4 GOVERNMENT GAZETTE EXTRAORDINARY, 3Ro MAY, 1963

No. 31, 1963.]

Please note that most Acts are published in English and another South African official language. Currently we only have
capacity to publish the English versions. This means that this document will only contain even numbered pages as the other
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ACT
To consolidate the laws relating to fences and the fencing of
farms and other holdings and matters incidental thereto.
(Afrikaans text signed by the State President.)
(Assented to 21th April, 1963.)
BE IT ENACTED by the State President, the Senate and the
House of Assembly of the Republic of South Africa, as
follows:-
Definitions. 1. In this Act, unless the context otherwise indicates-
(i) "boundary fence" means any fence (including, in an
area in respect of which a proclamation under section
three is in force, a jackal-proof fence), together with
any necessary gate or any contrivance forming part
or serving the purpose of such a gate, erected on or
as near as possible to the boundary of any holding
and separating such holding from any other holding;
(iii)
(ii) "contributions" means contributions by owners to
the cost of boundary fences in accordance with this
Act, and "contribute" has a corresponding meaning;
(i)
(iii) "cost", in relation to the erection, alteration or repair
of any fence, means any cost of or incidental to such
erection, alteration or repair, including the cost of
transport of materials; (vii)
(iv) "holding" means-
(a) land held by any person under separate grant,
deed of transfer or certificate of title;
(b) land held under lease, licence or allotment from
the State with an option to purchase it, provided
the lease, licence or allotment is registered in a
deeds office or other registration office;
(c) land which in terms of· the Native Trust and
Land Act, 1936 (Act No. 18 of 1936), vests in
the South African Native Trust established by
section four of that Act;
(d) land to which any of the provisions of the Mission
Stations and Communal Reserves Act, 1909
(Act No. 29 of 1909), of the Cape of Good
Hope, or of that Act as applied by any other law,
apply and which vests in any Minister in trust
for any Coloured persons,
but does not include any erf, stand or lot situated
within a municipality or borough or proclaimed
town, village or township unless such erf, stand or
lot is at least three morgen in extent and is one of a
number contiguous to each other on which farming
operations are carried on; (v)
(v) "jackal-proof fence" means a boundary fence which is
jackal-proof; (vi)
(vi) "Minister" means the Minister of Agricultural
Technical Services; (viii)
(vii) "owner", in relation to a holding, means-
(a) save as provided in paragraph (b), the person
registered in any deeds office or other registration
office as the owner of the land comprising the
holding;
(b) where the land comprising the holding-
(i) is land referred to in paragraph (b) of the
definition of "holding", the person registered
as the holder of the relevant lease, licence or
allotment;
(ii) is land referred to in paragraph (c) of that
definition, the South African Native Trust;
(iii) is land referred to in paragraph (d) of that
definition, the Minister of Coloured Affairs;
 6 GOVERNMENT GAZETTE EXTRAORDINARY, 3Ro MAY, 1963

(iv) is registered in the name of the Minister of

Bantu Administration and Development or
any other person or body in trust for a Bantu
person, a Bantu tribe or a Bantu community,
that Bantu person, tribe or community;
(v) is subject to a usufruct, the usufructuary;
and, where any person aforementioned is dead
or any person or usufructuary aforementioned is
a minor or is or becomes insolvent or of unsound
mind or subject to some other legal disability,
includes any executor, administrator, guardian,
trustee, liquidator, curator or other person
having the control of the estate or assets of, or
representing that person or usufructuary; (ii)
(viii) "repair", in relation to any boundary fence, includes
putting and maintaining such fence in good order
by trimming, cutting or any other means. (iv)
(2) Whenever under this Act it is necessary to determine in
respect of the fencing of any public outspan the ownership
thereof, the owner shall be deemed to be-
(a) save as provided in paragraph (b), where the outspan
is situated- I
(i) in the area of jurisdiction of a local authority,
that local authority;
(ii) in the area of jurisdiction of a divisional council,
that divisional council;
(iii) in an area in which no local authority or divisional
council has jurisdiction, the provincial council of
the province in which it is situated;
(b) where the outspan is situated in an area included in
the Schedule to the Natives Land Act, 1913 (Act No.
27 of 1913), and is controlled by the Department of
Bantu Administration and Development, the South
African Native Trust.

