South Africa’s soaring petrol prices, hitting a record R30.25 per litre in October, have some motorists considering alternative transport. This October also saw diesel prices rise by more than R3 per litre to a new record high of R33.29 per litre, further exacerbating the fuel crisis. Horse and donkey carts, once seen as quaint relics of rural life, are now being viewed as a potential solution to the country’s escalating fuel costs. Forecourt owners have reported a noticeable drop in fuel sales this year, as motorists are making fewer trips, carpooling, or working from home to avoid the rapidly increasing cost of transport.
While the idea of swapping engines for equine power may seem far-fetched, South African law does permit the use of certain animals for transport on public roads. However, this comes with a set of strict regulations. Some South Africans have also started looking at electric cars to eliminate their reliance on fossil fuels completely, while for other “drivers,” the only running cost they have to worry about is hay.
Animals as Vehicles: Legal Classification
According to the National Road Traffic Act, individuals riding or leading animals on public roads are legally classified as drivers. This classification is explicitly defined in Section 1(15) of the Act, which states that a driver is “any person who drives or attempts to drive any vehicle or who rides or attempts to ride any pedal cycle or who leads any draught, pack or saddle animal or herd or flock of animals.” This means they’re subject to the same rules and responsibilities as motorists, including prohibitions against reckless or negligent driving.
The Act also outlines specific duties for drivers involved in accidents, as detailed in Section 61. These duties apply when an accident on a public road results in the death or injury of any person, or damage to property or animals. Section 61(5) further clarifies that an “animal” in this context refers to any bovine animal, horse, ass, mule, sheep, goat, pig, ostrich, or dog.
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Rules of the Road for Animal-Drawn Transport
Animal-drawn vehicles, such as horse or donkey carts, are permitted on public roads but must adhere to local municipal by-laws, national traffic rules, and animal welfare standards. These carts are prohibited on high-speed routes like national roads and freeways. According to Johannesburg Metropolitan Police Department spokesperson Xolani Fihla, “Their operation must not endanger other road users. They must have proper lighting and reflectors and must be driven by competent motorists who obey the rules of the road.”
To ensure safety, carts must be equipped with reflector lights for visibility, especially in low-light conditions. Leaving an animal unattended in or near a public road where it could wander into oncoming traffic is considered an offence.
Municipal Regulations and Animal Welfare
Municipal by-laws play a key role in regulating animal-drawn transport. For instance, Cape Town requires cart operators to hold a valid E53 Cart Horse Operator’s Permit, obtained after completing a training workshop covering traffic laws, road signs, and animal care. Individuals must be at least 18 years old to apply for a permit, and the horse and cart must be registered and display identification plates.
The cart itself must also be roadworthy and comply with regulations, including the harness used to attach the animal. South Africa‘s Animal Protection Act governs the treatment of working animals, prohibiting abuse, overloading, and neglect. It is an offence to overload, overdrive, ill-treat, neglect, infuriate, torture, maim, or cruelly beat, kick, goad, or terrify any animal. All working animals must be fit to work, meaning it is illegal to work an animal that is diseased, exhausted, or injured. The Act also prohibits the use of harnesses or other equipment that causes harm or unnecessary suffering to the animal. Violations can result in fines up to R4,000 or imprisonment for up to 12 months.
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