHAPTER 4

KEEPING OF GOATS AND SHEEP


11. Duties of Keeper of Goats and Sheep

CHAPTER 5

KEEPING OF POULTRY


13. Duties of Keeper of Poultry

CHAPTER 6

KEEPING OF RABBITS


78
15. Duties of Keeper of Rabbits

CHAPTER 7

KEEPING OF BIRDS


17. Duties of Keeper of Birds

CHAPTER 8

DOG KENNELS AND CATTERIES


19. Duties of Person in control of Kennels or Catteries

CHAPTER 9

PET SHOPS AND PET SALONS


21. Duties of Trader

CHAPTER 10

MISCELLANEOUS

22. Draining

23. Nuisance

24. Inspection

25. Offences and Penalties

SCHEDULE 1: PERMIT
SCHEDULE 2: APPLICATION FOR PERMIT

CHAPTER 1

GENERAL

Purpose of By-law

To provide for the control over the keeping of animals, birds and poultry and the business involving the keeping of animals, birds and poultry or
pets

Definitions

1. In this By -laws, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, unless the
context otherwise indicates

adequate means adequate in the opinion of the council;

animal means any cattle, sheep goat, horse, mule, donkey, pig, rabbit, cat and dog;

approved means approved by the health officer;

aviary means a roofed or unroofed enclosure used for the keeping of birds, other than a portable cage;

battery system means the method of keeping poultry or rabbits in cages in either single rows or tier formation with in a building or
structure;

bird means a feathered vertebrate other than poultry;

cattery means premises in or upon which boarding facilities for cats are provided or cats are kept and bred for commercial pur-
poses;

council means the municipal council of the Municipality of Maluti-a-Phofung;

dwelling means any building or part thereof used for human habitation;

enclosure in relation to animals, means any kraal, pen, paddock or other such fenced or enclosed area used for accommodating,
keeping or exercising animals;

health officer means any person registered as an environmental health practitioner with the Health Professions Council of South
Africa and includes environmental health assistants as we;; as student environmental health practitioners.

kennels means premises in or upon which
(a) boarding facilities for dogs are provided;
(b) dogs are bred for commercial purposes; or
(c) dogs are kept for the purpose of being trained or hired with or without handlers;

livestock means horses, cattle, sheep, goats, pigs, mules, donkeys and poultry;

nuisance means a health nuisance as defined in the National Health Act, 2003 (Act 61 of 2003);

permit holder means the person to whom a permit has been issued by the health officer in terms of this by-law;

person in control means the person actually managing or actually in control of a premises or a business;

pet means any domestic or other animal which may be lawfully kept as a pet and includes any bird and non-poisonous reptile;

pet salon means any premises in or upon which beauty treatment is given to dogs or cats by washing, drying, brushing, clipping,
trimming or by attending to their nails or teeth;

pet shop means the business of keeping and selling pets;

pigsty means a building, structure or enclosure in which pigs are kept;

poultry means fowls, ducks, Muscovy ducks, geese, turkeys, pigeons, peacocks and domestic guinea-fowls;

poultry house means any roofed-over building structure other than one in which a battery system is operated, in which poultry is
kept;

poultry run means any unroofed wire mesh or other enclosure, whether or not an addition to a poultry house, in which poultry is
kept;

premises means any land, building or structure or any portion of land, building or structure on or in which any of the activities regu-
lated by these by-laws are carried on;

public place means any road, street, pavement, sidewalk, park or other place to which the public has authorised and unimpeded
access;

rabbit hutch means any roofed-over building or structure, other than one in which a battery system is operated in which rabbits are
kept;

rabbit run means any unroofed wire mesh or other enclosure whether or not an addition to a rabbit hutch, in which rabbits are kept;

stable means any building or structure or any party thereof used for accommodating or keeping any cattle, horses, mules or don-
keys;

80

Application of By-laws

2. (1) the provisions of these by-laws shall not apply to

(a) keeping of cows for commercial milk production;
(b) any agricultural show where animals, poultry, or birds are kept on a temporary basis;
(c) any laboratory where animals, poultry or birds are kept for research purposes.

Provided that the health officer may, if he is satisfied that the application of one or more provisions of this by-law is essential
in the interest of public health by notice to the person concerned require such provision be complied with.

(2) The provisions of section 4, 5, 10 and 11 shall not apply to the temporary keeping of a goat on any land for the provision of
milk for medical reasons, provided that prior approval of the health officer, is obtained and no nuisance arise from the keeping
of such goat.

(3) The provisions of section 3.4(a), 6, 8, 10, 12, 14, 16, 18, 19 and 21 shall apply only to premises which are newly constructed,
re-constructed or converted after the commencement of this by-law. Provided that the health officer may, if he is satisfied that
the application of any one or more of the said requirements is essential in the interest of public health, give notice in writing to
the owner or person in control of such premises, to comply with such requirements as he/she may specify and within a reason-
able period stated in the notice.

(4) The provisions of sections 12(d), (f) and (g) and 13 (d) to (h) inclusive, shall not apply to the keeping of poultry not in excess of
ten in number;

(5) The provisions of sections 14(c) and (e) and 15 (d) to (h) inclusive, shall not apply to the keeping of rabbits not in excess of ten
in number.

Premises for the Keeping of Livestock and Kennels

3. No person shall

(a) keep any livestock, other than poultry, or maintain kennels within any area defined by the council as unsuitable for the keeping
of livestock and the maintenance of kennels; Provided that the foregoing shall not apply in respect of a veterinary clinic or vet-
erinary hospital operating with the councils consent;

(b) keep any livestock, other than poultry, on premises situated on land less than 1 ha in extent: Provided that in the case of a
dealer or speculator in livestock the land shall not be less than 2,5 ha in extent.

Keeping of Animals, Poultry and Birds

4. No person shall keep any animal, poultry or bird in or upon any premises

(a) which does not comply with the provisions of this by-law.;

(b) which are so constructed, maintained or situated that the keeping of animals, poultry or birds thereon is, in the opinion of the
health officer, likely to cause a nuisance or injury to health.

Permits for Keeping of Animals and Poultry


(a) keep any animal, other than a cat, dog or more than ten rabbits or poultry in excess of twenty, unless he is the holder
of a permit issued by the health officer in the forms set out in Schedule 1 hereto: Provided that such permit shall not be
required for the keeping of any animals or poultry in connection with the business of a pet shop;

(b) keep any animal or poultry in excess of the number specified in such permit: Provided that progeny of any mammal still
suckling, shall not be taken into account.

(2) Application for such a permit shall be made to the health officer in the form set out in Schedule 2 hereto.

(3) A permit shall not be transferable and shall expire on the date on which the permit holder ceases to keep the animals or poultry
for which the permit was issued.

(4) A permit holder shall in writing notify the health officer if he ceases to keep the animals or poultry in respect of which a permit
was issued or of any increase in the number of animals or poultry kept in excess of the number specified in the permit con-
cerned, within ten days of any such occurrence.

(5) the council may cancel a permit issued in terms of sub section (1)(a), if

(a) the construction or maintenance of the premises concerned at any time does not comply with any provision of this by-
law or the permit holder contravenes, or fails to comply with a written notice from the health officer requiring him to
make such premises comply with the by-law or to cease such contravention or failure within a period specified in such
notice;

(b) any disease, which in the opinion of the health officer or a veterinarian, is of such a nature that it is likely to constitute a
danger to the public health or to other animals or poultry, breaks out amongst the animals or poultry kept under such
permit;

(c) the permit holder or person in control of the premises at the time, personally or through his employee obstructs the
health officer in his execution of his duties under this by-law;

(d) the permit holder has been found guilty in a competent court of a contravention of this by-law;

(e) in the opinion of the health officer, a public nuisance exists due to the keeping of the animals;

(6) The health officer shall as soon as a permit has been cancelled notify the permit holder of that fact in writing;

(7) The health officer may, subject to the foregoing provisions of this section, issue a new permit if he is satisfied that the reason
for the cancellation no longer exists or that there is no reason why a new permit should not be issued.

CHAPTER 2

KEEPING OF CATTLE, HORSES, MULES AND DONKEYS

Requirements for Premises

6. For the keeping of any cattle, horse, mule or donkey a stable or enclosure complying with the following requirements, shall be pro-
vided:

(a) Every wall and partition of the stable shall be constructed of brick, stone, concrete or other durable material.

(b)(i) Except in the case of a stable open along the entire length of one of its long sides, lighting and ventilation shall be provided by
openings or glazed opening windows or louvers totalling at least 0,3 m for each animal to be accommodated therein.

(ii) The lowest point of every such opening, window or louver shall be at least 1,8m above floor level.

(c) The floor of the stable shall be constructed of concrete or other durable and impervious material brought to a smooth finish,
graded to a channel and drained in terms of section 23.

(d) No enclosure shall be situated within 100m and no stable shall be situated less than 15m of any boundary of any land, dwelling
or other building or structure used for human habitation or within 50m of any well, water course or other source of water supply
intended or used for human consumption.

(e) A potable water supply adequate for drinking and cleansing purposes, shall be provided in or adjacent to every stable or enclo-
sure.

Duties of Keeper of Cattle, Horses, Mules and Donkeys

7. Every person keeping any cattle, horse, mule or donkey shall

(a) ensure that any such animal is kept within a stable or enclosure;

(b) maintain the premises, any equipment, apparatus, container and receptacle used in connection with such keeping in a clean
and sanitary condition and in good repair;

82
(c) provide portable manure storage receptacles of an impervious material and with close fitting lids;

(d) if the manure and bedding is of such quality that storage receptacles are inadequate or impractical, provide a suitable manure
midden.

CHAPTER 3

KEEPING OF PIGS


8. (1) For the keeping of pigs, a pigsty complying with the following requirements shall be provided:

(a) Every wall shall be constructed of brick, stone, concrete or other durable material not less than 1,5m in height and shall
have a smooth internal surface.

(b) The floor shall be at least 150mm above the surrounding ground level, constructed of concrete or other durable and
impervious material brought to a smooth finish, graded for the run-off of liquids into an open channel outside the pigsty
constructed of concrete, glazed earthenware, or other durable and impervious material, measuring not less than
100mm in diameter and drained in terms of section 23.

(c) No pigsty shall be situated within 100m of any dwelling or other building or structure used for human habitation or of
the boundary of any land or of any well, water course or other source of water supply intended or used for human con-
sumption.

(2) A potable water supply adequate for drinking and cleaning purposes shall be provided in or adjacent to the pigsty.

Duties of Keeper of Pigs

9. Every person keeping pigs shall

(a) ensure that every pig is kept within a pigsty;

(b) maintain the premises and any equipment, apparatus, container and receptacle used in connection with such keeping, in a
clean and sanitary condition and in good repair;

(c) remove all manure from the pigsty on a regular and nuisance free basis;

(d) take effective measures for the prevention of harbouring or breeding of, and for the destruction of flies, cockroaches, rodents
and other vermin.

CHAPTER 4

KEEPING OF GOATS AND SHEEP


10. For the keeping of any goat or sheep, premises complying with the following requirements shall be provided:

(a) No building or shed shall be situated within 15m and no enclosure within 100m of any boundary of any land, dwelling or any
other building or structure used for human habitation or within 50m of any well, water course or other source of water supply
intended or used for human consumption.

(b) A potable water supply adequate for drinking and cleaning purposes shall be provided in or adjacent to every stable or enclo-
sure.

Duties of Keeper of Goats and Sheep

11. Every person keeping any goat or sheep shall

(a) ensure that every such animal is kept within an enclosure building or shed;

(b) maintain the premises and any equipment, apparatus, container and receptacle used in connection with such keeping in a
clean sanitary condition and in good repair.

(c) take effective measures for the prevention of harbouring and breeding of, and for the destruction of flies, cockroaches, roaches
and other vermin.

CHAPTER 5

KEEPING OF POULTRY

Requirements of Premises

12. For the keeping of poultry, premises complying with the following requirements shall be provided:

(a) A poultry house complying with the following requirements:

(i) every wall thereof shall be constructed of brick, stone, concrete or other durable material and shall have a smooth in-
ternal surface.

(ii) the floor shall be constructed of concrete or other durable and impervious material brought to a smooth finish.

(iii) the upper floors of the structure of two or more tiers shall be of an impervious and easily cleaned material.

(b) A poultry run, if provided, shall be enclosed with wire mesh or other durable material.

(c) If a battery system is to be operated, a building or structure in which such a system shall be houses, constructed and quipped
in accordance with the following requirements shall be provided:

(i) every wall, if provided, shall be at least 2.4m high, and shall be constructed of concrete, stone, brick or other durable
material and shall have a smooth internal surface.

(ii) If walls are provided, the building shall be ventilated and lighted by means of mechanical ventilation and artificial light-
ing or by obtaining natural ventilation and light through openings or opening windows of an area equal to not less than
15% of the floor area of the building.

(iii) The floor shall be constructed of concrete or other durable and impervious material brought to a smooth finish, and if
required by the health officer, the floor surface shall be graded to a channel drained in terms of section 23.

(iv) If no walls are provided, or the walls are of metal, the floor shall be provided with a cur at least 150mm high around its
extremities.

(v) Every junction between the floor and walls and curbing shall be coved.

(vi) The cages of the battery system shall be constructed of an impervious material.

(vii) If required by the health officer, a tray of an impervious material and design shall be fitted under every cage for the
collection of manure.

(viii) A suitable zink with a constant supply of water laid on shall be provided and drained in terms of section 25.

(d) A potable water supply adequate for drinking and cleaning purposes shall be provided in or adjacent to the battery system or
structure or poultry house.

(e) There shall be at least 100m of space between any poultry house, poultry run, or building or structure housing a battery system
and the nearest point of any dwelling, other building or structure used for human habitation or place where foodstuffs are
stored or prepared for human consumption and the nearest boundary of any land.

(f) A rodent proof store-room shall be provided for the storage of feed.