Areas where 2. (1) The State President may, if he deems it expedient,

contributions by proclamation in the Gazette declare contributions to be
are obligatory.
obligatory as from a date to be specified in such proclamation-
(a) throughout the area of jurisdiction of any divisional
council or in any part of such an area if the provisions
of sub-section (2) have been complied with in respect
of the area concerned or the part of such an area
concerned, as the case may be;
(b) subject to the provisions of sub-section (3), throughout
any district in which no divisional council has jurisdic-
tion, or in any ward of any such district or in any
other area included in any such district and defined in
such proclamation.
(2) Whenever a divisional council has considered a proposal
that it should recommend that contributions be declared
obligatory in any area under its jurisdiction, it shall transmit
to the Minister-
(a) the terms of the proposal and proof that it was moved
and put to the vote at an ordinary meeting of the
council in accordance with the rules of the council;
(b) a statement of the council's decision;
(c) proof that notice of intention to move the proposal
and of its terms had, at least one month before
the date on which it was first moved, been published
in the newspaper or newspapers in which notices of
the council are usually published; and
(d) a statement showing the number of owners of holdings
situated in such area who, within a time to be fixed
by the council, have expressed themselves in favour
of contributions being declared obligatory in such
area and the total extent of their holdings, and the
number of owners of such holdings who, within that
time, have expressed themselves against contributions
being declared obligatory in such area and the total
extent of their holdings.
(3) In respect of any such district, ward or other area as is
referred to in paragraph (b) of sub-section (1), such a proclama-
tion may be issued if-
(a) the Minister is satisfied-
(i) that a meeting of owners of holdings situated in
such district, ward or other area was convened
on a written request signed by not less than
twelve owners of such holdings;
 8 GOVERNMENT GAZETTE EXTRAORDINARY, 3Ro MAY, 1963

(ii) that not less than one month's prior notice of

the date, place and purpose of the meeting was
given by advertisement in at least one newspaper
circulating in such district, ward or other area;
and
(iii) that the magistrate of such district presided at
the meeting and that a proposal that the meeting
pass a resolution recommending that contribu-
tions be declared obligatory in such district, ward
or other area, was put to the meeting; and
(b) the said magistrate has transmitted to the Minister a
statement showing-
(i) the number of owners of such holdings present
or represented at the meeting who supported the
proposal, and the total extent of their holdings;
and
(ii) the number of such owners who did not support
the proposal, and the total extent of their holdings.
(4) The State President may, if he deems it expedient having
regard to the circumstances prevailing in the area concerned,
from time to time and for such period as he may deem fit, by
proclamation in the Gazette suspend the operation of any
proclamation issued under sub-section (1), or the operation of
sub-section {3) of section thirty-three in respect of any area to
which the latter sub-section relates.
Areas where 3. (1) Subject to the provisions of sub-section (2), the State
contributions President may, if he deems it expedient, by proclamation in the
are obligatory Gazette declare contributions to the cost of jackal-proof fences
in respect of
jackal-proof to be obligatory in any area in which contributions to the cost
fences. of boundary fences are obligatory.
(2) The provisions of section two shall mutatis mutandis
apply in respect of the issue and the operation of any such
proclamation.
Jackal-proof 4. The owner of a holding situated in an area in which
fencing in an contributions are obligatory in respect of boundary fences
area where other than jackal-proof fences, may erect a jackal-proof fence
contributions
are obligatory in respect of that holding or convert any boundary fence in
in respect of respect of that holding into a jackal-proof fence but shall, as
boundary fences against the owner of an adjoining holding who does not wish
other than such fence to be jackal-proof, bear any additional cost necessary
jackal-proof
fences. to make it jackal-proof.
Boundary 5. If the owner of a holding situated in an area in which
fencing in an contributions are not obligatory, has lawfully erected a boundary
area where fence in respect of that holding, and the owner of an adjoining
contributions
are not holding adopts means whereby that fence is rendered of
obligatory. beneficial use to himself, either owner may, in default of agree-
ment, claim that the value ofthe fence to each owner (regard
being had to the extent to which such use is being or has been
made) be determined in accordance with the provisions of the
Second Schedule, and, upon the value being so determined,
it shall be obligatory on the owner who has made beneficial
use of the fence to contribute to the cost of the fence in accord-
ance with the determination.
Boundary 6. The owner of a holding situated outside any area in which
fencing where contributions are obligatory, shall not be liable to contribute
holding adjoins to the cost of a boundary fence between that holding and any
an area in whlch
contributions holding situated in any such area, unless he adopts means
are obligatory. whereby the fence is rendered of beneficial use to himself.
Notice in 7. (1) An owner of a holding situated in an area in which
respect of contributions are obligatory, who intends to erect a boundary
erection of fence between that holding and any other such holding, shall,
a boundary
fence. if he requires the owner of such other holding to contribute
to the cost of the fence, give to that owner written notice
(as nearly as possible in the form set out in the First Schedule)
of his intention to erect the fence, which shall be dated and shall
set out the specifications and the estimated cost of the fence
and the proportion of such cost which he requires that owner to
contribute.
(2) If, within a period of one month or, where the owner so
required to contribute is the South Mrican Native Trust or a
Bantu tribe, two months or, where notice is given by publication
in terms of paragraph (b) of sub-section (1) of section eight,
three months after the date on which such notice was given,
the owner so required to contribute-
 10 GOVERNMENT GAZETTE EXTRAORDINARY, 3Ro MAY, 1963

