CHAPTER 36:01
CONTROL OF LIVESTOCK INDUSTRY

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Purchases of Livestock

   3.   Permits for sale or disposal by persons subject to any Botswana customary law

   4.   Purchase or acquisition of livestock

   5.   Sale or disposal of livestock

   6.   Licences and fees

   7.   Fees for permits

   8.   Deposit or security required on issue of livestock buyer's licence

   9.   Free licences

   10.   Licences to be carried and produced

   11.   Touts

   12.   Returns

   13.   All livestock to be branded after purchase or acquisition

   14.   Sale, purchase or other disposal of hypothecated cattle

   15.   Offences

   16.   Onus on accused persons

   17.   Public sales of livestock

PART III
Export of Livestock

   18.   Export by registered exporters and registered producers only on export permit

   19.   Restriction on export of breeding stock

   20.   Application for registration as exporter or producer

   21.   Information to be furnished on demand

   22.   Offences

PART IV
Levy on Cattle Exported

   23.   Levy on cattle exported

   24.   Manner of payment

   25.   Cattle export levy fund

   26.   Offence to export without having paid levy

   27.   Sufficiency of proof of non-payment of levy

   28.   Suspension of levy

PART V
Exports of the Products of the Slaughtering of Livestock and the Licensing, etc., of Export Slaughter Houses

   29.   Export of meat to be from export slaughter house or under permit

   30.   Supplying livestock to an export slaughter house

   31.   Construction of slaughter house capable of use for the export trade

PART VI
General

   32.   Refusal of removal permits or the imposition of conditions

   33.   Power to make regulations

   34.   Penalties

PART VII
Purchase of Livestock Produce

   35.   Licence to purchase or acquire produce for the purpose of trade

   36.   Extension of licence

   37.   Endorsement of conditions on licences

   38.   Licence fees

   39.   Penalties and onus of proof

      Schedule

Proc. 67, 1941,
Proc. 23, 1943,
Proc. 21, 1944,
Cap. 86, 1948,
Proc. 21, 1950,
Proc. 65, 1952,
Proc. 84, 1953,
Cap. 109, 1959,
Proc. 16, 1959,
Law 21, 1961,
L.N. 84, 1966,
Act 43, 1971,
Act 32, 1977.

An Act to make provision for the control of livestock.

[Date of Commencement: 19th December, 1941]

PART I
Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Control of Livestock Industry Act.

2.   Interpretation

   For the purposes of this Act, the expression-

   "Chief" has the meaning assigned to it under the Bogosi Act;

   "export slaughter house" means a slaughter house licensed as an export slaughter house under section 29;

   "livestock" includes cattle, sheep and goats;

   "non-tribal area" means any area which is not a tribal area as defined in this section;

   "slaughter house" means a place where livestock are slaughtered for human consumption;

   "tribal area" means the area known as the Barolong Farms, as described in Schedule B to the Botswana Boundaries Act, and the Bamangwato, Batawana, Bakgatla, Bakwena, Bangwaketse, Bamalete and the Batlokwa Tribal Territories, as defined in the Tribal Territories Act, or any area which may be added thereto by law.

PART II
Purchases of Livestock (ss 3-17)

3.   Permits for sale or disposal by persons subject to any Botswana customary law

   There shall be established in each tribal area a system of Chief's permits in a form approved by the President and in each non-tribal area a system of District Commissioner's permits in a form approved by the President to authorize the sale or disposal of livestock by a person subject to any customary law of Botswana to any person other than a person subject to any customary law of Botswana domiciled in the same area.

4.   Purchase or acquisition of livestock

   No person shall purchase or otherwise acquire for the purpose of trade within Botswana any livestock unless he is the holder of a current licence issued under this Part and no person shall purchase or otherwise acquire from a person subject to customary law any livestock unless that person is in possession of a Chief's or District Commissioner's permit authorizing such transaction:

   Provided that any person who is subject to any customary law in Botswana and is domiciled in Botswana may, without obtaining a licence under this Part, purchase or otherwise acquire livestock within his own tribal area or within his own non-tribal area, as the case may be, for his own use or for disposal within that area to any other such person so domiciled.

5.   Sale or disposal of livestock

   No person subject to any customary law of Botswana shall sell or otherwise dispose of livestock to a person other than a person subject to a customary law of Botswana and domiciled in the same tribal or non-tribal area, as the case may be, unless he is in possession of a Chief's or District Commissioner's permit authorizing such transaction.

   (2) Subject to the provisions of subsection (1), no person shall sell or otherwise dispose of livestock within Botswana to any person other than the holder of a current licence issued under this Part:

   Provided that any person licensed under this Part may barter or exchange livestock with a person subject to any customary law of Botswana who is in possession of a Chief's or District Commissioner's permit.

6.   Licences and fees

   (1) Licences under this Part are as follows-

   (a)   a livestock buyer's licence;

   (b)   a livestock buyer's agent's licence.

   (2) Every licence issued under this Part shall expire on the 31st day of December next following the date of issue, and subject to the provisions of section 9 there shall be payable in respect of each such livestock buyer's licence the sum of P70 for an annual licence, and P52,50 for a licence issued after the 30th day of June in any year, and in respect of each such livestock buyer's agent's licence the sum of P50 for an annual licence, and P32,50 for a licence issued after the 30th day of June in any year.

   (3) Every licence under this Part shall be issued subject to such conditions as the President may impose, and any such conditions shall be endorsed on the licence:

   Provided that any endorsement restricting the area within which the purchase or acquisition of livestock may be effected shall not apply to any place appointed in terms of section 17 for the public sale of livestock.

   (4) No livestock buyer's licence issued under this Part shall be transferable.

   (5) No livestock buyer's licence shall be issued under this Part unless the person applying therefor has produced to the officer authorized to issue the same a certificate under the hand of the Registrar of Brands that the applicant has been registered under the provisions of the Branding of Cattle Act as the proprietor of a brand.

   (6) The person to whom a livestock buyer's licence has been issued shall be entitled to nominate one agent or employee to purchase or otherwise acquire livestock on his behalf, and, if approved, he shall be issued with a livestock buyer's agent's licence on payment of the fee prescribed in subsection (2):

   Provided that where the holder of a general trading licence is issued under this Part with a free livestock buyer's licence, any employee of such general trader may purchase or otherwise acquire livestock under the said free livestock buyer's licence on behalf of such general trader, at the licensed premises only.

   (7) A livestock buyer's licence may be transferred with the approval of the authorized officer and provided the name of the transferee is substituted by the authorized officer for that already endorsed on the licence.

   (8) The issue or renewal of any licence under this Part or the alteration of the endorsement on any such licence may be refused by the President or any officer authorized to issue licences, without any reason being given for such refusal.

7.   Fees for permits

   (1) The President may make regulations prescribing the fees which may be charged on the issue of a Chief's or District Commissioner's permit for each head of livestock covered by such permit.

   (2) Without prejudice to the generality of subsection (1), such regulations may prescribe-

   (a)   different fees for different types of livestock; and

   (b)   different fees for different tribal and non-tribal areas.

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