Duties of Keeper of Poultry

13. Every person keeping poultry shall

(a) ensure that all poultry is kept within the poultry house, poultry run or building or structure housing a battery system;
84

clean, sanitary condition and in good repair;

(c) maintain the premises free from offensive odours and every poultry house, poultry run or building or structure housing a bat-
tery system and all cages clean and free from vermin;

(d) ensure that such poultry do not disturb or hinder the comfort, convenience, piece or quite of the public;

(e) remove all manure and other waste from a poultry house and poultry run at least once every 48 hours and once every 4 days
or at such longer intervals approved by the health officer from a building or structure housing a battery system, regard being
had to the prevention of a public health nuisance caused by offensive smell;

(f) not store any material or article in any poultry house, poultry run or building or structure housing a battery system, except ma-
terial or an article which is required for use in such house.

(g) take effective measures for the prevention of harbouring and breeding and for the destruction of flies, cockroaches, rodents
and other vermin and for the prevention of offensive odours arising from the keeping of poultry on the premises.

CHAPTER 6

KEEPING OF RABBITS

Requirement of Premises

14. For the keeping of rabbits premises complying with the following requirements shall be provided:

(a) a rabbit hutch complying with the following requirements:

(i) every wall thereof shall be constructed of brick, stone, concrete or other durable material and shall have a smooth in-
ternal surface.

(ii) The floor surface which shall be at least 150mm above ground level shall be constructed of concrete or other durable
and impervious material brought to a smooth finish and, if required by the health officer, the floor shall be graded to a
channel drained in terms of section 23.

(iii) Natural light and ventilation shall be provided.

(iv) It shall have a minimum area of 0,4m for every rabbit to be accommodated therein.

(v) A rabbit run, if provided, shall be enclosed with wire mesh or other durable material and constructed so as to prevent
the escape of rabbits from the run.

(b) If a battery system is to be operated, a building or structure in which such system shall be housed, constructed and equipped
in accordance with the following requirements shall be provided:

(i) every wall, if provided, shall be at least 2.4m high, and shall be constructed of concrete, stone, brick or other durable
material and shall have a smooth internal surface.

(ii) If walls are provided, the building shall be ventilated and lighted by means of mechanical ventilation and artificial light-
ing or by obtaining natural ventilation and light through openings or opening windows of an area equal to not less than
15% of the floor area of the building.

(iii) The floor shall be constructed of concrete or other durable and impervious material brought to a smooth finish, and if
required by the health officer, the floor surface shall be graded to a channel drained in terms of section 23.

(iv) If no walls are provided, or the walls are of metal, the floor shall be provided with a cur at least 150mm high around its
extremities.

(v) Every junction between the floor and walls and curbing shall be coved.

(vi) The cages of the battery system shall be constructed of an impervious material.

(vii) If required by the health officer, a tray of an impervious material and design shall be fitted under every cage for the
collection of manure.

(viii) A suitable zink with a constant supply of water laid on shall be provided and drained in terms of section 25.

(c) A potable water supply adequate for drinking and cleaning purposes shall be provided in or adjacent to the battery system or
structure or poultry house.

(d) There shall be at least 100m of clear unobstructed space between a rabbit hutch, rabbit run, or building or structure housing a
battery system and the nearest point of any dwelling, other building or structure used for human habitation or place where
foodstuffs are stored or prepared for human consumption and the nearest boundary of any land.

Duties of Keeper of Rabbits

15. Every person keeping rabbits shall

(a) ensure that rabbits are kept within the rabbit hutch, rabbit run or building or structure housing a battery system.

clean, sanitary condition and in good repair;

(c) maintain the premises free from offensive odours and every rabbit hutch, rabbit run or building or structure housing a battery
system and all cages clean and free from vermin;

(d) not store any material or article in any rabbit hutch, rabbit run or building or structure housing a battery system, except material
or an article which is required for use in such house, run or building or structure.

(g) take effective measures for the prevention of harbouring and breeding and for the destruction of flies, cockroaches, rodents
and other vermin and for the prevention of offensive odours arising from the keeping of rabbits on the premises.

CHAPTER 7

KEEPING OF BIRDS

Requirements of Premises

16. For the keeping of birds in any aviary, premises complying with the following requirements shall be provided:

(a) The aviary shall be properly constructed of durable materials, rodent proof and provided with access thereto adequate for
cleaning purposes.

(b) If the aviary is constructed above ground level, the base thereof shall be constructed of an impervious and durable material
and shall not be less than 300mm above ground level.

(c) No aviary shall be situated within 3m of any building or structure, boundary fence or boundary wall.

(d) A potable supply of water shall be provided adequate for drinking and cleaning purposes.

Duties of Keeper of Birds

17. Every person who keeps birds in an aviary shall

(a) ensure that the aviary and the premises are kept in a clean condition and free from vermin.

(b) take effective measures for the prevention of harbouring and breeding and for the destruction of flies, cockroaches, rodents
and other vermin.

(c) ensure that such birds do not disturb or hinder the comfort, convenience, piece and quiet of the public.

86

CHAPTER 8

DOG KENNELS AND CATTERIES


18. (1) Every dog or cat shall be kept in an enclosure complying with the following requirements:

(a) It shall be constructed of durable materials and shall have access thereto adequate for cleaning purposes.

(b) The floor shall be constructed of concrete or other durable and impervious material brought to a smooth finish and
graded to a channel 100mm wide, extending the full width of the floor and situated within the enclosure, which channel
shall be graded and drained into a gully connected to the councils sewer.

(2) Every enclosure referred to in subsection (1) shall contain a roofed shelter for the accommodation of dogs or cats complying
with the following requirements:

(a) Every wall shall be constructed of brick, stone, concrete or other durable material and shall have a smooth internal
surface without cracks or open joints.

(b) The floor shall be of concrete or other impervious and durable material brought to a smooth finish without cracks or
open joints.

(c) Every shelter shall have adequate access thereto for cleaning and deverminising.

(3) A potable water supply shall be provided in or adjacent to the enclosure adequate for drinking and cleaning purposes.

(4) At least 5m of clear unobstructed space shall be provided between any shelter or enclosure and the nearest point of any dwell-
ing, other building or structure used for human habitation or place where food is stored or prepared for human consumption or
the boundary of any land.

(5) Isolation facilities shall be provided for sick dogs or cats.

(6) If washing, clipping or grooming of pets is done, the following facilities shall be provided:

(a) A room fitted with a bath or similar approved fitting and wash hand with a constant supply of hot and cold running water
laid on.

(b) A clipping and grooming room fitted with approved impervious topped tables and an adequate number of portable stor-
age receptacles of an impervious durable material with close fitting lids for the storage of cut hair pending removal.

(c) The floors of the rooms referred to in paragraphs (a) and (b) shall be constructed of concrete or other durable and im-
pervious material, brought to a smooth finish.

(d) Every internal wall surface shall be smooth plastered and painted, with washable paint.

(7) If cages are provided for the keeping of cats, such cages shall be of durable impervious material and constructed so
as to be easily cleaned.

Duties of Person in Control of Kennels or Catteries

19. Any person in control of kennels or a cattery shall

(a) maintain the premises and any equipment and every vessel, container and receptacle and sleeping board used in connection
with the kennels or cattery in a clean, sanitary condition and in good repair;

(b) take effective measures for the prevention of harbouring and breeding and for the destruction of flies, cockroaches, rodents
and other vermin and for the prevention of offensive odours arising from the keeping of dogs or cats on the premises;

(c) keep any sick dog or cat in the isolation facilities required in terms of section 19(5), whilst on the premises;

(d) ensure that dogs and cats kept on the premises do not disturb or hinder the comfort, convenience, peace or quit of the public.

CHAPTER 9

PET SHOPS AND PET SALONS


20. No person shall conduct a business of a pets shop or pet salon in or upon any premises

(a) in which there is direct internal access with any room or place used for human habitation or in which clothing is tored or sold or
food for human consumption is prepared, stored, sold or consumed;

(b) unless the premises are constructed and equipped in accordance with the following requirements:

(i) Every wall, including any partition, of any building shall be constructed of brick, concrete or other durable material, shall
have a smooth internal surface and painted with a washable paint or given some other approved finish.

(ii) The floor of any building shall be constructed of concrete or other durable and impervious material brought to a smooth
finish.

(iii) The ceiling of any building shall be constructed of durable material, have a smooth finish, be dust proof and painted
with a washable paint.

(iv) One wash hand basin with a constant supply of hot and cold running water laid on, shall be provided and shall be
drained in terms of section 23.

(v) A rodent proof store-room, shall be provided.

(vi) Suitable facilities for washing of cages, trays and other equipment shall be provided.

(vii) No door, window or other opening in any wall of a building on the premises shall be within 2m of any door, window or
opening to any building in which food is prepared, stored or sold for human consumption or consumed by humans.

(viii) If the washing, clipping or grooming of pets is done on the premises the requirements of section 19(6) shall be com-
plied with.

Duties of Trader

21. Every person who conducts the business of a pet shop shall

(a) provide cages for housing animals, poultry or birds, and the following requirements shall be complied with:

(i) The cages shall be constructed entirely of metal or other durable impervious material and shall be fitted with removable
metal tray below the floor thereof to facilitate cleaning.

(ii) Every cage shall be free from any recess or cavity not readily available for cleaning and every tubular or hollow fitting
used in connection therewith shall have its interior cavity sealed.

(iii) Every cage shall be of such size and mass and so placed that it can be readily moved.

(iv) If rabbits are kept in a cage, the meal tray referred to in subparagraph (i) shall be drained to a removable receptacle.

(v) Every cage shall be fitted with a drinking vessel filled with water and accessible to the pets kept in the cage.

(vi) The cages shall not be less than 450mm above floor level and the space beneath the cages shall be unobstructed.

(b) maintain the premises and every cage, tray, container, receptacle, basket and all apparatus and equipment and appliances
used in connection with the pet shop, in a clean, sanitary condition, free from vermin and in good repair;

(c) take effective measures for the prevention of harbouring and breeding and for the destruction of flies, cockroaches, rodents
and other vermin and for the prevention of offensive odours arising from the keeping of pets on the premises;

(d) provide isolation facilities, in which every pet which is or appears to be sick shall be kept whilst on the premises.
88

(e) ensure that there is a constant and potable water supply for drinking and leaning purposes.

(f) ensure that the premises are at all times so ventilated so as to ensure sufficient movement of air for the comfort and survival of
the pets.

CHAPTER 10

MISCELLANEOUS

Draining

22. All zinks, wash hand basins, baths, shower-baths, troughs, floor surfaces, including channel and washing platforms, required to be
drained in terms of this by-law, shall be drained to an external gully, connected to the councils sewer is available or readily accessible,
to other means of drainage approved by the council.

Nuisance

23. No person shall

(a) keep any animal or pet in such a manner as to cause a nuisance;

(b) fail to remove faeces deposited by a dog in a public place whilst under his control or supervision and dispose of such faeces in
a refuse receptacle.

(c) fail to duly dispose of dead animals in such a manner as prescribed by the health offices.

Inspection

24. The health officer and any officer authorised thereto by the Council may, in order to satisfy himself that the provisions of this by-law are
being complied with

(a) enter any premises on which animals, poultry, birds or pets are kept or on which kennels or a cattery is conducted or a pet
shop, or on which he reasonably suspects animals, poultry, birds or pets are kept or such business is being conducted, at all
reasonable times;

(b) inspect such premises or any vehicle used or reasonably suspected by him to be used for such business and anything thereon
or therein; and

(c) question any person on such premises or in such vehicle or who has recently been on such premises or in such vehicle.

Offences and Penalties

25. (1) Any person

(a) who contravenes or fails to comply with any provision of this by-law; or

(b) who keeps animals, birds or poultry or who is the person in control of or who conducts the business of a pet shop, dog
kennel or cattery on any premises fails to ensure that all the provisions of this by-law applicable to such premises or
business are complied with;

(c) who fails or refuses to give access to premises to the health officer or any officer contemplated in section 24 when
requested to give such access;

(d) who obstructs or hinders the health officer or other officer in the execution of his duties under this by-law;

(e) fails or refuses to give information to the health officer or such other officer which is lawfully required, or knowingly
furnishes false or misleading information.

(f) fails or refuse to comply with a notice in terms of section 2.


Shall subject to the provision of subsection (2), be guilty of an offence and shall be liable on conviction to a fine not exceeding
R1 000,00 or, in default of payment, to imprisonment for a period not exceeding three months.

(2) It shall be competent defence if a person referred to in subsection (1)(b) proves that he did not know of, could not reasonably
have foreseen and could not have prevented the commission of the offence contemplated in subsection (1).

SCHEDULE 1

Maluti-a-Phofung
Permit No: ____________________

__________________________ Date: ___________________
__________________________
__________________________
__________________________

PERMIT: BY-LAWS RELATING TO THE KEEPING OF ANIMALS, BIRDS AND POULTRY AND BUSINESS INVOLVING THE KEEPING
OF ANIMALS, BIRDS, POULTRY OR PETS

With reference to your application dated ______________________
A permit to keep animals/poultry as specified hereunder at address so specified is hereby granted.

* Animals/ Poultry ___________________________________________

Address: _________________________________________________
_________________________________________________
_________________________________________________

The granting of the permit is subject to your complying with the provisions of the aforementioned by-laws.

Your attention is invited to the provisions of section 5(4) of the said by-laws requiring a permit holder to notify the Councils Health Officer of
any increase in the number of animals or poultry in excess of the number authorised by the permit and section 5(5) regarding the cancellation
of a permit.

Yours faithfully

For Health Officer

* Specify number and kind of animals or poultry

SCHEDULE 2

Maluti-a-Phofung

For office use

Application No: __________________________________

Date received: __________________________________

Application granted /refused __________________________________

Permit No: __________________________________

Date: __________________________________

90

APPLICATION FOR A PERMIT: BY-LAWS RELATING TO THE KEEPING OF ANIMALS, BIRDS AND POULTRY AND BUSINESSES IN-
VOLVING THE KEEPING OF ANIMALS, BIRDS, POULTRY OR PETS

I/We ___________________________________________________________
(full name of applicant/s)

hereby apply for a permit to keep *animals/poultry/rabbits on premises situated at Stand _____________

Street __________________________________________________
Township _______________________________________________

in terms of the aforementioned by-laws of the Maluti-a-Phofung Local Municipality.