(a) lodges with the owner who gave the notice an objection
thereto, stating that he wishes to erect a boundary
fence of a different type and setting out the specifica-
tions and the estimated cost of such fence, either
owner may, in default of agreement, claim that the
matter shall be determined as a dispute in accordance
with the provisions of the Second Schedule;
(b) does not lodge such an objection, the owner who gave
the notice may forthwith proceed to erect the fence.
(3) The provisions of this section shall mutatis ·mutandis
apply in respect of any boundary fence existing at the date as
from which contributions become obligatory in the area
concerned, provided such fence is in good order.
(4) If an owner has erected a boundary fence without com-
plying with the provisions of sub-section (I) and the owner of
an adjoining holding adopts means whereby such fence is
rendered of beneficial use to himself, the provisions of section
five shall mutatis mutandis apply.
Notice to 8. (I) Any notice to be given in terms of section seven to an
absentee owner. owner who cannot be traced or is absent from the Republic,
shall be deemed to be duly given-
(a) when it is given to any person generally or specially
authorized by such owner as his representative; or
(b) if no such person is known to the owner giving the
notice, when it has been published once in the Gazette
and three times in a newspaper circulating in the
district in which the holding is situated.
(2) The cost of any such publication as is referred to in
paragraph (b) of sub-section (1), shall be added to the contribu-
tion required from the owner to whom the notice is so deemed
to be given.
Notice to 9. Where the South Mrican Native Trust or any Bantu
the South African tribe is the owner of any holding, any notice to be given under
Native Trust
or any Bantu this Act to such Trust or tribe in that capacity, shall be given
tribe. to the Bantu Affairs Commissioner having jurisdiction in the
area in which such holding is situated.
Repair of 10. (I) An owner shall be liable for the cost of repairs to
boundary fences. any boundary fence in respect of his holding to the extent to
which he would under this Act be liable to contribute to the
cost of such fence.
(2) An owner may serve upon the owner of the adjoining
holding separated by such fence a notice in writing requiring
him to assist, within a period of one week, in repairing such
fence and, if the owner of the adjoining holding fails to comply
with the notice, may repair such fence and recover from that
owner the proportion of the cost due from him.
Alteration of 11. An owner may at any time alter any boundary fence in
boundary fences. respect of his holding so as to make it a fence of a superior
type: Provided that the owner of the adjoining holding separated
by such fence shall not be liable to contribute to the alteration
unless and until he derives beneficial use from the type of the
fence as altered.
Right of owners 12. (1) Any owner of a holding (other than a usufructuary
to obtain thereof) who wishes to erect a boundary fence in respect of
advances from that holding, and any owner of a holding who is, in accordance
the Land Bank.
with the provisions of this Act, required by the owner of an
adjoining holding to contribute to the cost of a boundary fence
in respect of the two holdings or the cost of any such alteration
to a boundary fence in respect of those holdings as is referred to
in section eleven, shall, if the cost of the erection or the contribu-
tion, as the case may be, exceeds forty rand, be entitled to
obtain, subject to the provisions of the Land Bank Act, 1944
(Act No. 13 of 1944), from the Land and Agricultural Bank of
South Africa an advance to defray such cost or such contribu-
tion, as the case may be.
(2) The provisions of the Dipping Tanks (Advances) Act,
1911 (Act No. 20 of 1911), except those contained in sub-
sections (4) and (6) of section two thereof, shall mutatis mutandis
apply in respect of any such advance or any application therefor,
with the following modifications, namely-
(a) the application shall be made to the said bank;
(b) no advance shall be made by the said bank except
upon a certificate of the Secretary for Agricultural
 12 GOVERNMENT GAZETTE EXTRAORDINARY, 3RD MAY, 1963

