Special Regions Act

Section 1. Interpretation Section " authorised officer " means an administrative officer, a police officer of or above the rank of corporal or any other person declared by the Minister by statutory instrument to be an authorised officer;

Section 10. Authorised officer may shoot trespassingcattle Section 10(1) Without prejudice to the powers conferred on authorised officers by virtue of section 9 , any authorised officer who finds cattle in a prohibited area in contravention of an order made under section 3 , may order any person apparently in charge of the cattle to remove them from the prohibited area. Section 10(2) Where— Section 10(2)(a) an authorised officer has issued an order for the removal of cattle under subsection (1) and after the expiration of a reasonable time the cattle have not been moved in accordance with the order; or Section 10(2)(b) there is no person apparently in charge of any cattle to whom an order under subsection (1) can be directed, Section 10(3) Where any cattle have been shot or otherwise destroyed under this section, the shooting or destruction shall be reported forthwith to a chief magistrate who shall so soon as is convenient hold an inquiry into the shooting in such manner as he or she shall think fit, but insofar as is practicable giving all parties concerned an opportunity of being heard. Section 10(4) The provisions of section 9 (3) and (4) shall apply, with all necessary modific...

Section 11. Power to follow up and seizecattle Section 11(1) Whenever an authorised officer is satisfied that— Section 11(1)(a) any cattle have been stolen, whether within a special region or not; and Section 11(1)(b) have taken part in the theft; or Section 11(2) Any action by an authorised officer under subsection (1) shall be reported forthwith to a chief magistrate who shall so soon as is convenient hold an inquiry into the facts of the case in such manner as he or she shall think fit, giving if practicable an opportunity for members of the community from whom the cattle have been seized an opportunity of being heard. Section 11(3) If a magistrate on holding an inquiry under subsection (2) is satisfied that the seizure of cattle was justified, he or she may order that all the cattle , or any specified number of the cattle , be given to the person from whom the cattle were stolen; except that if by virtue of the Animal Diseases Act such an order cannot be carried into effect, the magistrate may order that all the cattle , or any specified number of the cattle , be sold and that the proceeds of the sale be given to the person from whom the cattle were stolen. Section 11(4) If a m...

Section 12. Power of court to make an exclusion order Section 12(1) In any case when a court convicts any person of— Section 12(1)(a) an offence under this Act; Section 12(1)(b) an offence involving violence to any person or property; or Section 12(1)(c) an offence involving or relating to the theft of cattle , Section 12(2) An exclusion order made under this section shall prohibit the person in respect of whom it is made from entering and remaining in, for such period not exceeding five years as may be stated in the exclusion order, any specified area within the special region . Section 12(3) A court making an exclusion order may impose such other conditions as in the circumstances of the case may seem expedient in relation to preventing the person in respect of whom the order is made from associating in any manner with persons in the area from which he or she is excluded. Section 12(4) An exclusion order made under this section in respect of a person sentenced to a term of imprisonment shall have effect on the date of his or her release from prison. Section 12(5) Any person who contravenes the provisions of or any condition in an exclusion order commits an offence and is liable o...

Section 13. Action under Act not to affect proceedings in a court, in certain circumstances Section 13(1) Where any cattle have been seized, sold, slaughtered or in any other manner whatsoever disposed of in accordance with the provisions of this Act, and the seizure, sale, slaughter or disposal has been the subject of an order or declaration of a magistrate following an inquiry under those provisions, no civil proceedings shall be commenced in any court by any person in respect of any such cattle . Section 13(2) Except as provided in subsection (1), no action taken under this Act shall be deemed to be a bar to any civil or criminal proceedings in any court; but in assessing any damages or compensation a court shall have regard to any compensation paid under this Act.

Section 14. Indemnity to persons acting in good faith Section No act done or omitted to be done by any person acting or purporting to act under the provisions of this Act shall, if done in good faith in the execution of his or her duty, subject that person personally to any liability, action, claim or demand.

Section 15. Inquiries where chief magistrate is unable to act Section Where under this Act an inquiry is directed to be held by a chief magistrate and for any reason a chief magistrate is unable to commence the inquiry until after the expiration of seven days from the date on which a report on the matters leading to the inquiry has been received by him or her, any magistrate grade I appointed by the Chief Justice for that purpose may commence within the period during which the chief magistrate is unable to act and thereafter conclude any such inquiry, and for that purpose the magistrate shall have and may exercise all or any of the powers conferred on a chief magistrate by virtue of this Act.