Details of the *animals/poultry/rabbit to be kept are as follows:

SPECIES NUMBER

______________________________________________________________
______________________________________________________________
______________________________________________________________

I/We accept the responsibility for the keeping of *animals/poultry/rabbits, in accordance with the provision of the said by-laws and acknowl-
edge that in the event of my/our failure to effect such compliance this permit may be cancelled in terms of section 5 of the said by-laws.

Signature of Applicant/s: _________________________________________

Capacity: _________________________________________

Date: _________________________________________

*Delete whichever is not applicable
_________________________________________________________________________________________________________________

NOTICES
________

Annexure C

NOTICE OF DETERMINATION
[REGULATION 4]

The Conversion of Certain Rights into Leasehold or Ownership Act, 1988 (Act No. 81 of 1988)
.
It is hereby made known:

(a)(i) that the Director general determined that he intends to declare ownership in respect of the affected sites (situated within
the area of jurisdiction the Municipality of Mangaung) indicated in column 1 of the Schedule, have been granted to the persons indi-
cated in column 2 of the Schedule; and
(a)(ii) that it is indicated in column 3 of the Schedule whether the person reflected in the said column 2 is also the occupier as
contemplated in section 2(2) of the Act.

DIRECTOR-GENERAL.
Aanhangsel C

KENNISGEWING VAN BEPALING
[REGULASIE 4]

Wet op die Omskepping van Sekere Regte tot Huurpag of Eiendomsreg, 1988 (Wet No. 81 van 1988)

Hiermee word bekend gemaak dat:

(a)(i) dat die Direkteur-generaal bepaal het dat hy voornemens is om te verklaar dat eiendomsreg ten opsigte van die geaffek
teerde persele (gele binne die regsgebied van die Munisipaliteit van Mangaung) aangedui in kolom 1 van die bylae, verleen te
gewees het aan die persone aangedui in kolom 2 van die Bylae; en

(a)(ii) dat in kolom 3 van die Bylae aangedui word of die persoon in genoemde kolom 2 aangedui ook die okkupeerder is soos in artikel 2
(2) van die Wet beoog:

Column 1
Kolom 1
Column 2
Kolom 2
Column 3
Kolom 3
Affected sites
Geaffekteerde persele
Name of person to whom the acting Di-
rector general intends to de-
clare a right of ownership

Naam van persoon wat die Waarne-
mende direkteur-generaal
voornemens is te verklaar eien-
domsreg verleen te geweesw
het.

Is the person indicated in column 2 also
the occupier as contemplated in section
2 (2) OF THE ACT? (YES/No)
Is die persoon in kolom 2 aangedui ook
die okkupeerder soos beoog in artikel 2
(2) van die wet?(Ja/Nee)
BLOEMFONTEIN - MANGAUNG
23020 EXT. 3 CHABEDI JOHANNES KHETSI YES/JA
23056 EXT. 3 KHUMISHO BOBBY ROBERT KENNEDY
MOSHOLI
YES/JA
23058 EXT. 3 LIKELELI DORAH MOLEJANE YES/JA
23153 EXT.3 SISINYANE ELIZABETH DINOKE YES/JA
23199 EXT 3 REBECCA KENEILOE MORAKILE
DIKGOTHI STELLA MOKHAHLANE
MARIA DISEBO MOKOLOBATE
YES/JA
23203 EXT. 3 MAMOTSAMAI PHIDALINA MAKHABANE YES/JA
23243 EXT. 3 KENEILWE SALOME MAKAE
PULENG ELIZABETH NAMANE
LETIMILE SIMON NAMANE
YES/JA
23246 EXT. 3 KESEBONE RUTH MODISAOTSILE
GAONYATSE TIMOTHY MODISAOTSILE
LENTSWE JAMES MODISAOTSILE
YES/JA
23287 EXT 3 MASEAPE MARTHA NYAPHOLI
MANTOA PAULINA RAHLANKANA
MOLEFI JOHANNES NYAPHOLI
YES/JA
23308 EXT. 3 ELIZABETH SIBONGILE METHU
NTOMBIZODWA STELLA METHU
YES/JA
23320 EXT. 3 MAELULU ANNACLETA THETELE YES/JA
23341 EXT. 3 DIPUO MARY LEDIMO YES/JA
23345 EXT. 3 SEITISHO EMILY WESSIE YES/JA
23354 EXT. 3 MOKGOPANE ZAACHARIAH DIMPANE YES/JA
23420 EXT. 3 ITUMELENG DANIEL MOLATLOU YES/JA
92

23421 EXT. 3 MILENYANE THOMAS KHOLUMO YES/JA
23424 EXT. 3 BOMBO MOSES KGOROGWE YES/JA
23446 EXT. 3 MAKAY DANIEL PHASIWE YES/JA
23458 EXT. 3 FEZA AARON PHAPHAMA YES/JA
23466 EXT. 3 LEEPILE JOHN METSING YES/JA
23487 EXT. 3 SEBUENG VIOLET MABOTE YES/JA
23494 EXT. 3 MAPAKALITHA CAESARINE MODIRI YES/JA
23506 EXT. 3 SEIKELO TALITHA MATUBU YES/JA
23020 EXT. 3 CHABEDI JOHANNES KHETSI YES/JA
23056 EXT. 3 KHUMISHO BOBBY ROBERT KENNEDY
MOSHOLI
YES/JA
23058 EXT. 3 LIKELELI DORAH MOLEJANE YES/JA
23153 EXT.3 SISINYANE ELIZABETH DINOKE YES/JA
23199 EXT 3 REBECCA KENEILOE MORAKILE
DIKGOTHI STELLA MOKHAHLANE
MARIA DISEBO MOKOLOBATE
YES/JA
23203 EXT. 3 MAMOTSAMAI PHIDALINA MAKHABANE YES/JA
23243 EXT. 3 KENEILWE SALOME MAKAE
PULENG ELIZABETH NAMANE
LETIMILE SIMON NAMANE
YES/JA
23246 EXT. 3 KESEBONE RUTH MODISAOTSILE
GAONYATSE TIMOTHY MODISAOTSILE
LENTSWE JAMES MODISAOTSILE
YES/JA
23287 EXT 3 MASEAPE MARTHA NYAPHOLI
MANTOA PAULINA RAHLANKANA
MOLEFI JOHANNES NYAPHOLI
YES/JA
23308 EXT. 3 ELIZABETH SIBONGILE METHU
NTOMBIZODWA STELLA METHU
YES/JA
23320 EXT. 3 MAELULU ANNACLETA THETELE YES/JA
23341 EXT. 3 DIPUO MARY LEDIMO YES/JA
23345 EXT. 3 SEITISHO EMILY WESSIE YES/JA
23354 EXT. 3 MOKGOPANE ZAACHARIAH DIMPANE YES/JA
23420 EXT. 3 ITUMELENG DANIEL MOLATLOU YES/JA
23421 EXT. 3 MILENYANE THOMAS KHOLUMO YES/JA
23424 EXT. 3 BOMBO MOSES KGOROGWE YES/JA
23446 EXT. 3 MAKAY DANIEL PHASIWE YES/JA
23458 EXT. 3 FEZA AARON PHAPHAMA YES/JA
23466 EXT. 3 LEEPILE JOHN METSING YES/JA
23487 EXT. 3 SEBUENG VIOLET MABOTE YES/JA
23494 EXT. 3 MAPAKALITHA CAESARINE MODIRI YES/JA
23506 EXT. 3 SEIKELO TALITHA MATUBU YES/JA

(b) that this determination is subject to an appeal to the Member of the Executive Council: Local Government and Housing in the man-
ner prescribed in regulation 5; and

(c) that, subject to a decision by the Member of the Executive Council: Local Government and Housing on appeal, every person
indicated in column 2 of the Schedule in paragraph (a) above, shall be declared to have been granted ownership in respect of the
site indicated opposite his name in column 1 of the Schedule.

(b) dat hierdie bepaling op die wyse voorgeskryf in regulasie 5 aan appel na die Lid van die Uitvoerende Raad: Plaaslike Regering en
Behuising onderworpe is;

(c) dat, behoudens `n beslissing van die Lid van die Uitvoerende Raad belas met Plaaslike Regering en Behuising by appel, elke
persoon aangedui in kolom 2 van die bylae in paragraaf (a) hierbo genoem, verklaar sal word dat eiendomsreg verleen te gewees
het, ten opsigte van die perseel in kolom 1 van genoemde Bylae teenoor sy naam aangedui.
_________________________________________________________________________________________________________________

ANNEXURE B

NOTICE OF INQUIRY

REGULATION 3 (1)


It is hereby made known that:

(a) I, Muzamani Charles Nwaila Director General of the Free State Provincial Government, intend to conduct an inquiry concerning the
determination and declaration of rights of leasehold or ownership as referred to in section 2(1) of the Conversion of Certain Rights
into Leasehold or Ownership Act, 1988, Act, 1988, in respect of the affected sites contained in the accompanying list and situated in
the areas of jurisdiction of the Municipality of Ngwathe.

(b) Any person who intends lodging an objection to or claim regarding such declaration, shall direct such objection or claim in writing to
the Director General, Free State Provincial Government, P. O. Box 211, Bloemfontein, 9300, to reach this address on or before
16:00 on Monday 24 October 2005
DIRECTOR GENERAL

AANHANGSEL B
KENNISGEWING VAN ONDERSOEK

Regulasie 3 (1)

Wet op die Omskepping van Sekere Regte tot Huurpag of Eiendomsreg, 1988 (Wet 81 van 1988)


(a) Ek, Muzamani Charles Nwaila Direkteur Generaal van die Provinsie Vrystaat, van voorneme is om n ondersoek aangaande die
bepalings en verklaring van regte van huurpag of eiendomsreg soos bedoel in artikel 2 (1) van die Wet op die Omskepping van
Sekere Regte tot Huurpag of Eiendomsreg, 1988 ten opsigte van die geaffekteerde persele in die meegaande lys vervat, en gele
binne die regsgebied van die Munisipaliteit van Ngwathe in te stel.;

(b) enige persoon wat n beswaar teen of n aanspraak aangaande sodanige verklaring wil maak, sodanige beswaar of aanspraak
skriftelik moet rig aan die Direkteur Generaal, Vrystaat Provinsiale Regering, Posbus 211, Bloemfontein, 9300, om die adres voor
of op 16:00 op Maandag 24 Oktober 2005-te bereik.

DIREKTEUR - GENERAAL

94
Geaffekteerde persele Volle voorname en van Identiteitsnommer
Affected sites Full christian names, surnames Identity number
HEILBRON-PHIRITONA
HEILBRON-PHIRITONA
110 JOSEPHINE CHAANE 520309 0875 08 4
143 PHILLEMON MSIBI 390624 5211 08 6
157 CELESTINAH KHUMALO 400128 0285 08 5
168 MOSES MOSALA MOTAUNG 750625 5423 08 8
239 LYDIA MAMPAI MOKHUOA 580630 0890 08 9
249 LIKHATATSO CONSTANCE MTIMKULU 490831 0315 08 0
278 JOSEPH MAHLEBE MBETHE 620301 5811 08 0
299 MICHAEL STEPHEN LEEPO TAU 600402 5507 078 4
301 MOEKETSI JACOB SEFATSA 691006 5364 08 9
318 SUSAN LEPHAKA 291016 0253 08 2
325 NDAMBI JOSEPH DHLAMINI 320625 5137 08 5
351 DIJENG MARGARET LEBONA 470107 0509 08 7
358 EMILY MOTAUNG 290606 0258 08 0
371 EDELINA MBONGO 480508 0348 08 5
383 MAGDALINA MAZIBUKO 470702 0514 08 5
416 PETRUS MOKADI 451102 5229 08 1
420 ABRAHAM NYAKO 160108 5076 08 5
439 SESHANA EVA MOKHANELI 460610 0595 08 1
474 ELIZABETH MOKOARE 160922 0101 08 6
476 ANNA KETA 310801 0218 08 7
477 PULENG BETTY MOTSIRI 510718 0347 08 8
479 ROSELINA MBETE 170101 0269 08 4
530 DAVID KHAMBULE 320806 5138 08 9
554 ALINA LELALA 321010 0142 08 4
588 ELIAS MOSALA 520124 5229 08 2
593 JOEL TSILO 400929 5346 08 1
594 EPHRAIM TSOTETSI 440712 5375 08 2
595 MMAMPIET JANE MOSIA 490319 0303 08 2
598 SIMON MOKOENA 510109 5262 08 6
756 PETRUS MOKOENA 440710 5283 08 2
779 KOOS MOKOENA 381026 5116 08 6

_______________________________________________________________________________________________________


[REGULATION 4]



(a)(i) that the Director general determined that he intends to declare ownership in respect of the affected sites (situated within the area of
jurisdiction the Municipality of Mangaung) indicated in column 1 of the Schedule, have been granted to the persons indicated in
column 2 of the Schedule; and

(a)(ii) that it is indicated in column 3 of the Schedule whether the person reflected in the said column 2 is also the occupier as
contemplated in section 2(2) of the Act.
DIRECTOR-GENERAL.
Aanhangsel C

[REGULASIE 4]



(a)(i) dat die Direkteur-generaal bepaal het dat hy voornemens is om te verklaar dat eiendomsreg ten opsigte van die geaffekteerde
persele (gele binne die regsgebied van die Munisipaliteit van Mangaung) aangedui in kolom 1 van die bylae, verleen te gewees het
aan die persone aangedui in kolom 2 van die Bylae; en


DIREKTEUR-GENERAAL
782 MIRIAM MALINDI 461105 0347 08 7
785 OUMA MARTHA CHOMA 580527 0757 08 8
788 MOEKETSE JOHANNES CHALALE 460101 6206 08 9
808 KEEDITSENG ALINAH LEBELE 500107 0450 08 8
814 SIMON PHINDILE MASEKO 560906 5394 08 5
1243 DAVID SEMPE 310510 5120 08 7
1252 PUNANA ANDRIES MOKOENA 530106 5575 08 3
1256 AMON MODUPE 510717 5562 08 9
1258 EDWARD MAKOSE MAGAGULA 581005 5744 08 7
1263 MONONG WILLIAM PITSO 420301 5385 08 7
1284 TSELANE BETTY MOFOKENG 261230 0155 08 2
1286 MASH MGUNI 181005 5088 08 3
1419 SESIE CYNTHIA MTHETHWA 550302 0311 08 8
1640 PAUL MAFISA 440530 5424 08 4
96

SCHEDULE / BYLAE

Column 1
Kolom 1
Column 2
Kolom 2
Column 3
Kolom 3
Affected sites
Name of person to whom the acting Director
general intends to declare a right of
ownership
Naam van persoon wat die Waarnemende
direkteur-generaal voornemens is
te verklaar eiendomsreg verleen te
gewees het.