Technical Services that the provisions of the said

Act as applied by this sub-section and of this Act
have been complied with;
(c) all powers and duties conferred or imposed on any
department by the relevant provisions of the said Act
shall for the purposes of this sub-section be deemed
to have been conferred or imposed on the said bank;
(d) any such advance and the interest thereon shall be
repaid within a period not exceeding eighteen years.

Usufructuary's 13. A usufructuary who is in terms of the definition of

claim in respect "owner" in section one the owner of a holding and has under
of contributions
paid by him any provision of this Act been required by the owner of an
as owner. adjoining holding to contribute to the cost of erection, con-
version or alteration of any boundary fence in respect of the
two holdings, or the estate of any such usufructuary who has
died, may, on the termination of the usufruct, claim from the
owner who succeeds him an amount equal to the amount
contributed less-
(a) if the owner who succeeds him is in terms of section
thirty-three of the Land Bank Act, 1944 (Act No. 13
of 1944), liable in respect of any advance made to
the usufructuary in respect of such cost, the amount
of the capital of such advance for which that owner is
so liable; and
(b) such amount, if any, in respect of depreciation of such
fence or, as the case may be, of such converted or
altered part thereof, as shall, in default of agreement
between the usufructuary or his estate and the owner
who succeeds him, be determined in accordance,
mutatis mutandis, with the provisions of the Second
Schedule.

Rights where 14. (I) Where any holding fenced under this Act is held
holding held under lease, the owner may during the term of the lease claim
under lease
is fenced. from the lessee, as from the date when such holding became so
fenced, a payment of six per cent per annum on any sum which
he has paid in respect of the fence and shall, in respect of the
recovery of any such payment, have the same rights as he has
in law to recover rent due to him from the lessee.
(2) Upon receiving notice from the owner that he requires
such payment to be made, the lessee may determine the lease,
unless the owner's liability to contribute to the cost of the fence
arose from any act of the lessee.
(3) If any civil proceedings are taken under this Act against
a lessee for which the owner will ultimately incur any liability,
the owner may intervene in and defend such proceedings, and
any defence which is available to the lessee shall be available
to the owner in addition to any other available defence.
Rights per- 15. (1) An owner may fence his holding or contribute to the
taining to cost of erecting a boundary fence in respect of his holding
boundary
fencing where notwithstanding that such holding is subject to a servitude of
holding is grazing or a servitude of watering livestock thereon in favour
subject to of any other person, provided he allows reasonable means of
certain ingress and egress to the livestock of the servitude holder
servitudes.
through suitable and sufficient gates.
(2) The holder of a servitude of grazing as in sub-section (1)
described, shall be liable to pay to the owner of the holding a
fair share of the cost of erection, maintenance and repair of the
fence proportionate to his interest in the grazing rights over
the holding.
(3) In default of agreement between the owner and a servi-
tude holder as to the suitability or sufficiency of the gates
referred to in sub-section (1), or as to the amount of the share
of the cost referred to in sub-section (2), either of them may
claim that the matter shall be determined as a dispute in
accordance, mutatis mutandis, with the provisions of the Second
Schedule.

