ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Application
3. Interpretation
4. Establishment of matimela facilities
5. Matimela officers
6. Council to make arrangements for collection of matimela
7. Reporting of matimela
8. Driving or trucking fees
9. Collection of matimela
10. Branding of matimela
11. Notification of presence of matimela
12. Claiming of matimela
13. Sale of matimela
14. Revenue and expenses in connection with matimela
15. Matimela to continue to be matimela
16. Duty to care for matimela
17. Recording of details of injury or death of matimela
18. Destruction of matimela
19. Disposal of carcasses and hides
20. Matimela facility book
21. Matimela facility book to be open for inspection
22. Legal proceedings
23. Variation of prescribed periods of time
24. Protection from liability
25. Penalties
26. Regulations
27. Repeal of Cap. 36:06
28. Transitional and savings
Act 25, 1968,
S.I. 79, 1969,
Act 48, 1971,
Act 2, 1975,
Act 21, 1975,
Act 5, 1977,
Act 38, 1977,
Act 20, 2004,
Act 23, 2018,
S.I. 117, 2018,
S.I. 31, 2019.
An Act to re-enact, with amendments, the Matimela Act to provide for the collection, reporting and sale of matimela within districts and elsewhere in Botswana; and to provide for matters incidental thereto.
[Date of Commencement: 1st April, 2019]
This Act may be cited as the Matimela Act.
This Act shall not apply within the area of a city or township.
In this Act, unless the context otherwise requires—
"AC brand" has the same meaning assigned to it in the Branding of Cattle Act (Cap. 36:02);
"animals" means horses, donkeys, mules, cattle, sheep, goats and pigs;
"brand" means any letter, character, sign or symbol or any combination thereof used or intended to be used for the marking of cattle or a council serial number, but does not include a distinctive mark, or an AC brand;
"council", in relation to any tribal area, means the District Council within the area in which the tribal area is situated;
"distinctive mark" has the same meaning assigned to it in the Branding of Cattle Act;
"Kgosi" has the same meaning assigned to it under the Bogosi Act (Cap. 41:01);
"matimela" means any stray animal and any animal which, having been a stray animal, continues to be matimela by virtue of section 15;
"matimela facility" means a facility established under section 4;
"matimela facility book" means the records kept by a matimela officer in accordance with section 20;
"matimela officer", in relation to any matimela facility, means a person appointed under section 5 as a matimela officer of that facility;
"repealed Act" means the Matimela Act (Cap. 36:06) repealed under section 27 of this Act; and
"tribal area" has the meaning assigned to it under the Tribal Land Act (Cap. 32:02).
4. Establishment of matimela facilities
A council may, by resolution, acquire or establish any kraal, enclosure or ranch as a matimela facility for the purposes of this Act.
(1) Subject to the provisions of the Public Service Act (Cap. 26:01), a council may appoint such number of matimela officers as may be necessary for the purposes of this Act.
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