BWA- WA - INSTITUTIONAL SET-UP
ANIMAL PRODUCTION
Botswana / Animal production
INSTITUTIONAL FRAMEWORK RELEVANT TO ANIMAL PRODUCTION
INSTITUTIONAL SET-UP
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Section 10:
It shall be the duty of a Council to perform the functions it is required to perform and otherwise exercise its powers so as to secure and promote the health, safety, well-being, good order, security and good governance of the area for which it has been established.
Section 11:
(1) The Minister may, in the Order establishing a Council or a Subordinate Authority, and subject to the limitations and conditions as the Minister may consider appropriate, provide that the Council or the Subordinate Authority shall either be required to perform or may perform any of the functions set out in Schedule 1.
Section 44:
(1) A Council may after consultation with the community, make bye-laws for the area in respect of which it has been established, or any part of that area, in respect of-
(a) all matters as it considers necessary or desirable for the maintenance of the health, environment, safety and well-being of the inhabitants of that area or that part;
(b) all or any of the functions set out in Schedule 1, and prescribing service and user fees set out in Schedules 3 and 4; and
(c) prescribing, controlling and regulating levy on private land.
(2) The bye-laws under subsection (1) may prescribe what licences or permits may be required by the Council, and may prescribe the fees to be paid, and may also prescribe the fees to be paid for any services to be rendered by the Council.
SCHEDULE 1 FUNCTIONS OF COUNCILS
(sections 11(1) and 44(1)(b)) (extract):
15. To establish, maintain and operate abattoirs and to fix by bye-law reasonable fees, charges and tariffs in connection therewith, which may in-clude charges for the inspection of carcasses.
Section 51:
There shall be established a law enforcement office in every Council to enforce bye-laws made by the Council and any other laws delegated to be enforced by Council.
Section 52:
(1) A law enforcement office shall consist of the number of law enforcement officers as the Council may determine and appoint.
(2) A Council shall furnish every person appointed as a law enforcement officer with an identity card stating that, that person is duly appointed by the Council for the purposes of enforcing bye laws and other delegated functions and the identity card shall he prima facie evidence of that appointment.
Section 53 (extract):
(1) A law enforcement officer may, without a warrant, arrest a person where he or she reasonably suspects that, that person has contravened or is contravening a bye-law.
(2) A law enforcement officer may use force as is reasonably necessary in the circumstances in effecting an arrest under this section; and for the purpose of effecting an arrest, enter and search any premises or place where he or she has reason to believe that there is in the premises or
place a person who is to be arrested.
Section 2 (extract):
"Director" means the Director of the Department of Animal Health and Production
Section 5:
The Director shall be responsible for-
(a) the registration of plants;
(b) the control and inspection of the slaughter and processing of livestock;
(c) ensuring that any person operating a plant observes the appropriate hygiene requirements in the plant; and
(d) ensuring that any person transporting meat observes appropriate hygiene requirements.
Section 6:
(1) The Director may, in writing, designate official veterinary surgeons, meat inspectors and departmental officers to carry out any function that may arise under this Act.
(2) The Director may require any person working in a plant to undergo a medical examination and furnish a valid medical certificate.
Regulation 3:
The Director may, subject to the laws governing the public service, assign-
(a) a public officer to be a stock traceability manager; and
(b) two or more public officers to be assistant stock traceability managers who shall, subject to the directions of the stock traceability manager, have the power to do any act or thing which may be lawfully done under these Regulations by the stock traceability manager.
Regulation 4:
A stock traceability manager shall-
(a) implement a stock traceability system which shall be used to trace all stock;
(b) keep and maintain an updated centralised stock information technology data management system;
(c) be the first point of call on any issue regarding traceability of stock; and
(d) carry on any other issues relating to traceability of stock.
Regulation 5 (extract):
(1) The Director shall keep and maintain an up-to-date computerised database for registration of all cattle which shall record the following information-
(a) the colour of the animal, which shall be written in Setswana;
(b) the age of the animal;
(c) the gender of the animal;
(d) an owner identification number;
(e) the animal identification device and analogue tag number of the animal;
(f) the brand of the animal, and the position of the brand;
(g) the animal holding;
(h) the OIE disease status of the animal;
(i) the zone where the animal is kept; and
(j) the date of registration or tagging of the animal.
(3) The Director shall keep and maintain, or cause to be kept and maintained, a register in which shall be recorded-
(a) in relation to a bolus or animal identification device-
(i) multiple bolus or animal identification device insertions,
(ii) a regurgitated bolus or animal identification device, and
(iii) a lost bolus or animal identification device which has been reported as lost by the owner or custodian of the animal.
(b) in relation to an animal, whether imported or not-
(i) the name, address and national identity number of an owner,
(ii) the change of ownership of an animal,
(iii) the individual animal identification number reflected on bolus or animal identification device,
(iv) the age, sex, colour and breed of an animal,
(v) the brand of an animal, where applicable,
(vi) the number of the stock movement permits issued in terms of these Regulations,
(vii) the vaccination and other medical treatment of an animal,
(viii) the animal mortality,
(ix) the movement of an animal from one place to another,
(x) the slaughter record of an animal,
(xi) the animal holding, and
(xii) such other information as the Director may from time to time find necessary to record; and
(c) in relation to a stock movement permit-
(i) the name, address, national identity card number and owner registration number of the owner,
(ii) the origin holding and destination holding,
(iii) the territory, disease control zone, district, extension area, crush and holding,
(iv) the individual animal identification number reflected on an animal identification device of an animal that has been moved,
(v) the number of the stock movement permits issued in terms of these Regulations,
(vi) the registered brand of an animal that has been moved,
(vii) the validity of the stock movement permits issued in terms of these Regulations, and
(viii) such other information as the Director may from time to time find necessary to record.
