CHAPTER 36:05
POUNDS

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Establishment of pounds

 

   4.   Appointment of officials

 

   5.   Abolition of pounds

 

   6.   Costs: payment of

 

   7.   Poundmaster's duty to receive animals

 

   8.   Receipt to be given

 

   9.   Separate kraals to be maintained

 

   10.   Poundmaster's duty to care for animals

 

   11.   Penalty for use of impounded animal

 

   12.   Details of death or injury of animals to be kept

 

   13.   Duty to destroy certain animals

 

   14.   Animals trespassing on poundmaster's property

 

   15.   Information to be given to owner of animal

 

   16.   Publication of fees, etc.

 

   17.   Pound-book

 

   18.   Pound-book to be open for inspection

 

   19.   Extracts of pound-book to District Commissioner

 

   20.   Offences in relation to pound-book

 

   21.   False entries in pound-book

 

   22.   Pound-book available at pound sales

 

   23.   Which pound is to be used

 

   24.   Animals which may be destroyed

 

   25.   Owner may recover animals before impounding on tender

 

   26.   Penalty for sale of impounded animal

 

   27.   Improper dealing with impounded animals

 

   28.   Improper rescue of animals seized

 

   29.   Fees for delivering animals to pound

 

   30.   Payment of trespass money or damages

 

   31.   Trespass on uncultivated ground

 

   32.   Double fees in certain cases

 

   33.   Detention of animals until trespass money paid

 

   34.   Sheep suffering from scab

 

   35.   Sheep or goats deemed to be infected with scab

 

   36.   Impounding of animals on outspan and aerodrome

 

   37.   Mileage and trespass money payable in respect of animals impounded

 

   38.   Fees receivable by poundmaster

 

   39.   Grazing fees

 

   40.   Certain animals to be kept apart

 

   41.   Retention of animals

 

   42.   Fees for attendance at pound sale

 

   43.   Alteration of tariffs

 

   44.   Amendment of Schedules

 

   45.   Sale of impounded stock

 

   46.   Advertisement of sale and notices

 

   47.   Copy of notices

 

   48.   Frequency of sales

 

   49.   Time of sale

 

   50.   When animals may not be sold

 

   51.   Procedure at sales

 

   52.   Terms of payment at sales

 

   53.   Special pound fees for bulls

 

   54.   Fees payable to Treasury

 

   55.   Compensation for damage done

 

   56.   Repayment of balance

 

   57.   Civil right of action for damage preserved

 

   58.   Special procedure relating to impounded donkeys

 

   59.   General offences

 

   60.   Fees when conflicting tariffs apply

 

   61.   Fees for molesting animals

 

   62.   Civil action for damages preserved

 

   63.   Recovery of penalties

 

   64.   General penalty

 

   65.   Imprisonment possible in all cases

 

   66.   Custody in pound of stolen animals

 

   67.   Act not to apply where Matimela Act applies

 

   68.   Finance when poundmaster is police officer

 

   69.   Limitation in respect of certain townships

 

 

 

      First Schedule - Rates for Animals Going to the Pounds

 

      Second Schedule - Tresspass on Cultivated Rand

 

      Third Schedule - Tresspass on Uncltivated Rand

 

      Fourth Schedule - Pound Fees

 

      Fifth Schedule - Sustenance Fees

 

      Sixth Schedule - Fees for Animals Herded Separately

 

 

Proc. 12, 1925,
Proc. 26, 1930,
Proc. 10, 1935,
Proc. 60, 1936,
Proc. 22, 1939,
Cap. 111, 1948,
Proc. 61, 1948,
Proc. 44, 1957,
G.N. 27, 1957,
Cap. 140, 1959,
G.N. 27, 1961,
Law 4, 1963,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 24, 1968,
Act 12, 1970,
Act 41, 1977,
S.I. 124, 1984.

An Act to establish pounds, and to provide for the reception and care of trespassing stock, and for matters incidental thereto.

[Date of Commencement: 17th April, 1925]

 

1.   Short title

   This Act may be cited as the Pounds Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "AC brand" means an AC brand as defined in the Branding of Cattle Act;

   "animals" includes horses, mules, donkeys, cattle, sheep, goats, ostriches and pigs;

   "aerodrome" means an area of land demarcated by visible beacons and used in connection with aviation in Botswana, provided such area has been fully described by the President in a notice published in the Gazette;

   "branded animal" means any animal upon which any AC brand is imprinted and includes the unweaned young of any animal upon which any such brand is imprinted;

   "flock" means any number of sheep or goats more than one, which are in one lot, or under the charge of one person;

   "proprietor" includes any owner, lessee or occupier of land, and includes the principal chief or headman of any tribal territory, or any person authorized to act on his behalf;

   "owner", in relation to any animals, includes any agent of the owner, and any person being in charge or control of the animals on behalf of the owner;

   "sufficient fence" means any wall, fence or barrier at least 1,35 m high, through which no animal could pass without breaking;

   "police officer" means any superintendent, assistant superintendent, inspector or sub-inspector of the Botswana Police Force.