Section 2. Declaration of special regions Section The Minister may by statutory instrument declare any area to be a special region .

Section 3. Minister’s power in special regions Section 3(1) Where a special region has been declared under section 2 , the Minister may by statutory order declare any place or area within the special region to be a prohibited area and may by the same or any subsequent order— Section 3(1)(a) prohibit the entry of any person into that prohibited area without the permission in writing of an administrative officer; Section 3(1)(b) all cattle ; Section 3(1)(c) prohibit the building or erection of any huts, tents, enclosures or structures of any kind, including cattle kraals, within any prohibited area . Section 3(2) An order made under subsection (1)(a) or (c) shall not apply to any person normally resident in the prohibited area in respect of which the order is made. Section 3(3) An order made under subsection (1) shall be published in the Gazette and may be published in such other manner as the Minister shall direct. Section 3(4) Notwithstanding the Interpretation Act, any order made under subsection (1) shall come into force on such date as the Minister shall direct, whether or not it has on that date been published in the Gazette . Section 3(5) Any person who contravenes any of the...

Section 4. Binding over to keep the peace Section 4(1) Whenever a chief magistrate or a magistrate grade I is informed that any members of any community within a special region are likely to act in a manner which may lead to bloodshed, or to the theft of cattle or to the entry of cattle in contravention of an order made under section 3 (1), the magistrate may in the manner hereafter provided require the leaders of the community, or any of them, to show cause why they should not be ordered to execute a bond or bonds on behalf of the community that the community will keep the peace for such period, not exceeding one year, as the magistrate may think fit. Section 4(2) No proceedings shall be commenced under this section unless— Section 4(2)(a) the community in respect of which the information is received by the magistrate; or Section 4(2)(b) the place where bloodshed or the theft or entry of cattle is apprehended, Section 4(3) When a magistrate acting under subsection (1) deems it necessary to require any leader on behalf of any community to show cause under that subsection, he or she shall make an order in writing setting forth— Section 4(3)(a) the substance of the information receiv...

Section 5. Inquiry before binding over Section 5(1) When an order made under section 4 (3) has been read over and explained in the manner provided in section 4 (4), the magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may be necessary. Section 5(2) An inquiry under subsection (1) shall be made, as nearly as may be practicable, in the manner prescribed in the Magistrates Court Act for conducting trials before a magistrate’s court. Section 5(3) The provisions of the Evidence Act shall not apply to an inquiry under this section, and the magistrate may receive any evidence which appears to him or her to be relevant.

Section 6. Order to give security Section If upon any inquiry under section 5 the magistrate is satisfied that the members of any community within a special region are likely to act in a manner which may lead to bloodshed, or to the theft of cattle, or to the entry of cattle into a prohibited area in contravention of an order made under section 3 , he or she may make an order requiring the leaders, or any of them, in respect of whom the inquiry is made, to execute a bond or bonds on behalf of the members of the community that the community will keep the peace and be of good behaviour; but no such bond shall be for a greater sum or for a longer period than that specified in the order made under section 4 (3).

Section 7. Refusal to give security Section If any leader refuses without good cause to execute a bond which he or she has been required to execute under section 6 , a chief magistrate or a magistrate grade I may forthwith order the seizure and confiscation from the community concerned of cattle to the value of the amount of the bond or of such part of the amount as he or she may think fit.

Section 8. Breach of bond Section acted in such a manner as to have caused or to have been likely to cause bloodshed;

Section 9. Power ofauthorised officerto seizecattle Section 9(1) Any authorised officer may seize and impound, or cause to be seized and impounded, any cattle in a prohibited area which he or she suspects on reasonable grounds are in the prohibited area in contravention of an order made under section 3 and may, if he or she thinks fit, cause any of the cattle so seized and impounded to be sold, slaughtered or otherwise disposed of. Section 9(2) Any seizure of cattle made under subsection (1) shall be reported forthwith to a chief magistrate who shall so soon as is convenient hold an inquiry into the seizure in such manner as he or she shall think fit, but insofar as is practicable giving all parties concerned an opportunity of being heard. Section 9(3) If, after holding an inquiry under subsection (2), the magistrate— Section 9(3)(a) order the forfeiture of all such cattle seized and still impounded; or Section 9(3)(b) if the cattle are impounded, order their return to the owners of the cattle at the expense of the Government; or Section 9(4) An order or declaration of a magistrate under this section shall be final.