2 (2) OF THE ACT? (YES/No)
(2) van die wet?(Ja/Nee)
22006 EXT. 2 DIILE SELINA NKALA YES/JA
22036 EXT. 2 MOSEJANE NAOMI NDUMO
MATSHIDISO JOHANNES LEKGETHO
RUTH MANKATEUWANE LEKGETHO
YES/JA
22056 EXT. 2 SEBAPALLO ALINA MATHIKGE YES/JA
22059 EXT. 2 MERIAM TSELENG LESIA YES/JA
22061 EXT. 2 MAKAGISHO TSETSE HANNAH MONYE YES/JA
22064 EXT. 2 PULENG ADELAID SETOUTO YES/JA
22068 EXT. 2 GALELEMOGE TROFOSA NGATANE YES/JA
22073 EXT. 2 MOCMANA SIMON MALOTLE
MAJEREMIA DORCAS ROSELY AN-
DREAS
YES/JA
22076 EXT. 2 MOCMANA SIMON MALOTLE
MAJEREMIA DORCAS ROSELY
ANDREAS
YES/JA
22077 EXT. 2 NOMPITI EDITH MOLALE YES/JA
22094 EXT. 2 MOTLALEPULA SOPHIA DLAMINI YES/JA
22115 EXT. 2 KEHUMKE KATE MOHLAKOANE YES/JA
22118 EXT. 2 TEBOGO HERCULES NKOANE
SEPEKO NOSI VICTORIA PITSO
YES/JA
22120 EXT. 2 MATSELISO DORAH MVIMBI YES/JA
22152 EXT. 2 MOLEKO VICTOR SOLO YES/JA
22171 EXT. 2 NONTSIKELELO
CHARLOTTE MINI
YES/JA
22209 EXT. 2 NTWAGAE BETHUEL SAUDI
MOSELANTJA MARTHA MAKUBU
YES/JA
22214 EXT. 2 TEBOGO MOSES RAMONTOELI YES/JA

22224 EXT. 2 LEWIS TOKO YES/JA
22252 EXT. 2 MATLALENG CAROLINE MOLAWA
MASECHELE REBECCA NKOE
SARAH BOTHOBUILE MEREKO

YES/JA
22271 EXT. 2 ANNAH KEITUMETSI NAKEDI
MALERATO FELECIA NAKEDI
GALALETSANG WELLINGTON NAKEDI
ITUMELENG MCCOERTYENEAR
NAKEDI
YES/JA
22277 EXT. 2 MASABATA GRACE MALEFETSE YES/JA
22295 EXT. 2 PHEKO DANIEL KGASANE YES/JA
22297 EXT. 2 NNUKU ELIZABETH KGASANE YES/JA
22323 EXT. 2 MOTLAGOMANG SUZAN MOKGOTHU YES/JA
22333 EXT. 2 THATO ABRAM MOLIELENG YES/JA
22359 EXT. 2 LULAMA YVONNE DIBELO
GADINKAME COMSTANCE DIBECO
YES/JA
22373 EXT. 2 MARTINS MALEHO SEEKOEI
EDITH KETLHOETSOENG MOHOKARE
YES/JA
22422 EXT. 2 KESEBELWANG REBECCA KHOKHO YES/JA
22428 EXT. 2 THEBE DANIEL WOLF
MAHOHOLI ELIZABETH RAMONTOELI
MANKOANE PAULINA LEPATI
TEBOGO ISAAC WOLF
MALEHO PIET WOLF

YES/JA
22430 EXT. 2 SERASENGWE JOHANNES MELESI YES/JA
22431 EXT. 2 KEOLEBOGILE ELLEN MOKOA YES/JA
22422 EXT. 2 KESEBELWANG REBECCA KHOKHO YES/JA
22466 EXT. 2 SARAH MARIA PETERS YES/JA
22477 EXT. 2 THUSHO PHILLIP MOROLONG YES/JA
22495 EXT. 2 KOKO SARAHAM BUNYONYO YES/JA
22512 EXT. 2 DIKELEDI EMILY MOHAPI YES/JA
22520 EXT. 2 TEMBA WILLIAM PHILLIP MAZULA YES/JA
22537 EXT. 2 WILHELMINA JACOMINA MOTHIBI YES/JA
22551 EXT. 2 SELEBANO HEZEKIEL KGABALE YES/JA
98

(b) that this determination is subject to an appeal to the Member of the Executive Council: Local Government and Housing in the man-
ner prescribed in regulation 5; and



_________________________________________________________________________________________________________________

Annexure C

[REGULATION 4]

__________



(a)(i) that the Acting Director general determined that he intends to declare ownership in respect of the affected sites (situated within the
area of jurisdiction of the Dihlabeng Municipality) indicated in column 1 of the Schedule, have been granted to the persons indicated
in column 2 of the Schedule; and

(a)(ii) that it is indicated in column 3 of the Schedule whether the person reflected in the said column 2 is also the occupier as contem-
plated in section 2(2) of the Act.

DIRECTOR-GENERAL.

Aanhangsel C

[REGULASIE 4]



(a)(i) dat die Waarnemende Direkteur-generaal bepaal het dat hy voornemens is om te verklaar dat eiendomsreg ten opsigte van die
geaffekteerde persele (gele binne die regsgebied van die Munisipaliteit van Dihlabeng) aangedui in kolom 1 van die bylae,
verleen te gewees het aan die persone aangedui in kolom 2 van die Bylae; en


DIREKTEUR-GENERAAL


SCHEDULE / BYLAE

Column 1
Kolom 1
Column 2
Kolom 2
Column 3
Kolom 3
Affected sites
Name of person to whom the Acting
Director general intends to
declare a right of ownership
mende Direkteur-generaal
voornemens is te verklaar
eiendomsreg verleen te
gewees het.

Is the person indicated in column 2
also the occupier as contemplated in
section 2 (2) OF THE ACT?(YES/No)
Is die persoon in kolom 2 aangedui
ook die okkupeerder soos beoog in
artikel 2(2) van die wet?(Ja/Nee)
Municipality of Dihlabeng(Bethlehem/Bohlokong)
Munisipaliteit- van Dihlabeng(Bethlehem/Bohlokong)
92 ZANDILE MARGARET MNGOMEZULU Yes/Ja
145 MOSOKO JAMES MOSOKO Yes/Ja
156 CONNIE CONSTANCE QHAMAKOANE Yes/Ja
220 MAMASOLE ELIZABETH SYPING Yes/Ja
439 JOSEPH MHLAMBI Yes/Ja
465 MALEHLOHONOLO ROSE MBELE Yes/Ja
500 MOSOTHO ELIAS MOFOKENG Yes/Ja
542 NTOMBI YVONNE CATHERINE NGU-
BENI
NOMVULA EVELYN MABUYA
Yes/Ja
1077 TEU JOEL MAVUNDLA Yes/Ja
1098 LITABA SAMPU MOFOKENG Yes/Ja
1148 MATEFO MARIA MOKOENA Yes/Ja
1161 TITILE BELINA PHUTHI Yes/Ja
1196 MASEABATA PAULINA MOTAUNG Yes/Ja
1237 DILEMO PETRUS LEHOBO Yes/Ja
1256 MOHAPI MOLOI Yes/Ja
1348 THABO AMOS TSHABALALA Yes/Ja
1351 TLALENG REBECCA MASIJANE Yes/Ja
1399 MATSELE THERESA MOGONGOA Yes/Ja
1420 MALEFETSANE ANDRIES MOKOENA Yes/Ja
1428 MAMOKHELE SARAH MOKOENA Yes/Ja
1430 VICTORIA PINKY MOKOENA Yes/Ja
100

1448 MOSASA PETRUS MOKOENA Yes/Ja
1462 NTSEKISENG FLORAH MALABA Yes/Ja
1464 NOMAPHOYISA PAULINA GUMBI Yes/Ja
1482 MBUTI MANASSE MBELE Yes/Ja
1531 MOIPONE PAULINA MOLOI Yes/Ja
1626 PHIELLO NIKLAAS MIYA Yes/Ja
1636 THANDIWE ELIZABETH MAHLABA Yes/Ja
1638 MAVUSO ABRAM MLANGENI Yes/Ja
1651 THEMBA ELIAS THWALA Yes/Ja
1677 NOMACALA JESSEY MASANGANE Yes/Ja
1700 NOMASONTO EVELYN MSIBI Yes/Ja
1760 NOBEGOSI LILIAN SIBISI Yes/Ja
1781 NOKUFA SYLVIA MOLILO Yes/Ja
1784 NOMPI PAULINA KHOZA Yes/Ja
1791 NCINCI VIRGINIA MIYA Yes/Ja
1779 MALESAOANE ALINA NHLAPO Yes/Ja
1868 MOTSEPE JULIUS MSINGISANE Yes/Ja
1873 MATTHEUS JONAS LEHOBO Yes/Ja
1904 BUSISIWE ELSIE MASEKO Yes/Ja
1987 MALEFETSANE ANDRIES MOKOENA Yes/Ja
2084 RAPOTAYI PICCANIN MAKHALEMELE Yes/Ja
2145 AYE SAMSON DLAMINI
MALETSATSI MARTHA DLAMINI
Yes/Ja
2158 LAHLIWE ELLEN MOFOKENG Yes/Ja
2181 MAHLOMOLA ZAKIA DLAMINI Yes/Ja
2191 SELLO PETER MOLOI Yes/Ja
2201 LEFA WILLIAM MANYAMANE Yes/Ja
2262 SOLOMON SEBOLAI Yes/Ja
2279 SAMUEL MOSEA MOHANOE Yes/Ja
2281 MOKHOTSO ISAAC MOKOENA Yes/Ja
2351 TSEKO JONAS TSOTETSI Yes/Ja
2555 MATSIETSI MARGARET MOKOENA Yes/Ja

(b) that this determination is subject to an appeal to the Member of the Executive Council: Local Government and Housing in the
manner prescribed in regulation 5; and

(c) that, subject to a decision by the Member of the Executive Council: Local Government and Housing on appeal, every person indi-
cated in column 2 of the Schedule in paragraph (a) above, shall be declared to have been granted ownership in respect of the site
indicated opposite his name in column 1 of the Schedule.


_________________________________________________________________________________________________________________

Annexure D

NOTICE OF GRANTING OF OWNERSHIP
[REGULATION 6]

__________


I, Dr. Muzamani Charles Nwaila Director General of the Free State Province, hereby declare that rights of ownership in respect of the
affected sites (situated in the area of jurisdiction of the Setsoto Municipality) indicated in column 1 of the Schedule, have been granted
to the persons indicated in column 2 of the Schedule.

DIRECTOR-GENERAL.

2585 JAPIE HENRY MOTAUNG Yes/Ja
2588 BUTI JOSEPH MOTLOUNG Yes/Ja
2604 MMATHEBOLA CHRISTINA MOKOENA Yes/Ja
2698 MAGGIE LINA MOFOKENG Yes/Ja
2724 NTSOANA MOFOKENG Yes/Ja
2881 LEHOBO DAVID MOFOKENG Yes/Ja
2943 JOKI BENJAMIN MOFOKENG Yes/Ja
3059 MANGAKA DINA MASEKO Yes/Ja
3070 MALIWA GEORGE NHLAPO Yes/Ja
3074 MALIWA GEORGE NHLAPO Yes/Ja
3077 MMAPULA ESTHER MKHWANAZI Yes/Ja
3365 MAMOQEBELO MAGGIE NGWENYA Yes/Ja
3377 MALARA ELIZA NTOBELA Yes/Ja
3701 MATHIBELO EMILLY HLONGWANE Yes/Ja
3852 TSIDISO CLEMENT MOTAUNG Yes/Ja
102

Aanhangsel D

KENNISGEWING VAN VERLENING VAN EIENDOMSREG
[REGULASIE 6]


Hiermee verklaar ek Dr. Muzamani Charles Nwaila Direkteur-generaal van die Provinsie Vrystaat, dat eiendomsreg ten opsigte van
die geaffekteerde persele (gele binne die regsgebied van die Munisipaliteit van Setsoto) aangedui in kolom 1 van die Bylae, verleen
is aan die persone aangedui in kolom 2 van die Bylae.

DIREKTEUR-GENERAAL

SCHEDULE / BYLAE

Column 1
Kolom 1
Column 2
Kolom 2
AFFECTED SITES
Name of person to whom a right of ownership has been
granted

Naam van persoon aan wie eiendomsreg verleen is
MUNICIPALITY OF SETSOTO (MATWABENG/SENEKAL)
MUNISIPALITEIT VAN SETSOTO (MATWABENG/SENEKAL)
478 MANTOA JULIA KHIBA
500 MAJORO JOSEPH MAKHALIMA
505 MADITABA MARIA MEKO
566 LETSATSI GABRIEL MOKHOBO
568/567 PHUNYETSANE JOSEPHINA MOGOKE
586 TUMO JOHN SETHOLE
606 TAU ABRAM MOKGOTHU
616 MOLIEHI GLADYS KHIBA
629 MASHEASE MAUREEN SEJANE
631 SISI LYDIA NTOYAKE
635 MASHIANE SOLOMON TSOENE
637 MASINGOANENG NELLY MOFOKENG
639 MATHOLE EPHRAIM MASIMONG
651 MAMOHANUWA AMELIA MTHEMBU
680 TSELENG ELIZABETH MTAPANE
706 JAMES THAKELI
941 MADIKOTSI PAULINA MONOKOANE
949 MOSIUOA WILLIAM MOSOEUNYANE

______________________________________________________________________________________________________

ANNEXURE B

NOTICE OF INQUIRY

REGULATION 3 (1)



the areas of jurisdiction of the Municipality of Moqhaka.

