Governor on the request of the Council should exempt identified beds of public
rivers from the requirement that every owner and every occupier of land must
eradicate or destroy the weed.
Treating other noxious weeds and plants as if they were Xanthium spinosum—a
weed with no benefits to the South African economy, society or environment—
marks an interesting ‘one-size-fits-all’ policy development that, history has shown,
appears to be at the root of much of the more recent public or special interest pushback against biological invasion legislation and its implementation (see the trout
issue in Weyl et al. 2020, Chap. 6, as well as the controversy around the Himalayan
Tahr in Sect. 18.7.4 below).
The Transvaal Republic made further advances in its regulation of weeds in 1897
with its Eradication of Burweed Law (Law 4 of 1897) which dealt with “the control
of certain weeds—the Xanthium Spinosum and the Scotch Thistle—which are
increasing very considerably in various parts of the South African Republic, and
which render the wool valueless where they grow”. Although the Cape’s Divisional
Councils Act (Act 40 of 1889) described above opened the door for the regulation of
weeds other than Xanthium spinosum, this 1897 law appears to mark the start of the
‘listing’ of species. In this regard, despite Scotch Thistle (Onopordum acanthium)
being a plant which can form dense, impenetrable stands that compete with field
crops and forage plants, the protection of wool farmers still appears to be the
overriding motivation for this law. As with the Cape legislation, Law 4 of 1897
makes it “the duty of all burghers (citizens) to eradicate the [weeds] on their
properties”. Like the Natal Law, there is also a provision for penalties for
non-compliance, which are equally applicable to “officials charged with the supervision of Government grounds”, where, if a person is “negligent in respect of” the
duty to eradicate the weeds they “shall be liable to a fine not exceeding £1, or, in
case of non-payment thereof, to imprisonment with or without hard labour for a
period not exceeding three days for the first offence, or for a second offence to a fine
not exceeding £5, or in case of non-payment thereof to imprisonment for a period not
exceeding 14 days with or without hard labour, and for each successive offence to a
fine not exceeding £20 in addition to imprisonment for a period not exceeding six
weeks with or without hard labour”. Interestingly, in what appears to be an attempt
to promote compliance through improved detection of non-compliance, the Transvaal Law noted that “the Government may grant a part, but not more than a third of
the fines which have been imposed, to the informant.”
In 1901, Natal identified another Xanthium species for control through their
Xanthium Strumarium Burr Weed Act (Act 20 of 1901) which required that “the
Xanthium Spinosum Law No. 38, 1874, shall apply as fully and effectually to the
Xanthium Strumarium Burr Weed as though such weed had been originally included
in the said Law”.
In the 3 years before the four colonies became a union in 1910, there appears
to have been a flurry of ‘noxious weed’ law-making. The Cape Colony started with
its Divisional Councils Act Amendment Act (Act 17 of 1907) when the Act
conferred “upon Divisional Councils greater or additional powers for the eradication or extirpation of noxious weeds or plants, and in that respect to amend the
18 Biological Invasion Policy and Legislation Development
523
rivers from the requirement that every owner and every occupier of land must
eradicate or destroy the weed.
Treating other noxious weeds and plants as if they were Xanthium spinosum—a
weed with no benefits to the South African economy, society or environment—
marks an interesting ‘one-size-fits-all’ policy development that, history has shown,
appears to be at the root of much of the more recent public or special interest pushback against biological invasion legislation and its implementation (see the trout
issue in Weyl et al. 2020, Chap. 6, as well as the controversy around the Himalayan
Tahr in Sect. 18.7.4 below).
The Transvaal Republic made further advances in its regulation of weeds in 1897
with its Eradication of Burweed Law (Law 4 of 1897) which dealt with “the control
of certain weeds—the Xanthium Spinosum and the Scotch Thistle—which are
increasing very considerably in various parts of the South African Republic, and
which render the wool valueless where they grow”. Although the Cape’s Divisional
Councils Act (Act 40 of 1889) described above opened the door for the regulation of
weeds other than Xanthium spinosum, this 1897 law appears to mark the start of the
‘listing’ of species. In this regard, despite Scotch Thistle (Onopordum acanthium)
being a plant which can form dense, impenetrable stands that compete with field
crops and forage plants, the protection of wool farmers still appears to be the
overriding motivation for this law. As with the Cape legislation, Law 4 of 1897
makes it “the duty of all burghers (citizens) to eradicate the [weeds] on their
properties”. Like the Natal Law, there is also a provision for penalties for
non-compliance, which are equally applicable to “officials charged with the supervision of Government grounds”, where, if a person is “negligent in respect of” the
duty to eradicate the weeds they “shall be liable to a fine not exceeding £1, or, in
case of non-payment thereof, to imprisonment with or without hard labour for a
period not exceeding three days for the first offence, or for a second offence to a fine
not exceeding £5, or in case of non-payment thereof to imprisonment for a period not
exceeding 14 days with or without hard labour, and for each successive offence to a
fine not exceeding £20 in addition to imprisonment for a period not exceeding six
weeks with or without hard labour”. Interestingly, in what appears to be an attempt
to promote compliance through improved detection of non-compliance, the Transvaal Law noted that “the Government may grant a part, but not more than a third of
the fines which have been imposed, to the informant.”
In 1901, Natal identified another Xanthium species for control through their
Xanthium Strumarium Burr Weed Act (Act 20 of 1901) which required that “the
Xanthium Spinosum Law No. 38, 1874, shall apply as fully and effectually to the
Xanthium Strumarium Burr Weed as though such weed had been originally included
in the said Law”.
In the 3 years before the four colonies became a union in 1910, there appears
to have been a flurry of ‘noxious weed’ law-making. The Cape Colony started with
its Divisional Councils Act Amendment Act (Act 17 of 1907) when the Act
conferred “upon Divisional Councils greater or additional powers for the eradication or extirpation of noxious weeds or plants, and in that respect to amend the
18 Biological Invasion Policy and Legislation Development
523