Give-and- 16. (1) Where a dividing line between any two holdings is
take line. formed by a watercourse or river (not being of such a nature
as to form a natural barrier for stock) or range of hills, out-
crops of solid rock or kopjes, along which it is impracticable
or inexpedient to erect a fence, the owners concerned may agree
on a fair give-and-take line as a dividing line to be fenced in
accordance with this Act, and, in default of agreement, any
 14 GOVERNMENT GAZETTE EXTRAORDINARY, 3RD MAY, 1963

such owner may claim that the matter shall be determined as a

dispute in accordance with the provisions of the Second
Schedule.
(2) Any give-and-take line so agreed on or determined, shall
be deemed to be the boundary line for the purposes of this Act
but shall not otherwise affect the titles to such holdings.
Clearing bush 17. (I) Any person erecting a boundary fence may clear
for boundary any bush along the line of the fence up to five feet on each side
fencing.
thereof and remove any tree standing in the immediate line
of the fence.
(2) The cost of such clearing shall be deemed to be part of
the cost of erecting the fence.
Access to land 18. (1) Any person erecting, converting, altering or repairing
for purpose of any boundary fence, whether under this Act or otherwise, shall
boundary fencing.
at all times have access to any land for himself and his servants,
implements, materials, animals and vehicles for the purpose of
carrying out the work reasonably required therefor.
(2) Nothing in sub-section (1) contained shall authorize the
entry, without the consent of the occupier, upon land under
cultivation or any garden, plantation, orchard or pleasure
ground, or the cutting down, lopping or damaging of any fruit
tree, ornamental tree or shrub.
Access to land 19. Any person authorized by the Department of Agri-
by authorized cultural Technical Services acting through an officer delegated
persons for
certain purposes. thereto by the Minister, and any person appointed or nominated
to determine a dispute in accordance with the provisions of the
Second Schedule, may enter upon any land and value, measure,
survey, take grades and levels, fell trees, cut fences and do
all other acts necessary for the purpose of inspection, valua-
tion or survey or of carrying out any provision of this Act:
Provided that any damage caused by the exercise of the powers
conferred by this section shall be repaired and, in so far as
repair is not possible, the amount of the damage (which in
default of agreement, shall be determined in accordance,
mutatis mutandis, with the provisions of the Second Schedule)
shall be paid to the owner.
Fencing-off 20. (1) The owner of any railway line which traverses any
of railway holding shall, at his own expense, erect and maintain on
lines.
either side of such line a sufficient fence with adequate crossing
facilities at every place where a public road traverses such
line and at any other place where such facilities are reasonably
necessary in order to enable livestock to cross such line from
one part of such holding to another: Provided that half the
cost of any such facilities required at any such other place
shall be paid by the owner of the holding affected.
(2) Subject, in any case where a public road traverses the
line, to the approval of the road authority concerned, gates of
such number and structure as may be agreed on between the
owner of such line and the owner of such holding or as may,
in default of agreement, be determined in accordance, mutatis
mutandis, with the provisions of the Second Schedule, shall be
erected in such fence at any place where such crossing facilities
are provided.
(3) The State President may by proclamation in the Gazette
exempt any area from the operation of this section.
Gates. 21. (1) (a) Subject to the provisions of paragraphs (b) and
(c), the owner of any fence crossing a public road,
shall allow an opening of not less than fifteen feet
across the road and shall erect and maintain in good
order a gate made of iron or wood or of an iron or
wooden frame spanned with wire, placed as near
as possible at right angles to the road and properly
fixed by means of hinges or pivots to posts erected
for the purpose, so as to facilitate the opening and
closing of the gate and to ensure that it will swing
clear of the ground.
(b) Where any road authority exists, such authority
shall prescribe the types and width of gates which
may be erected across any road in its area.
(c) Nothing in this sub-section contained shall apply
in any area in which the provisions of section twenty
of The Road Boards Act, 1901 (Act No. 35 of 1901),
of Natal, are in force, or in which any road authority
lawfully prohibits the erection of gates across public
roads.
 16 GOVERNMENT GAZETTE EXTRAORDINARY, 3Ro MAY, 1963