16:00 on 23 October 2005.

DIRECTOR GENERAL

963 TAU FINE MATENA
971 MANHLALE ELIZABETH MOHAPI
1160 MPAI EMILY NAKELI
1549 MATUMO JEMINA SEBOFI
1572 DISEBO FLORINA SPRINKAAN
1597 MAMASOLE MARY MOTHIBEDI
1609 HLAOLE PAULUS KHOTLE
1611 MAHOHODI ALICE TSHABALALA
1612 MADITSHILA ELISA KALANE
1627 MONTSENG MIKY MAFABATHO
1642 MATSHIU MARY KOTOKWANE
1655 NTSWAKI ANNA TUMANE
1658 BUTINYANA REUBEN MAYEKISO
1659 MOSUOE SHADRACK MONTLE
1673 LIMAKATSO JULIA NTSANE
1919 THAKANE ANNA MOHAPI
1966 MOOKHO ELIZABETH LEKEKISO
1996 KABELO JOSEPH NKOMO
2003 MAQWAELANE JACOB MOKOENA
2022 MONETHI JACOB MOTLAMELLE
104

AANHANGSEL B

Regulasie 3 (1)



binne die regsgebied van die Munisipaliteit van Moqhaka in te stel.;

of op 16:00 op 23 Oktober 2005 te bereik.

DIREKTEUR GENERAAL

KROONSTAD MAOKENG
KROONSTAD PHOMOLONG
1527 Apostolic Faith Mission of Southern Africa
1528 Apostolic Faith Mission of South Africa
1532 Moliehi Irene Seseng 300523 0178 08 5
1533 Moliehi Irene Seseng 300523 0178 08 5
1537 Mosele Lucy Taje 190201 0111 08 2
1539 Makhumo Dorothy Ramathibe 450501 0493 08 2
1540 Makhumo Dorothy Ramathibe 450501 0493 08 2
1547 Mpusana Emily Lekekela 310106 0222 08 3
1548 Ntombizodwa Elisa Modise 731206 0796 08 5
1551 Nthakwana Annah Mokhothu 281218 0160 08 3
1554 Nomvula Jane Suping 340409 0173 08 0
1556 Tiisetso Matthews Mokhomo 660804 5526 08 8
1557 Dipuo Elizabeth Mamatela 290805 0168 08 9
1558 Mohapi Simon Mohapi 341127 5163 08 3
1559 Matselane Roselina Thulo 240821 0133 08 1
1566 Adelice Mpolokeng Nkala 490609 0564 08 3

1568 Mazimanga Elisa Lethako 251211 0157 08 0
1572 Tomkulu Lettie Zim 270529 0145 08 7
1574 Likei Philemon Maloka 330522 5118 08 2
1575 Malinja Selina Monaheng 360603 0214 08 5
1576 Tsibulane Roseline Moletsane 320717 0167 08 2
1577 Mamokhalitlane Dorah Makau 270612 0119 08 6
1578 Rasekhanyane Thomas Selele 331126 5130 08 6
1580 Nontsizi Rosina Khopane 631026 0482 08 5
1581 Nomatemba Emmah Ndhlovu 341125 0170 08 7
1582 Mosoeu Samuel Noosi 510630 5213 08 4
1583 Zolile Moses Andries 660319 5286 08 8
1584 Velaphi Elmon Nyauza 180312 5214 08 6
1585 Mohlouda Frans Mahlatsi 290925 5127 08 6
1586 Mohlouda Frans Mahlatsi 290925 5127 08 6
1587 Majosia Olga Masiu 340512 0243 08 2
1589 John Tau 260101 7223 08 5
1594 Baile Daniel Chabedi 290919 5128 08 7
1595 Makhokolotso Mary Malete 251228 0131 08 9
1596 Mpati Sophia Khoabane 420217 0295 08 1
1598 Malefane Elias Moletsane 550722 5679 08 2
1600 Puleng Suzan Mohapi 441027 0124 08 1
1601 Pulane Agnes Moahlodi 400708 0277 08 1
1606 Malengelimane Sarah Moahluli 191211 0128 08 4
1607 Makale Martha Tau 391124 0209 08 5
1609 Mosiuwa Daniel Nhlapho 580903 5411 08 0
1611 Matseliso Elisa Lesholi 520619 0744 08 4
1613 Masamuele Anna Chaka 300409 0280 08 1
1614 Lebona Samuel Mofokeng 450418 5439 08 7
1616 Vusimusi Samuel Maseko 700723 5515 08 5
1617 Phahlane Isaac Khumalo 400717 5483 08 1
1619 Tlaleng Josephine Motapane 441020 0493 08 5
1620 Modisana Cornelius Monyatso 211114 5131 08 5
1623 Paulos Thabo Nchake 571110 5823 08 9
1624 Modiko Alinah Setoaba 400118 0282 08 3
1625 Betty Ntshabeng Rankokosane 540606 1059 08 9
106

1627 Makhetsi Agnes Mallane 340707 0378 08 2
1628 Tsekelo Johannes Lesapo 501005 5216 08 3
1629 Khoboso Nerea Serobe 250626 0116 08 6
1633 Malefane Christian Ratsiu 541007 5688 08 1
1634 Mpolai Agnes Takalo 390114 0255 08 0
1636 Teboho Johannes Mosala 470602 5616 08 5
1641 Novankabathu Martha Tekane 310505 0261 08 4
1642 Mpempi Ananias Ndonjane 300928 5210 08 2
1643 Maseabata Sarah Sebotho 270512 0199 08 0
1644 Mmolo Daniel Mohlokoane 520726 5667 08 5
1650 Rataela Jonas Thebe 311228 5163 08 5
1651 Matsopane James Moreki 460406 5374 08 9
1653 Matsidiso Maria Lebona 580521 0808 08 2

1657 Pheku Selina Likhethe 211226 0095 08 9
1658 Ralebona Ephraim Morabe 350807 5196 08 8
1659 Emily Mokitimi 420606 0486 08 0
1668 Ricane Zacharia Foku 700625 5476 08 7
1669 Rakoti Koos Monokoane 380522 5183 08 5
1671 Makondayi Petros Manisi 350228 5113 08 2
1675 Temba Petrus Mthombeni 430228 5449 08 4
1676 Ramatsebe Klaas Abraham Fokane 301010 5467 08 4
1677 Dithakwaneng Jeminah Gaborone 360126 0237 08 8
1678 Moeketsi David Mokoena 651216 5547 08 2
1679 Ralikeleu Jappie Molete 360719 5199 08 7
1688 Malebo Samuel Seluku 471218 5599 08 7
1689 Makgala Elsie Motseki 450131 0451 08 6
1690 Jim Oriel Paul Kotole 590518 5689 08 5
1691 Mohlouwane Lizzy Khauoe 231021 0111 08 5
1692 Mahadio Maria Letsatsi 080131 0056 08 1
1694 Cithana Daniel Majola 220302 5140 08 6
1695 Mosidi Elizabeth Makoala 480914 0514 08 4
1696 Toke Victor Nkomo 560128 5804 08 4
1698 Theresia Mamotolo Lebona 580225 0843 08 7
1699 Nkhami Sarah Letebele 280504 0129 08 2

1701 Lieketseng Ellen Selepe 180907 0136 08 3
1705 Mei Thys Mei 320525 5123 08 7
1706 Sebati Samuel Litsoane 290930 5163 08 1
1707 Mapane Evelyn Mashia 320426 0166 08 2
1708 Matseleli Josias Sefajane 370927 5195 08 2
1709 Emily Botha 490403 0194 08 7
1710 Lefu Saul Taole 300130 5130 08 5
1713 Manonono William Ketye 301217 5196 08 0
1714 Selina Christina Moina 360902 0261 08 2
1715 Kolojane Letia Montinyane 230101 0965 08 5
1719 Mokase Paulina Macala 160130 0086 08 3
1720 Joseph Lekula Ramohlokoane 500203 5772 08 7
1721 Rafaki Simon Mofokeng 300412 5133 08 1
1722 Maboalemang Martha Moeketsi 261225 0270 08 9
1723 Mokoteli Melamu 360807 5232 08 9
1724 Mapulane Belinah Tsatsi 361103 0197 08 2
1726 Masarmon Jeritta Seseng 470328 0551 08 1
1730 Elizabeth Lekitlane 250419 0116 08 6
1733 Makhotso Emily Motseoile 360404 0406 08 0
1734 Simon Molantoa Enoch Mokone 620119 5857 08 9
1735 Moses Thabo Mphatsoe 290805 5235 08 1
1736 Matogo Martha Boikanyo 690913 0402 08 0
1737 Mpusana Emily Lekekela 310106 0222 08 3
1738 Mamoroesi Emily Matasane 420529 0312 08 2
1739 Matsiliso Anna Leepile 610717 0718 08 1
1740 Myekeni Amos Vanwyk 460315 5528 08 3
1741 Ntaoleng Paulina Malebo 430407 0372 08 3
1743 Makamohelo Elizabeth Serobe 561225 1098 08 0
1744 Donald Mzizi 531101 5704 08 9
1745 Maeloki Maria Lekone 270525 0155 08 4
1747 Nnuku Marta Mothekhe 310530 0127 08 5
1749 Limakatso Annah Moliko 391225 0610 08 9
1757 Tebello Anna Moduka 180610 0181 08 9
1759 Mathibe Andries Motitsoe 330903 5182 08 0
1760 Ipeleng Gladys Sesele 411019 0242 08 4
108

1761 Moroesi Suzen Lani
Mzimkholo Jack Lani
440825 0381 08 5
480404 5494 08 6
1773 Moseli Anna Helepi 390927 0251 08 4
1774 Mahlape Elizabeth Rampone 340428 0199 08 5
1777 Mosele Jacobeth Maseko 230220 0138 08 7
1778 Oetsi Samuel Letsatsi 670710 5684 08 7
1782 Dineo Selinah Tabola 350803 0289 08 5
1784 Molefi Abel Sejake 290324 5162 08 9
1787 Mphapi Hilda Mokhethi 540324 0848 08 6
1791 Zwelithini Clive Mvundle 750427 5391 08 8
1792 Thekiso Andrew Togo 360304 5169 08 1
1793 Morongoe Maria Mahlatsi 261007 0145 08 5
1794 Maria Julius 481208 0670 08 0
1796 Moeti Edwin Khaile 330405 5126 08 3
1797 & 1798 Khejane Abienaar Nthoba 320610 5147 08 6
1799 Malefane Thomas Makala 480812 5615 08 0
1812 Mapomane Elizabeth Sefafe 381122 0248 08 9
1814 Mahlomola Snyman Solomon Mohohlo 630228 5945 08 9
1817 Pule Caswell Tau 540418 5749 08 1
1818 Keneiloe Paulina Motloung 550806 0697 08 0
1819 Tloriso Anastasia Sekhosana 140805 0116 08 0
1821 Mantoa Martha Mokalake 451025 0419 08 6
1829 Mapheko Emma Rasenyalo 271020 0202 08 5
1833 Lebereko Jacob Tsolo 530624 5710 08 8
1834 Leshabane Martha Fokane 400412 0482 08 6
1835 & 1836 Tsholo Zacharia Mohlakwane 470606 5833 08 7
1837 Grace Mokheseng 370428 0190 08 7
1838 Ellen Emily Khaile 241112 0199 08 5
1839 Raboteleki Frank Masisi 281128 5144 08 3
1840 Florina Ditsewane Tjekola 681022 0390 08 8
1841 Nokhathazo Bella Sesele 351015 0196 08 2
1844 Mdibaniso Moses Magcuntsu 400731 5189 08 5
1847 Mahlakoleng Ishmael Sesele 320411 5140 08 4
1848 Nomvula Jane Suping 340409 0173 08 0
1849 Matlaletsa Johannes Ramakatsa 520930 5361 08 3

1850 Nozibonela Elisa Mbola 331027 0146 08 7
1852 Adalizi Thoabala 620813 0408 08 4
1853 Kedibone Dorothy Lebona 220716 0106 08 3
1854 Matsoso John Ntseki 300530 5217 08 1
1856 Lakashe Elsie Mbathu 390103 0298 08 3
1859 Nocawe Lydia Santi 171101 0083 08 8
1867 Meshack Molifi Ditabe 580615 6033 08 1
1869 Makhokolotso Esther Hlasa 210923 0096 08 0
1870 Pulane Anna Khiba 300303 0889 08 4
1874 Mamoliehi Maria Mothuli 401228 0351 08 2
1875 Ernest Sakisa Lesole 580128 5848 08 7
1876 Lerato Lydia Ntshingila 360608 0332 08 4
1877 Dikeledi Ellen Kholomonyane 420317 0266 08 0
1878 Mapheko Emma Rasenyalo 271020 0202 08 5
1880 Nuku Rosy Papashane 610703 0582 08 1
1882 Kelibone Hester Lydia Serobe 570408 0755 08 7
1886 Ntsoaki Alina Hlalele 300812 0195 08 6
1887 Pontso Lucas Leotlela 310508 5134 08 2
1894 William Molete 480624 5161 08 4
1898 Motiti Elsie Mokoena 260512 0149 08 7
1900 Motlami Azeal Aau 360505 5182 08 6
1901 Morongoe Alice Pule 370512 0260 08 9
1903 Jimmy Ramotsie 630613 5402 08 4
1904 Maphokoane Mary Oliphant 220804 0099 08 4
1907 Howard Notsi Pitso 741028 5356 08 9
1908 Dina Selina Mohoere 491107 0617 08 3
1911 Monaheng Ephraim Lesole 250815 5103 08 8
1914 Matlakala Lydia Mosoeunyane 390324 0290 08 2
1915 Molefi Ishmael Motsei 550211 5751 08 3
1916 Karabo Mapane 830910 6031 08 8
1920 Moiponi Stofelinah Sethabela 200901 0146 08 1
1921 Moliehi Abieannah Rosina Letseleha 520616 0657 08 4
1927 Sehloho David Ramoji 270327 5106 08 3
1928 Sethoana Selina Khisane 180129 0125 08 7
1931 Malikotsi Anna Rasentsoere 150809 0078 08 1
110

