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Branding Of Cattle - Zonal Branding (Ss 3-10)

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3.       Zonal branding areas

 

            The President may from time to time by order published in the Gazette prescribe areas in Botswana to be zonal branding areas and shall in respect of each zonal branding area prescribe a letter of the alphabet to be the zonal symbol for that area:

            Provided that-

      (i)     the aggregate of the several zonal branding areas shall at all times be the whole of Botswana; and

      (ii)     no such order shall be brought into operation until the expiration of six months after the publication of the order in the Gazette.

 

4.       All cattle to be branded with zonal symbol

 

            (1) Every owner of cattle shall cause the same to be and remain legibly branded with the zonal symbol for the zonal branding area in which they are kept:

            Provided that nothing in this subsection shall apply in respect of cattle which have been removed from one zonal branding area into another, until the expiration of the lesser of the periods referred to in section 5(2).

            (2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

 

5.       Branding of cattle removed into another zonal branding area

 

            (1) In this section, "authorized officer" means an officer of the Veterinary Department authorized by the President by order published in the Gazette to issue directions under this section and any such authorization may be of named persons or may be ex officio.

            (2) Where cattle have been removed from one zonal branding area into another zonal branding area, the owner thereof shall, within one month of the arrival of the cattle within the zonal branding area to which they have been removed, or within such lesser period thereof as an authorized officer may direct in writing, cause the same to be legibly branded with the zonal symbol for the zonal branding area to which they have been removed.

            (3) In calculating the period which cattle have spent in any zonal branding area for the purposes of subsection (2), no regard shall be had to time spent in a quarantine camp under the control of the Veterinary Department.

            (4) Any person who contravenes the provisions of subsection (2) shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

 

6.       Manner of branding zonal symbol

 

            (1) Every zonal symbol shall be branded on cattle as follows-

     (a)     the first symbol shall be imprinted on the left side of the neck and shall be as near the angle of the jaw as possible;

     (b)     subsequent symbols shall be placed along a line drawn from the angle of the jaw to the point of the shoulder;

     (c)     each symbol shall be placed as close as possible to the symbol immediately preceding it; and

     (d)     when there is insufficient space for further symbols on the left side of the neck, symbols shall be placed, mutatis mutandis, on the right side of the neck.

            (2) Any person who brands cattle with a zonal symbol and who wilfully fails to comply with the provisions of this section shall be guilty of an offence and liable to a fine not exceeding P50, or, in default of payment thereof, to imprisonment for a term not exceeding one month.

 

7.       Penalty for applying incorrect zonal symbol

 

            Any person who in any zonal branding area brands cattle with the zonal symbol for any other zonal branding area, shall be guilty of an offence and liable to a fine not exceeding P600 or to imprisonment for a term not exceeding two years, or to both.

 

8.       Penalty for defacing or altering zonal symbol

 

            Any person who, without lawful cause or excuse, blotches, defaces or otherwise renders illegible or in any way alters any zonal symbol branded on cattle, shall be guilty of an offence and liable to a fine not exceeding P1200 or to imprisonment for a term not exceeding four years, or to both.

 

9.       Penalty for unauthorized application of zonal symbol to another person's cattle

 

            Any person who, without lawful cause or excuse, brands any cattle of which he is not the owner with a zonal symbol without the authority of the owner of such cattle shall be guilty of an offence and liable to a fine not exceeding P600, or to imprisonment for a term not exceeding two years, or to both.

 

10.     Presumption as to removal of cattle branded with zonal symbol

 

            Whenever in any proceedings against any person it is alleged that any cattle were removed from any place (hereinafter referred to as the "former place") to a place (hereinafter referred to as the "latter place") situate in a different zonal branding area to the former place, if it is proved that the cattle were at the latter place and were branded with the zonal symbol for the zonal branding area in which the former place is situate (whether or not the cattle were branded with any other zonal symbol), it shall be presumed that the cattle were removed from the former place to the latter place, unless the contrary is proved.