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VOLUME: V
CONTROL OF LIVESTOCK INDUSTRY
CHAPTER: 36:01
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.

 

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

 

            (1) Every applicant for a livestock buyer's licence under this Part shall, except as specially exempted under section 9, upon first obtaining a livestock buyer's licence, either deposit with the President or other authorized officer issuing the same the sum of P200 or find security to the like amount to the satisfaction of the President or other authorized officer, and shall fix a domicilium citandi et executandi within Botswana.

            (2) Such deposit or other security shall remain and be kept up to the full value of P200 as long as the person making or finding the same continues to hold a livestock buyer's licence issued under this Part, and if such deposit or security shall at any time fall short of the said value and the holder of the livestock buyer's licence neglects or refuses to make up the deficiency, it shall be lawful for the President to cancel such licence.

            (3) Any deposit or security made or found under this section may be taken in execution in whole or in part for the purpose of satisfying the judgment of any competent court within Botswana, whereby the person who made such deposit or found such security shall be required to pay-

     (a)     any sum, whether by way of debt, damages, costs or otherwise, to any person resident within Botswana in respect of a transaction involving the purchase or acquisition of livestock in terms of section 4; or

     (b)     any fine, compensation or award in respect of a contravention of any of the provisions of this Act.

            (4) In case of cancellation of a livestock buyer's licence, or in case such a licence is not renewed upon the expiration thereof, the deposit or other security made or found in connection therewith, in so far as the same has not been appropriated under subsection (3), shall, within three months after such cancellation or expiration, be delivered back by the President or other authorized officer upon due application being made therefor.

 

9.       Free licences

 

            (1) Licences under this Part may be issued free of charge to-

     (a)     the holder of a fresh produce licence to purchase or otherwise acquire a specified number of livestock required for slaughter for the purpose of his business during the year;

     (b)     a farmer, on first acquiring and wishing to stock a farm, provided that the licence shall not authorize the purchase or acquisition of livestock which would exceed the maximum carrying capacity of the farm, as assessed by the Director of Veterinary Services;

     (c)     a farmer, for the purchase of 50 head of livestock per annum;

     (d)     the holder of a general trading licence to purchase or otherwise acquire livestock at his licensed store:

            Provided that he may buy livestock at public sales, as defined in section 17, within the district in which his licensed store is situated;

     (e)     such other person or class of persons, for such purposes and under such conditions as the Director of Veterinary Services may decide.

            (2) Applications for free licences shall be submitted on the forms set out in the Schedule.

            (3) Any person to whom a free licence is issued shall be exempted from the provisions of section 8.

 

10.     Licences to be carried and produced

 

            Every person licensed under this Part to purchase or otherwise acquire livestock shall be required to carry his licence with him, and to produce it on request.

 

11.     Touts

 

            (1) Any person who employs a tout and any person acting as a tout shall be guilty of an offence.

            (2) For the purposes of this section a "tout" means any employee, other than an approved agent, who uses his influence to persuade prospective sellers to dispose of their cattle to his employer.

 

12.     Returns

 

            (1) Every holder of a licence under this Part shall within 15 days after the end of each month render to the Director of Veterinary Services a return, in the form set out in the Schedule, showing all purchases, acquisitions, sales, exchange or other disposals of livestock; where no transactions are effected during the month a nil return shall be rendered, and any such holder who neglects or refuses to render such return or who renders a return which is false in any material particular shall be guilty of an offence:

            Provided that the President may if he thinks fit, by order published in the Gazette, suspend or vary the operation of this subsection, and may, in his discretion, exempt certain licence holders from its requirements.

            (2) A certificate under the hand of the Director of Veterinary Services or other officer authorized by him shall in any proceedings under this section be prima facie evidence of the facts stated therein, and it shall not be necessary to bring oral evidence of such facts unless the court before which such proceedings are heard specially directs, in which case a postponement may be allowed to enable the officer whose presence is required to attend.

 

13.     All livestock to be branded after purchase or acquisition

 

            (1) It shall be the duty of every person licensed under this Part within 72 hours after purchasing or otherwise acquiring any livestock and before removal of such livestock from the place of purchase or acquisition, to affix to each animal purchased or otherwise acquired the brand of which he is the registered proprietor,and for the purposes of this section the expression "brand" shall have the meaning assigned to it in section 2 of the Branding of Cattle Act:

            Provided that the President may exempt persons licensed under section 9(1)(e) from the requirements of this section, and from the requirements of section 6(5).

            (2) Any person who fails to comply with any of the requirements of this section shall be guilty of an offence.

 

14.     Sale, purchase or other disposal of hypothecated cattle

 

             (1) No person shall purchase or otherwise acquire any bull, ox, cow, heifer or calf upon which is imprinted any brand of the National Development Bank registered under section 13 of the Branding of Cattle Act or any AC brand as defined in section 2 of that Act, or any unweaned calf of any cow upon which is imprinted any such brand, unless such person-

     (a)     is a buyer in terms of section 7 of the Agricultural Charges Act or section 6 of the Hypothecation Act; or

     (b)     has obtained from the National Development Bank or the proprietor of the AC brand, as the case may require, written authority to make such purchase or acquisition on such conditions as may be specified in such authority.

            (2) A person who sells or otherwise disposes of any bull, ox, cow, heifer or calf upon which none of the brands specified in subsection (1) is imprinted shall at the time of sale or disposal, and if so requested by the purchaser or person to whom such animal is disposed of, give to such purchaser or person a certificate in such form as may be prescribed certifying that such animal is not the subject of a certificate of indebtedness under the Agricultural Charges Act or an hypothec under the Hypothecation Act.

 

15.     Offences

 

            Any person who, whether on his own behalf or on behalf of any other person, directly or indirectly purchases or otherwise acquires or sells or disposes of any livestock within Botswana in contravention of any of the provisions of this Part or in violation of the conditions of his licence shall be guilty of an offence.

 

16.     Onus on accused persons

 

            In any prosecution for an offence under this Part-

     (a)     any livestock proved to have been purchased or otherwise acquired by any person within Botswana shall be deemed to have been purchased or acquired by such person in contravention of the provisions of this Part unless the contrary is proved by such accused person; and where any livestock proved to have been in the possession of an accused person or persons cannot be accounted for by such accused person or persons to the satisfaction of the court, such livestock may be deemed to have been disposed of illegally by such person or persons in contravention of section 5(2);

     (b)     any person required by this Part to have a licence shall be deemed to be without such licence, unless he produces the same on demand to any administrative officer, veterinary officer, stock inspector or police officer or the court or gives other satisfactory proof of possessing the same.

 

17.     Public sales of livestock

 

            (1) It shall be lawful for the President to appoint places in Botswana where public sales of livestock may take place subject to such conditions as he may impose.

            (2) Public sales of livestock may not be held within Botswana without the written approval of the President.