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High Court bars Ondangwa from impounding stray animals

Home National High Court bars Ondangwa from impounding stray animals

Obrein Simasiku

Windhoek-On Friday the High Court ordered the release of all stray animals impounded by the Ondangwa Town Council, and also barred the town council from further impounding stray animals until the council has drafted and implemented policy regulations on impounding strays.

This is to ensure that the town council complies with the Animal Protection Act, Act 71 of 1962 and the impound regulation No. 191 of 1994. The court further ordered that the town council submit biweekly reports with photos on the condition of animals in the holding pens. Impounding will only be allowed to commence once policy regulations have been implemented.

As do many other town councils in the northern regions, Ondangwa impounds all animals that stray into the town for grazing, and requires owners to pay a fine upon the collection of the animals from the pound.
W. Horn Attorneys applied for the court interdict on behalf of Wilmarie Horn, a committee member of Oshana Society for the Prevention of Cruelty to Animals (SPCA). Horn earlier this month raised the red flag when they pounced on the impounding pen upon a tip-off that animals were dying of starvation.

Meanwhile, the Oshana SPCA now has in its sights set on the Okahao Town Council where impounded stray animals are living in deplorable conditions.

“A criminal case of animal cruelty will be opened against the Okahao Town Council,” the statement said. This follows an investigation carried out on Thursday, when the SPCA found two dead donkeys and one in the process of dying, which prompted the SPCA to end the donkey’s life with a single gunshot.

In a statement, the SPCA justified the killing, saying they invoked section 5 (5) of the Animal Protection Act when they put down the animal, because the state veterinarian did not have the drug to euthanise it.

“The donkeys have been impounded for about four to five months as auction advertisement is crippled by ministerial red tape. Although shading, water and food are provided, it is not sufficient, and the food is [made] mouldy by the rain,” read the statement.

Furthermore it indicated that the impounding pen is dirty, full of plastics and dangerous metal pieces. The SPCA says it had met with the town council to “assist them to comply with animal welfare legislation and pound regulations”.