1932 Matutu Agnes Modise 220806 0104 08 7
1934 Dimakatso Dorothy Senoge 301125 0254 08 7
1937 Mamorakane Neria Thekiso 320617 0169 08 0
1939 Sabata Martin Rapuleng 290213 5191 08 3
1940 Monaheng Jacob Mokgothwane 360507 5272 08 1
1942 & 1943 Ezekiel Pule Chabeli 591009 5670 08 4
1944 Ntombizotwa Julie Ndakana 310101 1555 08 6
1945 Selie Rahab Monare 260701 0244 08 5
1953 Thato Regina Kosaka 280514 0148 08 1
1955 Sabata Jeremiah Rannyane 440211 5248 08 9
1956 Andrease Sello Taeli Mokhothu 541017 5555 08 1
1961 Honi Abel Thamene 350615 5192 08 4
1963 Liphapang Reuben Leketa 311225 5227 08 4
1964 Lungepi Aleen Dabi 180713 5135 08 2
1966 Mantlo Maria Molefe 560702 0431 08 3
1967 Pholopholo Phillip Kumalo 420803 5496 08 7
1968 Nempu Paulinah Mpatana 380623 0221 08 4
1972 Tiisetso Bethuel Rakaki 340603 5140 08 2
1974 Selohlane Jeje Khiba 190101 5259 08 6
1975 Mokete Zachariah Nkhame 270410 5214 08 9
1976 Matebalo Esther Mokati 670119 0335 08 0
1979 Tsokolo Samson Ramokhothoane 271105 5107 08 0
1980 Neo Anastasia Makhongoana 530819 0656 08 4
1983 Ntaoleng Elizabeth Tshabalala 241011 0110 08 6
1986 Hlesiphi Ruth Moeti 280801 0180 08 5
1994 Khabonena Sophia Rapitsi 360602 0395 08 4
1995 Matseliso Elizabeth Likhoele 350206 0221 08 4
1996 Shobola Edwin Tsatsi 450513 5416 08 3
2001 Vangele Martha Semela 380523 0188 08 7
2002 Likeledi Ruth Ramotsoela 350613 0275 08 7
2003 Moalosi Jan Lipali 280214 5212 08 7

2005 Mohloki Engelina Ntono 370921 0181 08 0
2006 Langa Simon Mateza 311205 5111 08 2
2013 Serame Samuel Pinkoane 380621 5267 08 6
2016 Puleng Jacobeth Sefafe 321127 0146 08 7
2018 Mareka Jim Govuzela 320827 5164 08 1
2027 Malillo Lydia Montsioa 370402 0180 08 3
2028 Moeketsi Micheal Chabeli 420616 5628 08 1
2030 Elizabeth Ntloeleng Matsubukanye 480109 0540 08 6
2031 Mamokete Elizabeth Sefafe 330530 0142 08 0
2032 Tonto Herlecott Abiel John Fish 440120 5481 08 4
2035 Mabilikoane David Letsabo 350227 5113 08 4
2036 Seuli Edwin Liphoko 370802 5152 08 8
2038 Tonto Herlecott Abiel John Fish 440120 5481 08 4
2039 Mokoloko Elizabeth Mohaka 390913 0199 08 5
2040 Pulane Adelaide Koaho 350404 0335 08 3
2044 Masingoaneng Meriam Moki 270810 0136 08 0
2047 Sello Daniel Moletsane 690828 5504 08 8
2048 Hlapho George Hlapho 410521 5192 08 2
2051 Mathabo Rebecca Ntombela 380912 0194 08 0
2052 Ramokhalo Jacob Noge 371105 5229 08 1
2054 Ignacia Monyaluoe Mafatle 620305 0340 08 6
2055 Rose Mamokete Maleshoane Sarah Kho-
lumo
600407 0148 08 1
2057 Malesia Dorothy Mohapi 360501 0205 08 9
2058 Justinus Molahlehi Seutloali 280228 5269 08 7
2059 Ndhlala Joseph Siyathata 441130 5193 08 3
2060 Teba Abram Mokhomo 710103 5387 08 2
2062 Ndhlala Joseph Siyathata 441130 5193 08 3
2068 Mositle Mary Finger 350603 0236 08 0
2069 Dimakatso Dina Phalatsi 320324 0227 08 9
2070 William Mosebetsi Mofokeng 540604 5760 08 3
112

2071 Moeketsi Moses Moeng 720210 5773 08 4
2074 Mohlouoa Simon Mokoena 380313 5184 08 7
2075 Masabata Francina Motseki 310313 0159 08 9
2079 Mannana Alinah Mokhobo 310516 0157 08 1
2084 Molatudi Petrus Moleke 270815 5214 08 9
2087 Merenyane Samuel Tsatsi 310306 5135 08 8
2090 Mamokhethi Elisa Lethetsa 251215 0167 08 0
2092 Molefi John Mohanoe 180405 5102 08 5
2098 Mammolo Fanny Mokgwamme 390730 0226 08 4
2099 Kolitse Sinah Sarah Lesige 520924 0669 08 7
2100 Nondaba Elisa Mjandana 470403 0535 08 5
2104 Mokoaqo July Xaba 620714 5404 08 8
2105 Nele Debora Dumako 350111 0275 08 2
2106 Motseki Meshack Machitje 250515 5124 08 0
2107 Mapuleng Sophia Motsitsi 290804 0254 08 0
2110 Ntsetselane Christina Leburu 340105 0284 08 9
2111 Mankisi Selina Lihaba 381121 0203 08 6
2112 Matshediso Monica Koena 240303 0282 08 5
2114 Matimokanye William Molefi 721112 5868 08 9
2115 Pule Paul Takalo 320228 5156 08 8
2118 Maleshwane Lydia Modise 300427 0061 08 7
2119 Likeleli Adelina Mahlatsi 180101 2585 08 9
2120 Masite Piet Molete 310307 5138 08 0
2124 Mpho Sophiata Daphne Tshabalala 340101 0596 08 5
2126 Dami Thomas Mthembu 520923 5756 08 9
2130 Chabedi Joseph Motsapi 361225 5446 08 9
2137 Mookho Anna Lipitso 450915 0459 08 5
2142 Miriam Mamotlogeloa Ramaisa 591129 0284 08 5
2143 Matsiliso Miriam Matlokotsi 410101 1192 08 7
2145 & 2146 Phani Joel Pule 351023 5180 08 5
2148 Pulane Jeanette Monahadi 400207 0246 08 9
2149 Pulane Jeanette Monahadi 400207 0246 08 9
2152 Vueloa Elizabeth Oliphant 331230 0217 08 6
2155 Dimakatso Roseline Shoro 470226 0518 08 6
2159 Soga Donald Makhetha 620708 5343 08 0

2161 Folata Miriam Nhlapo 341111 0164 08 0
2163 Dolly Dora Xanko 340307 0177 08 7
2164 Mtetwa David Mavundla 340303 5125 08 0
2166 Phuti Paul Ramotsehoa 400726 5372 08 7
2167 Motupu Annah Khotlakgomang 320409 0209 08 6
2170 Nonono Lydia Majola 280714 0149 08 5
2171 Tselane Anah Seselinyane 510624 0347 08 8
2172 Tlhanyane Simon Ramotseoa 381102 5294 08 0
2175 Breyten Andries Goitsemang Seroalo 541211 5750 08 7
2177 Malesaoane Letia Motsieloa 240612 0111 08 0
2179 Tshepiso Mary Thomas 470820 0467 08 6
2181 Mamoshe Elisa Tsoeu 220315 0192 08 4
2183 Dikeledi Josephina Baase 330210 0216 08 1
2184 Phani Joel Pule 351023 5180 08 5
2185 Motlaletsi Piccanin Mosekili 370515 5288 08 8
2187 Tomane Isaac Motselebane 470707 5663 08 4
2188 Nonwakazi Mina Mofokeng 350107 0249 08 5
2189 Meshack Mtutuzeli Bulwana 600122 5799 08 1
2192 Mohanoe Johannes Pheroli 300203 5130 08 0
2193 Tsietsi Meshack Manyanye 290703 5127 08 7
2196 Koteli Ishmael Kobuoe 430414 5538 08 0
2200 Buti Colbert Goje 460623 5283 08 2
2201 Stephen Sello Hlahane 420916 5524 08 6
2202 Tutuse Rebecca Makhetha 180802 0206 08 7
2203 Masothonyane Jeremiah Sefali 270205 5117 08 8
2206 Mojabeng Susan Dire 320320 0161 08 8
2207 Mamotabo Hilda Thooe 470427 0533 08 9
2211 Maleo Joseph Sebego 420226 5487 08 0
2214 Msizeni Lethers Makhoba 750719 5309 08 0
2215 Machabeli Meriam Mariti 340505 0174 08 3
2216 Tokelo Bennett Potloane 330317 5177 08 3
2221 Topi Grace Ntshingila 340910 0427 08 7
2223 Oulady Merriam Molebatsi 440329 0448 08 5
2227 Ntebaleng Maria Chabeli 510629 0365 08 9
2234 Seefi Daniel Meku 380303 5203 08 6
114

2251 Dihlare Emily Mosoeu 441001 0449 08 7
2252 Matsetsa Ellen Melk 260404 0311 08 3
2254 Sabata Daniel Moeti 390815 5308 08 4
2255 Meitjies Elizabeth Khasu 330605 0365 08 7
2262 Pule Naphtali Ramorapeli 290128 5160 08 8
2267 Mohande Isaac Mokhorong 241028 5099 08 0
2273 Motsilisi Dora Rasentsoere 400506 0367 08 8
2275 Mosele Emily Moreki 251125 0134 08 1
2280 Seqantu Martha Malgas 190806 0136 08 5
2284 Tlhoriso Julius Rammatli 741028 5744 08 6
2285 Matlaleng Alina Lebona 291010 0143 08 8
2287 Molahlehi Koos Tonjane 320501 5125 08 3
2292 Mookho Miekie Motsoeneng 540224 0434 08 7
2293 Matsietsi Josephina Makhema 300409 0231 08 4
2294 Motsilisi Dora Rasentsoere 400506 0367 08 8
2295 Setho Shadrack Marumo 300509 5158 08 1
2296 Maleshoane Joyce Moisi 571028 0752 08 9
2297 Kenalengwana Alinah Koena 280314 0204 08 7
2298 Nomgidi Angelina Tsunke 420605 0348 08 4
2302 Thofisi Mabel Mokhere 400606 0377 08 5
2303 Ntoagae Peter Olifant 340729 5127 08 2
2304 Moliuoa Martin Sephiri 500428 5300 08 0
2305 Mojalefa Dirk Wolf 700817 5632 08 8
2306 Mahlomola Joseph Zwane 361225 5524 08 3
2323 Daniel Dixon Sabbatha Mokhele 290127 5172 08 5
2326 Selina Makamoho Mokoena 341025 0198 08 0
2327 Mamokete Magdeline Sesing 270816 0126 08 8
2330 Ramakoloi Isaac Kiri 310223 5098 08 5
2332 Molifi Solomon Nkala 380124 5185 08 5
2334 Malieketseng Selina Molifi 331107 0164 08 0
2340 Kapoko Sophonia Tladi 280828 5313 08 0

2350 Nondaba Anna Mahloko 480102 0558 08 3
2353 Kebeiloe Jacob Kobela 570317 5728 08 2
2356 Naomi Tsegoane Koena 540611 0937 08 7
2357 Mookho Alice Ntsasa 350909 0231 08 2
2358 Puleng Maria Rasenyalo 390124 0225 08 2
2366 Kodisang Aaron Kokami 481113 5267 08 2
2369 Mokhele William Ramoolla 360504 5251 08 2
2372` Jonas Rapulane Letloenyane 820818 5932 08 5
2374 Sipho Ephraim Ndaute 320513 5125 08 8
2376 Elizabeth Mai Seitshiro 490906 0582 08 5
2380 Matsipane Dorothy Seane 320430 0174 08 8
2381 Joel Ratsolanku Molete 640711 5258 08 0
2385 Tlhoriso John Malekele 370319 5121 08 8
2387 Nthole Roseline Masike 350529 0162 08 5
2388 Manana Selinah Makume 270131 0134 08 6
2390 Kgudugane Sarah Montshiwa 430605 0221 08 1
2392 Mapheli Joyce Rakhetla 350819 0172 08 9
2395 Setimela Jacob Motsatse 370225 5152 08 2
2398 Thabo Ophniel Mokatsanyane 331129 5151 08 6
2486 Mofase Lilly Mashoeng 410703 0207 08 7
2497 Kelibone Suzan Sempapalele 300614 0293 08 9
2555 Mamakama Alphonsina Goje 391018 0247 08 9
2569 Masenuku Hester Madiba 340520 0240 08 1
2692 Kamohelo Peter Potse 351221 5160 08 7
2693 Madala Stephen Radebe 370521 5202 08 7
2709 Selasi Isaiah Moroe 380202 5241 08 0
2715 Poppy Amanda Mogorosi 430609 0365 08 8
2951 Moroa Rebecca Majoe 290828 0153 08 3
2996 Thuloane Simon Makhongoana 580924 5774 08 7
3031 Moeketsi Moses Moeng 720210 5773 08 4
116

_______________________________________________________________________________________________________

ANNEXURE B

NOTICE OF INQUIRY

REGULATION 3 (1)



the areas of jurisdiction of the Municipality of Moqhaka.

