CHAPTER 36:02
BRANDING OF CATTLE

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Zonal Branding

 

   3.   Zonal branding areas

 

   4.   All cattle to be branded with zonal symbol

 

   5.   Branding of cattle removed into another zonal branding area

 

   6.   Manner of branding zonal symbol

 

   7.   Penalty for applying incorrect zonal symbol

 

   8.   Penalty for defacing or altering zonal symbol

 

   9.   Penalty for unauthorized application of zonal symbol to another person's cattle

 

   10.   Presumption as to removal of cattle branded with zonal symbol

 

 

 

PART III
Registration of Brands

 

   11.   Appointment of Registrar and Assistant Registrar

 

   12.   Register of brands

 

   13.   Form of brands to be registered under this Act

 

   14.   Registration of brand

 

   15.   Removal of illegal brands from register

 

   16.   Brand to lapse after 10 years unless renewed

 

   17.   Renewal of registration of brand

 

   18.   Brand directory

 

   19.   Surrender of brands

 

   20.   Transfer of brands

 

   21.   Re-issue of brands

 

   22.   Manner of branding cattle

 

   23.   Penalty for use of unregistered brand

 

   24.   Penalty for defacing or altering brand

 

   25.   Penalty for unauthorized branding

 

   26.   Brand prima facie proof of ownership in case of stock theft

 

 

 

PART IV
Miscellaneous

 

   27.   Presumption against mutilator

 

   28.   Jurisdiction

 

   29.   Regulations

 

 

Law 19, 1961,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 39, 1969,
Act 7, 1973,
Act 34, 1973,
Act 34, 1977,
Act 44, 1977,
Act 10, 1978,
S.I. 14, 1978,
Act 6, 1986.

An Act to make further and better provision for the branding of cattle and for matters incidental thereto.

[Date of Commencement: 1st January, 1962]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Branding of Cattle Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "AC brand" means any letter, character, sign or symbol or any combination thereof used or intended to be used for the marking of cattle to indicate that such cattle are pledged as security under the Agricultural Charges Act or the Hypothecation Act;

   "Accountant General" means the person holding office as Accountant-General in the public service of Botswana;

   "authorized creditor" means an authorized creditor as defined in the Hypothecation Act;

   "brand", as a noun, means any letter, character, sign or symbol or any combination thereof used or intended to be used for the marking of cattle; but does not include a distinctive mark, or an AC brand;

   "brand", as a verb, means to burn, cut, imprint or in any way mark a brand on to cattle;

   "brand directory" means the directory of brands or any revised edition thereof or supplement thereto prepared in pursuance of section 18;

   "brand register" means the register kept under section 12;

   "branding iron" means any instrument or tool by which any brand can be branded on cattle;

   "cattle" means any bull, cow or ox, or any heifer or calf which has been weaned;

   "distinctive mark" means a cheekmark, hornmark, hoofmark or earmark, or any clasp, rivet or tag attached to an ear, and includes any other mark which the President may, by regulations, made under section 29, add to this definition;

   "legal representative", in relation to a person who is dead, means the person who in law or in customary law, whichever may be applicable, represents the estate of that person;

   "registered brand" means a brand registered under this Act;

   "Registrar" means the Registrar of Brands appointed under section 11;

   "zonal branding area" means one of the areas prescribed under section 3;

   "zonal symbol" means one of the brands prescribed under section 3;

PART II
Zonal Branding (ss 3-10)

 

3.   Zonal branding areas

   The President may from time to time by order published in the Gazette prescribe areas in Botswana to be zonal branding areas and shall in respect of each zonal branding area prescribe a letter of the alphabet to be the zonal symbol for that area:

   Provided that-

 

   (i)   the aggregate of the several zonal branding areas shall at all times be the whole of Botswana; and

 

   (ii)   no such order shall be brought into operation until the expiration of six months after the publication of the order in the Gazette.

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