(2) A provincial council may make ordinances in regard .

to contrivances in gaps in fences crossing or near public roads,
which are designed to permit the passage of motor vehicles
but to prevent the passage of livestock over or through such
contrivances.
Leaving gates 22. Any person who-
open. (a) opens and leaves open or unfastened; or
(b) finding open on passing through, neglects to shut
and fasten,
a gate in any fence shall be guilty of an offence and liable on
conviction to a fine not exceeding fifty rand or, in default
of payment, to imprisonment for a period not exceeding
three months or, in the case of a second or subsequent con-
viction, to such imprisonment without the option of a fine.
Climbing or 23. Any person who climbs or crawls over or through any
crawling over fence or gate without the permission of the owner or lessee
or through
fences without of the land upon which such fence or gate is situated, shall
permission. be guilty of an offence and liable on conviction to a fine not
exceeding fifty rand or, in default of payment, to imprison-
ment for a period not exceeding three months.
Wilful damaging 24. Any person who wilfully damages or removes any
or removal fence or gate or any contrivance forming part or serving
of fences.
the purpose of a gate, shall be guilty of an offence and liable
on conviction to a fine not exceeding one hundred and fifty
rand or, in default of payment, to imprisonment for a period
not exceeding six months, or to such imprisonment without
the option of a fine.
Climbing or 25. The provisions of section twenty-three or twenty-four
crawling over shall not render it unlawful for any member of a club regis-
or through,
and damaging or tered in terms of any ordinance relating to the destruction
removing fences of vermin or for any person in the service of a divisional
authorized in council or provincial administration to climb or to crawl
connection with over or through any fence or gate without the permission re-
destruction of
vermin. ferred to in section twenty-three or to damage or to remove
any fence or gate with the intent contemplated by section
twenty-four if such member or such person does so in the
exercise of powers conferred by such ordinance and during
the course and for the purposes of a hunt organized and car-
ried out in terms of. such ordinance by the club to which such
member belongs or the divisional council or provincial ad-
ministration employing such person, provided the said club,
council or administration, as the case may be-
(a) gives prior notice, by publication in a newspaper
circulating in the area in which the hunt is to be
carried out or to the owner or occupier of the land
on which such fence or gate is situated personally,
of the hunt and the week during which it is to be
carried out;
(b) within seven days after such fence or gate is so damaged
or removed, restores it to the condition in which it
was immediately prior to being so damaged or re-
moved, and, until it is so restored, places a guard
at any opening in such fence or gate caused by such
damage or removal and, in the case of a jackal-
proof fence, places such fence, on the day it is so
damaged or removed, in such a condition that the
passage of jackals at the place where it is so damaged
or removed, is prevented.
Unintentional 26. (1) Any person who unintentionally damages any
damaging of fence or gate situated on a holding or on a public road within
fencing.
a holding, shall forthwith repair the damage or, if he is un-
able to repair it, report the damage and his inability to repair
it to the owner or any lessee of the holding and deposit or
give security for such sum as may be reasonably sufficient
to cover the cost of the repair, and the owner or such lessee
shall thereupon on request give such person a written acknow-
ledgement of the sum deposited or secured.
(2) Any person who fails to comply with the provisions
of sub-section (I) shall be guilty of an offence and liable on
conviction to a fine not exceeding fifty rand or, in default
of payment, to imprisonment for a period not exceeding
three months.
Failure to 'JJ1. Any person who, having climbed or crawled over or
give name through any fence or gate without permission, or having
after damaging
fence. damaged any fence or gate, fails to give his correct name and
address, on request by the owner or lessee of the land on which
 18 GOVERNMENT GAZETTE EXTRAORDINARY, 3Ro MAY, 1963

