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

            (1) In this section "livestock produce" means bones, ostrich feathers, horns, riems, biltong, hair, hippo strips, animal fats, strops, poultry (including domestic fowls, ducks, geese, pigeons and turkeys) and the eggs thereof.

            (2) No person shall, by himself or through any other person, purchase or otherwise acquire for the purpose of trade any livestock produce within Botswana unless he is in the possession of a licence, issued by the District Commissioner of the district in which such person desires to operate, authorizing him to do so:

            Provided that-

      (i)     except with the prior approval of the President, no licence under this subsection shall be issued to any person not domiciled in Botswana;

      (ii)     no licence under this subsection shall be issued to any person authorizing him to purchase or otherwise acquire livestock produce within a tribal area, except from a general trader, without the prior written permission of the Chief of such tribal area, and such permission shall be endorsed by the District Commissioner upon the licence.

            (3) This section shall not apply to-

     (a)     any person who is the holder of a general trading licence in respect of any transaction at his licensed place of business;

     (b)     any butcher who is the holder of a fresh produce licence in respect of any transaction relating to poultry (including domestic fowls, ducks, geese, pigeons and turkeys) and the eggs thereof, or sheep, goats and pigs required for his butchery:

                      Provided that in districts other than the district in which his butchery is situated, he shall first obtain the written permission of the District Commissioner of the district concerned;

     (c)     any farmer who purchases or otherwise acquires livestock produce for the purpose of farming operations bona fide conducted by him within Botswana:

                      Provided that in districts other than the district in which his farm is situated, he shall first obtain the written permission of the District Commissioner of the district concerned;

     (d)     any person subject to a Botswana customary law and is domiciled in Botswana who purchases livestock produce for disposal to any other such person so domiciled;

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

36.     Extension of licence

            Any person having obtained a licence under section 35(2) who wishes to operate in any district other than that in which his licence was issued shall first obtain the permission of the District Commissioner of such other district, and such permission shall be endorsed by the District Commissioner upon the licence.

37.     Endorsement of conditions on licences

            The District Commissioner may cause to be endorsed on licences issued under this Part any conditions which he may consider necessary, and any condition so endorsed shall be deemed to be a condition of the licence.

38.     Licence fees

            There shall be paid for such licence, by a person domiciled in Botswana, the sum of P6 in respect of each calendar year or P3 in respect of a licence taken out after the 30th day of June in any one year, and by a person not domiciled in Botswana, the sum of P6 for three months or any lesser period.

39.     Penalties and onus of proof

            (1) Any person who contravenes any provision of section 35 or who fails to comply with any provision of section 36 or who contravenes or fails to comply with any condition endorsed on his licence under section 37 shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding six months, and if he is the holder of a licence under this Part the court may, in addition to or in lieu of any other penalty, order the cancellation of such licence.

            (2) In any prosecution under this section the onus of proving that any purchase or other acquisition of livestock produce was effected not for the purpose of trade but for private use shall be upon the accused.

SCHEDULE

APPLICATION FOR FREE LICENCE BY A BUTCHER

     I certify that I am the holder of Fresh Produce Licence No. ................ issued in the ........................ District. I hereby apply for a free licence to purchase or acquire the following livestock for slaughter and sale as meat etc., within Botswana:

..........................................................................................................................................

..........................................................................................................................................

 APPLICATION FOR FREE LICENCE BY A HAWKER

     I certify that I am the holder of Hawker's Licence No. ............. issued in the .................... District. I hereby apply for a free licence to purchase or acquire the following livestock for the period permitted by my licence within the area or areas specified below:

APPLICATION FOR A FREE LICENCE BY A FARMER

     I certify that I am farming at .............................. in the .......................................... District. I hereby apply for a free licence to purchase or acquire within the District or Districts set out below the following livestock for the purposes stated:

Cattle

No.

Purpose

District or Districts
in which livestock
to be acquired

Breeding stock ..........

Tollies and Weaners .....

Treks ..........

Stores .........

Feeders .......

Slaughter ..... cattle

APPLICATION FOR A FREE LICENCE BY A GENERAL TRADER

     I certify that I am the holder of General Trading Licence No. ................... issued in the ............................ District. I hereby apply for a free licence to purchase or acquire livestock for the currency of the above licence within the ......... District in which my business premises are situated and in the following District or Districts for the reasons stated below:

..........................................................................................................................................

...........................................................................................................................................

RETURN OF STOCK PURCHASES, SALES, ETC. UNDER SECTION 12

     I hereby notify that during the month of .............................. the following purchases, acquisitions, sales, exchanges or other disposals of stock were effected by me or on my behalf:

Date

Place

Species
No.

Sold to or
exchanged with

Purchased or
acquired from

Permit No

     When transactions with persons subject to any Botswana customary law are recorded the Chief's or District Commissioner's permit number must be recorded.