Animal Diseases Act, 1984 (Act No. 35 of 1984)26. Limitation on liability of South African Transport Services and livestock auctioneers |
| (1) | The South African Transport Services shall not be liable — |
| (a) | by reason of its refusal to transport any animal or thing— |
| (i) | whenever it knows, or it may on reasonable grounds be suspected, that such animal or thing is an infectious or contaminated thing |
| (ii) | if any permit or other document is required by this Act for the transport or removal of such animal or thing, and the consignor is not able or fails to produce that permit or document or any duplicate or copy thereof to it; or |
| (iii) | by reason of a prohibition under this Act of the removal or transport of such animal or thing from the land on which it is kept or is present; or |
| (b) | by reason of its detention or disposal of any such animal or thing in accordance with a written direction issued by the director under this Act. |
| (2) | A livestock auctioneer as defined in section 1(1) of the Agricultural Produce Agency Sales Act, 1975 (Act No. 12 of 1975), shall not be liable if he refuses to sell any animal in respect of which he knows, or on reasonable grounds suspects, that it is infected with any controlled animal disease or parasite, or in respect of which any circumstance contemplated in subparagraph (ii) or (iii) of subsection (1)(a) is of application, and which has been entrusted to him for sale, or if the director has directed him in writing to detain or dispose of any animal. |
| (3) | The consignor or owner of any animal or thing which has been detained or disposed of in terms of subsection (1)(b) or (2), shall be liable to the South African Transport Services or the livestock auctioneer concerned, as the case may be, for any costs incurred in connection with such detention or disposal. |