. such fence or gate is situated or by some person authorized

thereto by such owner or lessee, shall be guilty of an offence
and· liable on conviction to a fine not exceeding fifty rand or,
in default of payment, to imprisonment for a period not ex-
ceeding three months.
Penalties where 28. Any person who contravenes or wilfully fails to com-
not expressly . ply with. any provision of this Act in respect of which no
provided.
penalty is expressly provided, shall be guilty of an offence
and liable on conviction to a fine not exceeding fifty rand or,
in , default of payment, to imprisonment for a period not ex-
ceeding three months.
Settlement of 29. Whenever, under this Act, two owners are unable to
disputes. agree as to-
(a) the specifications of any boundary fence proposed
to be erected or altered;
. (b) the value to either owner of any boundary fence;
(c) the use which either owner is , making of any boun-
dary fence and whether such use is beneficial use
and, if so, the extent to which it is being made;
or
(d) any other matter in respect of which a dispute has
arisen between them,
the provisions set out in the Second Schedule shall apply.
Civil juris- 30. The magistrate's court of the district in which the
diction of defendant in any civil proceedings under this Act resides,
magistrates'
courts. shall have jurisdiction to entertain such proceedings and give
judgment for the amount claimed, notwithstanding that
the . proceedings or the amount claimed is under the law re-
lating to magistrates' courts, outside the ordinary jurisdiction
of that court.
Non-liability 31. No owner or occupier of a holding shall be held liable
of owner or in damages in respect of an injury or damage caused to any
occupier of
holding in person or property by such person or property corning into
respect of contact with any fence, unless the injury was occasioned by
certain the negligence of such owner or occupier in erecting, altering,
injuries maintaining or repairing such fence.
or damage.
The State's 32. The State shall in relation to any holding in respect
rights and of which it is the owner or lessee, whether by registration or
duties.
otherwise, have all the rights, obligations and duties con-
ferred or imposed on the owner or lessee of a holding by or
under this Act.
Repeal of laws, 33. (I) Subject to the provisions of sub-sections (2), (3)
and savings.
and (4), the Fencing Act, 1912 (Act No. 17 of 1912), the Fencing
Act Amendment Act, I922 (Act No. II of I922), the Fencing
Act Amendment Act, 1934 (Act No. 24 of 1934), the Fencing
Act Amendment Act, 1940 (Act No. 11 of 1940), and the
Fencing Amendment Act, 1962 (Act No. 57 of 1962), are
hereby repealed.
(2) Any proclamation, notice, order or appointment issued,
given or made, or any other action taken or thing done under
any provision of a law repealed by sub-section (1), shall be
deemed to have been issued, given, made, taken or done
under the corresponding provision of this Act.
(3) Every area which at the commencement of this Act
is in terms of sub-section (5) of section five of the said Fencing
Act, 1912, deemed to be an area proclaimed under that section,
shall be deemed to be an area in respect of which a proclamation
under section two has been issued. ·
(4) The repeal of the said Fencing Act, 1912, shall not
affect any act or right to which at the commencement of this
Act the provisions of section forty-one of that Act apply.
Short title. 34. This Act shall be called the Fencing Act, 1963.
20 GOVERNMENT GAZETTE EXTRAORDINARY, 3RD MAY, 1963

First Schedule.
NOTICE OF INTENTION TO FENCE.
To ....................................................................................................................................................................----··-··-
Owner/Agent of Owner of farm or holding..............................................................................

Address ........................................................................................................................................................................
Take notice in terms of section seven of the Fencing Act, 1963. that
I intend to erect a fence along the boundary between my farm/holding

No .................................................and your farm/holding ........................................................................