16:00 on 23 October 2005.
DIRECTOR GENERAL

3100 Manki Sarah Mashoeng 250504 0204 08 9
3258 Mothepane Martha Tlaedi 460913 0331 08 9
3294 Tembeka Mabel Cingo 080502 0062 08 1
3298 Nomalanga Alinah Khasudi 471227 0554 08 8
8540 Lehana Micheal Sekhoete 410113 5307 08 2
8541 Masupha Wellem Mokoteli 221010 5179 08 2
8544 Nomgidi Angelina Tsunke 420605 0348 08 4
8545 Makhala Martha Hlalele 320915 0205 08 0
8547 Ntone Joseph Hoshele 310917 5121 08 2
8549 Tefo Gilbert Makhalanyana 550510 5697 08 3
8550 Nkalimeng Jermina Montsitsi 310203 0188 08 1
8551 Mamateletse Lydia Molefe 360105 0307 08 3
8552 Phuthane Simon Mkwanazi 290801 5179 08 0
8553 Malupu Julia Dlamini 170315 0079 08 3
8555 Dikeledi Mary Sehloho 340416 0263 08 4
8558 Motlalepule Fidelia Tang 361116 0178 08 4
8561 Ishamael Letile Matube 561031 5663 08 9
8585 Malefu Sophia Zotwane 450726 0435 08 6
8805 Pekizwe Andrew Nkomonde 420707 5671 08 8
AANHANGSEL B

Regulasie 3 (1)



binne die regsgebied van die Munisipaliteit van Moqhaka in te stel.;

of op 16:00 op 23 Oktober 2005 te bereik.

DIREKTEUR GENERAAL

KROONSTAD MAOKENG
KROONSTAD SEEISOVILLE
4 Moseli Emily Lebatla 260731 0114 08 7
7 Maphoka Annah Lethoko 201011 0126 08 0
9 Ramolikoe Zacharia Lesega 390807 5303 08 2
78 Matsukuli Geoginah Seeletsa 450130 0333 08 8
89 Tshitso Sherwin Khoele 770206 5379 08 7
95 Kedibone Eliza Mohlamme
Rebecca Annah Moithumi Chojane
Moroesi Martha Marapo
Khantse Dorah Marapo
511018 0407 08 4
540922 0724 08 0
440705 0428 08 8
480520 0648 08 5
98 Mamontso Elsie Mashabe 511014 0556 08 7
104 Moeketsi Silas Serapelo 230908 5124 08 2
105 Daniel Mokhoka 660312 5722 08 7
106 Kesenogile Anna Mokoena 491209 0486 08 7
108 Oupa Abiel Ditsheho 460802 5555 08 3
113 Osias Sebinane 540212 5433 08 9
115 Mamoliehi Agnes Motseki 180707 0125 08 0
147 Leepile Tau Daniel Morolong 770426 5513 08 5
118

201 Mafa Jonas Kumalo 530108 5825 08 8
207 Makheleng Jacobeth Matlhaping 111113 0077 08 8
230 Rantaba David Sebego 600211 5870 08 1
247 Slamuse John Molai 510422 5232 08 6
252 Sefafane Fannie Tshabalala 280612 5236 08 1
263 Mere John Helepi 580929 5805 08 8
271 Johannes Moorosi Lekgobo 580515 5797 08 4
302 Matseliso Selina Ralihlare 311224 0196 08 9
322 Matefo Sophia Ramolapong 500503 0361 08 7
347 Mmamatsiliso Lydia Phatlhodi 290505 0176 08 8
355 Magala Aleta Nkale 411208 0302 08 5
370 Mathule Johannes Mosoeu 450601 5543 08 7
378 Ezekiel Malikela Noge 740609 5598 08 4
430 Gladwin Thato Notsi 820815 6267 08 1
436 Majane Rebecca Mosuetsa 121129 0083 08 0
452 Thekiso Rathabeng Bethuel Kometsi 590703 5451 08 8
455 Morakane Rahaba Maloka 240515 0113 08 1
462 Ramokgasinyane Micheal Letloenyane 671225 6085 08 9
474 Motsilisi Aletta Lethoko 431017 0338 08 0
478 Limakatso Rebecca Muso 360202 0454 08 8
500 Tsili Eliza Ngonela
Dikeledi Selina Mangoenyane
Setsheho Merriam Mohlabane
460411 0475 08 9
550505 0551 08 7
431111 0198 08 9
527 Thembisile Ruth Masoeng 50419 0758 08 6
538 Matsidiso Jack Thibile 570405 5875 08 4
542 Nomboniso Agnes Mavaleliso 370916 0260 08 2
551 Chaka Edwin Mabaso 550216 5586 08 2
660 Ralilibane Ezekiel Ntsala 460917 5549 08 2
665 Lucas Motolo Molefi Mokhothu 540923 5706 08 0
685 Fumane Liesbet Mahlohla 710116 0397 08 8
693 Ramasimong Tigeli Petrus Ishmael
Serobe
580130 5771 08 7
713 Puleng Elizabeth Mokone 270605 0126 08 5
720 Motlaletsatsi Alrine Motsoahole 471113 0580 08 5
762 Makoto Rosina Matsoake 990404 0028 08 0
777 Mmankgaodise Selina Makhongoana 431217 0353 08 5

822 Mothibeli Petrus Legopo 440502 5281 08 7
910 Kuku Merriam Dunywa 520913 0718 08 5
921 Thabo Joseph Moloantoa 780526 5454 08 7
932 Mamorabe Mary Ramoolla 410717 0268 08 9
961 Velapi Andrew Hlatshwayo 370403 5298 08 6
962 Mamakuli Agnes Montsioa 251125 0137 08 4
976 Mamothebe Bellinah Makate 281118 0124 08 1
980 Mamahlomola Nelly Rampai 200101 0250 08 8
987 Tembeka Mabel Cingo 080502 0062 08 1
1004 Mampho Lettie Mateba 250312 0207 08 0
1020 Mosidi Emily Thapeli 550430 0411 08 5
1039 Lerotha Samuel Sekhonyana 180818 5220 08 9
1042 Morake Peter Moleme 321013 5176 08 1
1045 Mantoa Maria Lethea 300918 0122 08 5
1064A Belloane Paulina Pitso 290101 1739 08 0
1070 Puseletso Lydia Morabe 290804 0144 08 3
1071 Maneo Meriam Lepamo 260404 0305 08 5
1072 Ntlama Abel Kholumo 381110 5312 08 3
1078 Tselane Salmina Ntsoereng 280317 0127 08 3
1079 Ratseke Ezekiel Ntlhe 290102 5294 08 0
1084 Mareka Richard Matsepe 370119 5096 08 6
1088 Oupa David Mathe 500822 5236 08 0
1089 Checha Abel Ramokhothoane 440714 5286 08 7
1092 Tlopo Windvoel Koalepe 620126 5612 08 3
1117 Liboseng Annah Makoko 410724 0237 08 0
1119 Mojapela Zachariah Moreki 270112 5144 08 0
1120 Ramsay Nkululeko Raphael Ntloko 300917 5143 08 8
1122 Kutwana Isaac Matli 480606 6062 08 0
1123 Moeketsi Daniel Seheri 600505 5784 08 9
1127 Lucky Susan Takalo 340410 0078 08 9
1154 Albert January Moshoeleli Nkaki 560215 5775 08 1
1155 Maroati Annah Mahloko 380419 0202 08 7
1158 Moitiri Lucy Ndaba 280818 0160 08 1
1160 Tsele Domkrag Moeti 200101 5303 08 0
1164 Pakiso Simon Rantso 290308 5119 08 2
120

1166 Mapuleng Eufodia Koaho 160116 0093 08 8
1167 Teboho Johannes Makhema 470204 5452 08 0
1169 Senokwane Josiah Tshegare 470717 5675 08 7
1170 Tepie Stephen Ratsebe 300512 5177 08 5
1173 Mamosidi Ruth Thloloe 441110 0481 08 9
1176 Mono Monica Mokgoka 390714 0419 08 9
1177 David Makupu 611104 5722 08 8
1189 Paulina Litsehoane Lepota 550613 0362 08 1
1190 Nomthi Elsie Mzizi 341009 0165 08 3
1191 Thamsanqa Joseph Hammarksjoeld
Makapela
601204 5735 08 0
1193 Hloriso Constable Tlisane 380914 5195 08 8
1194 Pulane Maria Kumalo 460527 0303 08 6
1195 Aupa Richard Khabane 451227 5226 08 2
1196 Makhala Emily Radebe 280815 0152 08 4
1197 Beleloane Hessie Mokotso 140321 0097 08 0
1198 Siwane Wacles Dunywa 581017 5401 08 9
1199 Chabeli Ishmael Moletsane 460729 5282 08 9
1201 Sekompi Jocobeth Morakabi 270801 0189 08 8
1202 Nodikasi Maria Caleni 240101 1387 08 9
1204 Conradina Sara Kau 300329 0242 08 1
1210 Molahlehi Abel Ndweni 350420 5161 08 4
1214 Malebo Jankie Modiko 330413 5130 08 9
1222 Buti Joseph Selenga 450822 5351 08 7
1225 Makhoncha Boesman Nhlapo 201013 5105 08 5
1230 Elizabeth Sisi Majoang 620719 0469 08 5
1232 Sahloko Martins Kumanda 160126 5084 08 1
1233 Modiehi Martha Matsoele 250805 0117 08 4
1234 Polo Ida Nkonoane 651004 0460 08 3
1235 Buti Montgomery Sebolai 440818 5502 08 6
1236 Matiro Anna Mogoje 310315 0170 08 1
1237 Letheba Amerika Makume 180801 5180 08 1
1238 Senkepeng Sannah Khauoe 220302 0099 08 9
1251 Seiphetlo Johny Letloenyane 610606 5728 08 0
1252 Beibi Maria Moliko 690419 0328 08 5
1255 Qhitoe Isaac Motapane 570313 6108 08 5

1263 Petrose Khutlisi Moloi 260914 5132 08 6
1265 Tsie Wilfred Matlabe 250401 5189 08 6
1268 Matlakala Augustina Folotsi 380425 0229 08 7
1269 Goeieman Malejoane Jeremia Ngake 471214 5555 08 8
1270 Theophilus Tuelo Mogorosi 630520 5757 08 8
1275 Lithebe Ishmael Tau 500909 5750 08 5
1284 Cali James Qhubu 450306 5512 08 8
1285 Khantse Alina Leepile 300415 0184 08 2
1288 Keneilwe Gladys Mosalakae 370222 0182 08 1
1289 Puseletso Georgina Thebe 410315 0281 08 5
1291 Ramofunase Petrus Motsepa 370108 5162 08 9
1293 Buti Daniel Ntsabelle 491115 5360 08 8
1295 Langa Simon Mateza 311205 5111 08 2
1296 Sesenyane Mary Monyake 370714 0221 08 3
1297 Keromang Kelibone Anna Bornman 570814 0244 08 1
1298 Natae Jeannette Thaisi 370823 0203 08 0
1302 Malete Molefi Lucas Motsumi 550619 5752 08 5
1303 Vuyiswa Gladys Tlhabanelo 481230 0247 08 1
1305 Motiki William Mabe 380616 5202 08 3
1306 Mantsiuoa Adelene Mahlaphuli 271024 0147 08 4
1309 Saalimo Susan Mkwane 300828 0181 08 2
1310 Dikeledi Roselyn Damane 271222 0128 08 4
1311 Philemon Serei 630621 5536 08 2
1312 Selloane Adelice Matube 270527 0116 08 2
1314 Sekoto Lazaro Lekitlane 510711 5455 08 9
1315 Chere Daniel Mangoejane 420824 5286 08 8
1317 Ntontwazwana Emily Ntsizi 270516 0161 08 1
1318 Malenki Sarah Monyake 120810 0080 08 2
1319 Tsela Jacob Motake 330101 5259 08 7
1323 Elizabeth Sethole 500612 0669 08 2
1324 Disemelo Francina Letele 650106 0325 08 2
122

______________________________________________________________________________________________________

1325 Thabo Abel Sekhobe 240218 5147 08 5
1326 Makhomo Anna Motsoane 280511 0128 08 9
1327 Matseliso Emily Morake 240709 0117 08 1
1328 Joalane Rosy Chere 640207 0295 08 6
1329 Quetha Henry Mgxekwa 300814 5225 08 2
1331 Matsiliso Thalitha Nkoba 400601 0368 08 5
1333 Mamotaung Lydia Mokemane 410523 0200 08 4
1336 Segano Pule Samuel Padi 540725 5499 08 1
1337 Mamoilwa Martha Ndaba 331011 0348 08 3
1341 Mosela Charlotte Tilo 290721 0291 08 8
1342 Charles Mathebula 410515 5192 08 4
1343 Ndlanzi Johannes Plaakie 470706 5537 08 2
1349 Thehla Ishmael Sehlomoli
Susan Mpho Khasu
460405 5311 08 3
590803 0612 08 8
1351 Nomthakathi Ruth Teleko 181119 0199 08 2
1353 Thulo Isaac Mokhomo 470501 5304 08 2
1356 Dineo Leomile Evodia Makhethi 790130 0390 08 7
1357 Mamokhele Miriam Sebetoane 670120 0418 08 2
1359 Mamoleleki Sophie Khumisi 290613 0199 08 2
1360 Motsoana Julia Mohoje 200420 0129 08 8
1361 Mohapi Annanias Mohlaping 401002 5189 08 0
1363 Roman Catholic Church
1510 Panki Elizabeth Mofokeng 270818 0162 08 9
1511 Tsietsi Johannes Setseke 320918 5188 08 7
1512 Tsietsi Johannes Setseke 320918 5188 08 7
1513 Mokerekery Kerry Mokoena 180817 5106 08 2
1514 Matlalanyane Jacob Mofokeng 421209 5486 08 7
1519 Molefi Zetha Moroanyane 441018 5445 08 4
1521 Mafonfonyane Nephtali Jasong 391018 5250 08 8
1522 Mohotsi Johannes Ramolahlehi 390130 5235 08 3
1526 Gasiane Anna Matsabu 231206 0110 08 4

Annexure C


[REGULATION 4]



(a)(i) that the Director General determined that he intends to declare ownership in respect of the affected sites (situated within the area of
jurisdiction of the Municipality Nketoana) indicated in column 1 of the Schedule, have been granted to the persons indicated in col-
umn 2 of the Schedule; and

DIRECTOR-GENERAL.