 

3.   Establishment of pounds

   The District Commissioner of any district, with the approval of the President, shall establish therein such pounds as may be deemed necessary and appoint and dismiss poundmasters.

 

4.   Appointment of officials

   The District Commissioner of any district, with the approval of the President, may appoint any subordinate officer of the Botswana Police Force to be poundmaster, subject to the provisions of section 68.

 

5.   Abolition of pounds

   The District Commissioner of any district, with the approval of the President, may abolish any pound therein which he deems inexpedient to continue.

 

6.   Costs: payment of

   The costs of publishing the pound notice and other notices in connection with pounds shall be paid from the general revenue of the Government.

 

7.   Poundmaster's duty to receive animals

   (1) Every poundmaster shall receive into his charge all animals tendered at his pound between sunrise and sunset by any proprietor or by the caretaker for any proprietor, or by any person authorized in writing thereto by such proprietor or caretaker, in order to be impounded as having been found trespassing upon the land of such proprietor.

   (2) Any poundmaster who refuses or neglects to receive animals tendered as aforesaid shall be guilty of an offence and liable to a fine not exceeding P10, and shall in addition, be liable for any damage caused to the owner of the said animals, or to any other person, by reason of such refusal or neglect.

   (3) Any animal sent to the pound which is suffering from any contagious disease shall be kept separate from all other animals, and the poundmaster shall cause it to be destroyed under the provisions of section 13.

 

8.   Receipt to be given

   Every poundmaster shall give to every person delivering animals into his charge a written receipt setting forth the number and description of the animals so delivered, and specifying the trespass for which the said animals are reported to be impounded.

 

9.   Separate kraals to be maintained

Every poundmaster shall maintain in good repair, and as far as possible free from all infection, not less than three separate kraals or enclosures-one for ostriches and horses, one for cattle, and one for sheep, goats and pigs:

   Provided that the District Commissioner of any district, with the approval of the President, may give permission to the poundmaster of any pound within his district to maintain a lesser number of such enclosures.

 

10.   Poundmaster's duty to care for animals

   Every poundmaster shall take proper care of any animal impounded, and shall be responsible to the owner of any such animal for any damage or injury sustained by reason of any neglect or default on the part of himself or any person acting for him or on his behalf, where necessary the poundmaster may cause to be branded with a distinctive brand any animal impounded.

 

11.   Penalty for use of impounded animal

   Any poundmaster who rides or otherwise works or uses any impounded animal shall be guilty of an offence and liable to a fine not exceeding P10.

 

12.   Details of death or injury of animals to be kept

   In case of the death or injury of any impounded animal, the poundmaster shall enter in his pound-book a description of such animal and the cause of its death or injury; and the absence of any such entry, or its falsity in any material respect, shall be held to be prima facie proof of the fact that the death or injury in question was due to the default of the poundmaster.

 

13.   Duty to destroy certain animals

   (1) It shall be lawful for every poundmaster to destroy, subject to the provisions of this section, any impounded animal suffering from a contagious disease, or likely to prove dangerous to human life, or destructive to other animals impounded.

   (2) No such animal shall be destroyed until a justice of the peace, a police officer, or two disinterested landowners have examined it and agree with the poundmaster as to the necessity for its destruction.

   (3) The poundmaster shall summon the owner of such animal, if known, to attend the examination and the summons for the examination may be by letter duly sent through the post.

   (4) If the owner of the animal objects forthwith to its destruction, the poundmaster may release it, in which case the poundmaster may at the same time release all other animals belonging to the owner which may have been impounded on the same occasion as the animal proposed to be destroyed.

   (5) If any branded animal is destroyed under this section without the knowledge of the owner, the poundmaster shall give written notice of such destruction to the proprietor of every AC brand imprinted on such animal.

   (6) If any animal subject to a charge under the Agricultural Charges Act or to hypothecation under the Hypothecation Act, is destroyed under this section with the knowledge of the owner, such owner shall forthwith give written notice of such destruction to the National Development Bank or authorized creditor concerned, as the case may be.

   (7) Every justice of the peace not in receipt of a salary from the general revenue of th

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Please click here to login