........................................................................................................................ No ............................................................
The work will be commenced on or about the .................................... day of
................................................ 19.................. in accordance with the specifications
annexed hereto, and I request you to inform me whether it is your intention
to contribute either labour or material, or both, towards this fencing.
If no reply or objection to the proposed specifications reaches me
within the period prescribed by the said section seven, the work will
be proceeded with in the usual manner.
Signature........................................................................
Owner/Agent for Owner.
Date............................................................
SPECIFICATIONS OF FENCE.
1. Height of fence: .......................................... feet, .......................................... inches.
2. Number of wires: Barbed................................................ Plain................................_____..
3. Distance apart of wires in inches from ground upwards: .............................

4. Nature of straining posts: ............................................................................................................

S. Distance apart of straining posts: .................................................................. yards.
6. Nature of standards: .......................................................................................................................
(i.e. stone pillars, iron standards-lbs., wooden posts-minimum
diameter in inches; etc.).
7. Distance apart of standards .................................................................................... yards.
8. Nature of droppers: ...........................................................................................................................
9. Distance apart of droppers: .......................................................................................... feet.
10. Number of gates: single..................................................................................................................
double...............................................................................................................
11. Length of proposed fence: .......................................................................................... yards.
12. Remarks:

13. Estimated cost including erection: R............................................._ ..............- -

Owner/Agent for Owner.

Second Schedule.
DISPUTES.
1. An owner who is a party to the dispute may serve on the other
owner a notice in writing stating that he desires the matter in dispute to
be determined by a board appointed in accordance with and having the
powers set out in this Schedule.
2. The board shall consist of three members (of whom none shall be
related to any of the parties) appointed as in this Schedule provided,
unless the two owners mutually agree that one person shall determine the
matter, and further agree as to who that person shall be. Such person
shall have all the powers conferred on the board by this Schedule.
3. In default of such agreement each owner shall within fourteen days
after the date of the notice aforesaid nominate one person as a member
of the board, and shall inform the other owner of the name and address
of the person so nominated.
4. If after the expiry of the said period either owner has made default
in complying with paragraph 3 the other owner may request-
(a) the magistrate of the district in which the two holdings are sit-
uated; or,
(b) if the holdings are situated in different districts, the magistrate
whose seat of magistracy is nearest to the place which is or will
be the central poi~t of the boundary fence,
22 GOVERNMENT GAZETTE EXTRAORDINARY, 3Ro MAY, 1963

to appoint forthwith a member of the board to act in the place of the

person who should have been nominated by the defaulting owner, and
the magistrate shall forthwith comply with the request.
5. Notice of appointment shall forthwith be given by the appointing
owner or the appointing magistrate, as the case may be, to a member
appointed as aforesaid, and the two members so appointed shall within
fourteen days after the giving of such notice nominate a third person to
be a member of the board.
6. If at the expiry of the Jastmentioned period of fourteen days the
said two members have made default in agreeing upon a third member,
the magistrate aforesaid shall, at the request of either owner, appoint a
third member. Notice of the appointment shall forthwith be given to the
third member by one or other of the owners or by the appointing magis-
trate, as the case may be.
7. The board shall proceed to determine the matter in dispute as soon
as possible after the third member has received his notice of appointment.
8. The third member shall be chairman of the board and shall summon
all meetings of the board.
9. For the purpose of determining the matter in dispute the board
shall have power to summon and hear witnesses, to administer the oath
to witnesses, to call for the production of papers and documents, and to
enter upon and inspect the holdings concerned or any adjacent holding.
10. The decision of the majority of the members shall be the decision
of the board and shall be binding on both owners.
11. The board shall have power to award to either owner as against
the other owner the costs of or incidental to the determination of the
matter in dispute, including such reasonable remuneration of and expen-
diture by the board as does not exceed six rand per day for each member.
12. Any decision of the board, including any decision as to costs, may
be enforced in the same manner and by the same persons as a judgment
or order of the magistrate's court of the district.
13. For the purposes of carrying out any of the powers of the board
and of the payment of allowances to witnesses, the law relating to magis-
trates' courts shall, save as otherwise provided in this Schedule, mutatis
mutandis apply.
14. Any costs awarded by the board may at the request of the owner
against whom the award was made, be taxed by the clerk of the magis-
trate's court of the district in accordance with the law relating to magis-
trates' courts.