Aanhangsel C

[REGULASIE 4]

Wet op die Omskepping van Sekere Regte tot Huurpag of Eiendomsreg, 1988 (Wet No. 81 van 1988 )


persele (gele binne die regsgebied van die Munisipaliteit van Nketoana) aangedui in kolom 1 van die bylae, verleen te gewees het
aan die persone aangedui in kolom 2 van die Bylae, en


DIREKTEUR-GENERAAL
Column 1
Kolom 1
Column 2
Kolom 2
Column 3
Kolom 3
Affected sites
Name of person to whom the Director
general intends to declare a right of
ownership

mende direkteur-generaal voornemens
is te verklaar eiendomsreg verleen te
gewees het.
2(2) OF THE ACT? (YES/NO)
(2) van die wet? (Ja/Nee)
LERATSWANA ARLINGTON
LERATSWANA - ARLINGTON
25 Mamodiehi Maria Motaung Yes/Ja
77 Ntahli Calista Sempe Yes/Ja
135 Lucia Pitso Yes/Ja
153 Samuel Mokhothu Yes/Ja
124



Behuising onderwoepe is;

(c) dat, behoudens 'n beslissing van die Lid van die Uitvoerende Raad belas met Plaaslike Regering en Behuising by appel, elke
_______________________________________________________________________________________________________

Annexure C


[REGULATION 4]



(a)(i) that the Director General determined that he intends to declare ownership in respect of the affected sites (situated within the area of
jurisdiction of the Municipality Nketoana) indicated in column 1 of the Schedule, have been granted to the persons indicated in col-
umn 2 of the Schedule; and

DIRECTOR-GENERAL.

Aanhangsel C

[REGULASIE 4]



persele (gele binne die regsgebied van die Munisipaliteit van Nketoana) aangedui in kolom 1 van die bylae, verleen te gewees het
aan die persone aangedui in kolom 2 van die Bylae, en


DIREKTEUR-GENERAAL

203 Mojabeng Selina Tshabalala Yes/Ja
292 Sefako Raphael Makume Yes/Ja
345 Matshepiso Emily Tshabalala Yes/Ja
348 Sonti Ellen Nthebe Yes/Ja

SCHEDULE / BYLAE
Column 1
Kolom 1
Column 2
Kolom 2
Column 3
Kolom 3
Affected sites
Name of person to whom the Director
general intends to declare a right of own-
ership

mende direkteur-generaal voornemens is
te verklaar eiendomsreg verleen te ge-
wees het.
2(2) OF THE ACT? (YES/NO)
(2) van die wet? (Ja/Nee)
PETRUS STEYN MAMAFUBEDU
PETRUS STEYN - MAMAFUBEDU
1 NG Kerk in Afrika Yes/Ja
8 Simon Mosolodi Yes/Ja
38 Sello Jeremiah Makume Yes/Ja
51 Mkhohlane Lucius Malindi Yes/Ja
91 Thabo Joseph Radebe Yes/Ja
113 Sekobi Sellwane Sanna Mosala Yes/Ja
125 Roman Catholic Church Yes/Ja
142 Nonceba Julia Tshabalala Yes/Ja
149 Nonceba Julia Tshabalala Yes/Ja
150 James Tlali Yes/Ja
161 Lehlohonolo Johannes Mofokeng Yes/Ja
162 Thabile Susanna Kobedi Yes/Ja
166 & 168 The Mahon Evangelical Church of
Sourthern Africa
Yes/Ja
181 Mamotsemoholo Agnes Masunya Yes/Ja
206 Maria Mokubung Yes/Ja
215 Samuel Mahlophe Yes/Ja
221 Kekeletso Sophia Kitime Yes/Ja
228 The Full Gospel Church of God in Southern
Africa
Yes/Ja
126

244 Mary Melato Yes/Ja
248 Johanna Mamba Yes/Ja
287 Letia Mbele Yes/Ja
288 Joseph Mkhonwane Malindi Yes/Ja
291 Limakatso Meriam Mosia Yes/Ja
295 AME Church Yes/Ja
303 Elizabeth Tshabalala Yes/Ja
306 Oupa Edward Magagula Yes/Ja
308 Evelinah Mahlophe Yes/Ja
326 Filippi Moris Tladi Yes/Ja
343 Nokhala Simon Maduna Yes/Ja
346 David Kutoana Yes/Ja
348 Esther Masoka Yes/Ja
373 Matlala Aletta Moloi Yes/Ja
378 Likeleli Emily Mofokeng Yes/Ja
399 Klaas Maduna Yes/Ja
405 Mochana Petrus Mochoadiba Yes/Ja
453 Setaoana Meshack Mokoena Yes/Ja
465 PaKISO Kleinbooi Motloung Yes/Ja
468 Elizabeth Letsela Yes/Ja
490 Masoja Solomon Nhlapo Yes/Ja
492 Jan Moloi Yes/Ja
499 Manyaku Emely Sina Yes/Ja
621 Sanna Nhlapo Yes/Ja
631 Selloane Maria Mosia Yes/Ja
637 Johannes Mahlasela Yes/Ja
639 Rathabaneng John Tshele Yes/Ja
646 & 647 Elizabeth Tshabalala Yes/Ja
657 Tseko Johannes Mabe Yes/Ja
660 Mmitsela Joseph Motaung Yes/Ja
674 Thys Mokoena Yes/Ja


(c) that, subject to a decision by the Member of the Executive Council: Local Government and Housing on appeal, every person indi-
cated in column 2 of the Schedule in paragraph (a) above, shall be declared to have been granted ownership in respect of the site
indicated opposite his name in column 1 of the Schedule.

Behuising onderwoepe is;

(c) dat, behoudens 'n beslissing van die Lid van die Uitvoerende Raad belas met Plaaslike Regering en Behuising by appel, elke per-
soon aangedui in kolom 2 van die bylae in paragraaf (a) hierbo genoem, verklaar sal word dat eiendomsreg verleen te gewees het,
ten opsigte van die perseel in kolom 1 van genoemde Bylae teenoor sy naam aangedui.
_______________________________________________________________________________________________________

Annexure D
NOTICE OF GRANTING OF ONERSHIP
[REGULATION 6]


I, Dr Muzamani Charles Nwaila Director General of the Free State Province, hereby declare that rights of ownership in respect of the affected
sites (situated in the area of jurisdiction of the Municipality of Tswelopele) indicated in column 1 of the Schedule, have been granted to the
persons indicated in column 2 of the Schedule.

DIRECTOR-GENERAL.

688 Selloane Maria Mosia Yes/Ja
695 Abasiza James Maduna Yes/Ja
698 Manoi Paulinah Mokoena Yes/Ja
703 Ntando Daniel Mlangeni Yes/Ja
707 Motsabi Salmina Lehoko Yes/Ja
709 Molefi Jonas Mahlasela Yes/Ja
711 Ndali Thomas Mbongo Yes/Ja
713 Ramangoane Madumaduma Jacob
Qhamakoane
Yes/Ja
715 Benedict Nakedi Yes/Ja
720 Tumelo Simon Ndobo Yes/Ja
723 Johannes Segai Senkhe Mogoera Yes/Ja
730 Puleng Monica Ramocoela Yes/Ja
731 Morobi Robert Mohlabane Yes/Ja
732 Petrus Zachale Hlongwane Yes/Ja
734 Dikeledi Eva Mmutle Yes/Ja
736 Thebe Ramonotshe Yes/Ja
742 Phillip Nhlapo Yes/Ja
128
Aanhangsel D


[REGULASIE 6]


Hiermee VERKLAAR EK Dr Muzamani Charles Nwaila Direkteur-generaal van die Provinsie Vrystaat, dat eiendomsreg ten opsigte van die
affekteerde persele (gele binne die regsgebied van die Munisipaliteit van Tswelopele) aangedui in kolom 1 van die Bylae, verleen is aan die
persone aangedui in kolom 2 van die Bykae.

DIREKTEUR-GENERAAL

SCHEDULE / BYLAE

______________________________________________________________________________________________________

Annexure D

[REGULATION 6]


sites (situated in the area of jurisdiction of the Municipality of Nala) indicated in column 1 of the Schedule, have been granted to the persons
indicated in column 2 of the Schedule.

DIRECTOR-GENERAL.

Column 1
Kolom 1
Column 2
Kolom 2
Affected sites

granted
Affected sites

Geaafkteerde persele
Name of person to whom the Director General intends to
Naam van persoon wat die Direkteur- generaal voornemens
is te verklaar eiendomsreg verleen te gewees het.
BULTFONTEIN PHAHAMENG
BULTFONTEIN - PHAHAMENG
1644 Matsiliso Miriam Mangoejane
1646 Lesholobe Anna Molehe
1713 Pheko David Leeuw
1744 Anna Nkhaso
1806 Nokwayintomby Mdungwane
1825 Nomdakalani Annie Taaibosch
1854 Lwaephe Lukas Nyamane

Aanhangsel D

[REGULASIE 6]


affekteerde persele (gele binne die regsgebied van die Munisipaliteit van Nala) aangedui in kolom 1 van die Bylae, verleen is aan die persone
aangedui in kolom 2 van die Bylae.

DIREKTEUR-GENERAAL

SCHEDULE / BYLAE

Column 1
Kolom 1
Column 2
Kolom 2
Affected sites

granted
Affected sites

Name of person to whom the Director General intends to de-
clare a right of ownership
Naam van persoon wat die Direkteur- generaal voornemens is
te verklaar eiendomsreg verleen te gewees het.
BOTHAVILLE KGOTSONG
BOTHAVILLE - KGOTSONG
3 Lucas Sam Mohlokoa
267 Sehloho Isaac Modula
275 Phamodi Alfred Sondake
283 Puleng Rebecca Mofokeng
290 Ramoroesi David Khasane
293 Mosoeu Piet Mahlaku
332 Lofa Petrus Qaba
342 Okamang Benjamin Phashe
345 Moleko Frank Motingwe
347 Mafuntsi Martha Motloung
348 Tsietsi Edwin Ramongalo
354 Dikeledi Annah Mothabe
357 Matete Jim Pholo
732 Makafane Jacob Mokobokoa
876 Mookho Maria Moeketsane
886 Phanjie Aya Senyagwe
130

______________________________________________________________________________________________________

Annexure D
[REGULATION 6]


sites (situated in the area of jurisdiction of the Municipality of Matjahbeng) indicated in column 1 of the Schedule, have been granted to the
persons indicated in column 2 of the Schedule.

DIRECTOR-GENERAL.
894 Kholesele Timothea Coli
896 Puleng Emily Mathosa
914 Raletisa Alfred Motlogeloa
1057 Nthekeleng Maria Lee
1119 Mamatunyane Anna Nthejane
1388 Mamoya Elisa Mokone
1391 Lekgotla Johan Taso
1990 Lengolo Tsoaisi Tsoaisi
2029 Sabata Simon Maishoane
2038 Moeki Micheal Matwane
2077 Motsephe Wessels Motoze
2309 Tsatsi Jonas Ramakhale
2310 Maseiso Josephine Tsele
2312 Pelaelo Julia Mmutle
2325 Simon Morapeli
2329 Sekeamotho Esther Makoatsane
2331 Pulane Maria Mokoro
2338 Musi Phillip Ramasimong
2339 Motlagosebatho Annah Seitsiro
2346 Leah Moliehi Ntlele
2349 Tshikane John Ndlovu
2368 Manko Dorah Selebogo
2370 Lebaka Abner Molebeledi
2382 Mosiuwa Petrus Ramakaba
2385 Kopo Johannes Petrus Mokatsane
2432 Teboho Prince Bosiu
3640 Madillo Rebecca Lekitlane

Aanhangsel D

[REGULASIE 6]


affekteerde persele (gele binne die regsgebied van die Munisipaliteit van Matjhabeng) aangedui in kolom 1 van die Bylae, verleen is aan die
persone aangedui in kolom 2 van die Bykae.

DIREKTEUR-GENERAAL

SCHEDULE / BYLAE

_________________________________________________________________________________________________________________
Column 1
Kolom 1
Column 2
Kolom 2
Affected sites

granted
Affected sites

Name of person to whom the Director General intends to
Naam van persoon wat die Direkteur- generaal voornemens
is te verklaar eiendomsreg verleen te gewees het.
VENTERSBURG MAMAHABANE
VENTERSBURG MAMAHABANE
17 Kekeletso Meriam Berries
18 Phakoe Johannes Mokati
32 Mmanini Ruth Phahlane
44 Thapelo Khotso Peter Thahetsi
53 Molungisi Lesley Booi
54 Evelyn Lisebo Mohlekoa
57 Nonkohle Sarah Maoba
61 Sekirimane John Seluku
72 Thulo Ephraim Mahlatsi
76 Nogala Victoria Nyakama
86 Mahlomola John Thebe
99 Oupa Hendrik Ledimo
107 Ncoi Jeremiah Peter
139 Bongani Matsubukane
173 Mampoti Ragele Moretlo Chalale
214 Lamie Cylvia Msibi
132

CONVERSION OF PERMITS TO OPERATING LICENSES
C35

The Free State Operating Licensing Board hereby gives notice in terms of Section 37(2) of the National Land Transport Transition Act, 2000
(Act No. 33 of 2000), of receipt of applications for -

(i) the conversion of permits to operating licenses where these permits are converted from a radius based or area based
permit to a route based operating license.

Each application envisaged above, together with full particulars, is open for inspection at the offices of the Free State Operating Licensing
Board, Anchor House, 1st Floor, Cnr. East Burger Street and Nelson Mandela Drive, Bloemfontein.

Interested persons and bodies are invited to comment and to make representation within 21 calendar days from date of publication of this
notice. Such comments and representations must be submitted to the Secretary: Free State Operating Licensing Board, Private Bag X20579,
Bloemfontein, 9300.

_________________________________________________________________________________________________________________

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No. 107 VRYDAG, 23 SEPTEMBER 2005 No.

107 FRIDAY, 23 SEPTEMBER 2005

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