Regulation 6:
(1) The Director shall-
(a) register an owner of an animal in a register to be kept and maintained by the
Director in which shall be recorded-
(i) his personal details, and
(ii) the number of animals he owns.
(b) give the owner of the animal an owner identification number relating to the animal he owns; and
(c) upon payment of a fee of P10, issue the owner with a Stock Keeper Identification card.
(2) An owner of an animal shall keep the following information on an on-farm record for the animal-
(a) the date of birth of such animal;
(b) the date of death of such animal;
(c) the date of arrival of such animal in the farm or holding;
(d) the date of transfer or departure of such animal from the farm or holding;
(e) any medical treatment of such animal, such as vaccinations, de-worming and dipping; and
(f) any withdrawal periods associated with the medical treatment of such animal.
(3) An owner of an animal shall, within seven days of any changes in information under subregulation (2), update the database accordingly.
Regulation 7:
(1) The Director shall-
(a) register a holding in accordance with the provisions of regulation 5(1);
(b) carry out annual inspections of holdings which shall cover at least three percent of the registered holdings where selection of those holdings shall be risk based;
(c) verify during inspections, compliance with the following minimum standards-
(i) that there is notifications of events such as tagging, treatments, movements,
ownership or transfer of animals,
(ii) that there is correct application of ear tags, and
(iii) that there is no tampering with ear tags.
(d) increase frequency of inspections of holdings where there is significant non compliance, and the frequency of the inspections shall be determined by the level of non
compliance; and
(e) carry out on-spot or unannounced inspections of holdings.
(2) The Director shall, after registering a holding, issue the owner of a holding with a holding registration certificate set out in Form A in the Schedule.
(3) The Director may, where an owner of a holding which has been registered fails to maintain the minimum standards referred to in subregulation (1)(c)-
(a) terminate the registration of the holding; or
(b) temporarily stop the movement of an animal from leaving or entering the holding until the owner of the holding complies with the minimum standards referred to in subregulation (1)(c).
Regulation 14:
An owner or custodian an animal shall not submit any animal to an export slaughter house or abattoir for slaughter, unless he has obtained a cattle removal permit from the Director in accordance with the Act.
Regulation 17:
(a) shall visit and inspect all portions of an approved export slaughter house or abattoir
to ensure that-
(i) the export slaughter house or abattoir conforms to the best practice or standard
of hygiene, and
(ii) there is compliance with these Regulations and any other law; and
(b) may require to be furnished with copies of the animal identification and trace-back records, within such time as he may specify.
Regulation 18:
The Director shall require a business operator to-
(a) have in place systems and procedures to identify other businesses to which their animal products have been supplied;
(b) have in place a system that will trace back and trace forward every stage of production from reception to dispatch;
(c) ensure compliance with the Livestock and Meat Industries Act (Cap. 36:03); and
(d) meet, in respect of the export of meat or meat products, any requirements imposed by the importing country.
Section 48 (extract):
(1) The preparation of premix shall only be done at a feed mill authorised in the prescribed manner by the Authority acting in consultation with the Department of Veterinary Services, to manufacture medicated feed.
[...]
Section 49 (extract):
(1) No person shall operate a feed mill except in accordance with a licence issued by the Department
of Veterinary Services.
Section 3:
There is hereby established an advisory body to be known as the Animal Production Advisory Board, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued and, subject to the provisions of this Act, of performing such acts as bodies corporate may, by law, perform.
Section 4:
(1) The Board consists of the following members appointed by the Minister, in writing-
(a) an animal scientist and a veterinary surgeon, both from the Department of Animal Production;
(b) two animal scientists, one appointed from the Department of Agricultural Research and the other from the Botswana College of Agriculture respectively;
(c) six other persons appointed by the Minister from among persons whose names have been submitted to the Registrar by each of the following bodies—
(i) the Botswana Meat Commission,
(ii) the Botswana Agricultural Union,
(iii) the Botswana Veterinary Association,
(vi) the Stud Book Association,
(v) the Botswana Society of Animal Production,
(vi) the Dairy Association,
(vii) a representative from the Ministry responsible for the environment; or
(viii) such other body which deals with the livestock industry, as the Minister may determine.
(2) The Minister shall publish appointments to the Board by notice in the Gazette.
Section 5:
The Board shall advise the Minister on matters concerning-
(a) the development and improvement of the livestock industry;
(b) the development of farmed game;
(c) the provision of services in accordance with the needs of the livestock industry;
(d) the desirability of the establishment of a scheme for the evaluation and verification of the performance of animals with the object of improving the genetic production potential of those animals;
(e) the priorities in respect of research, and the co-ordinated utilisation of research facilities, in connection with the livestock industry;
(f) information services required for the livestock industry; and
(g) livestock genetic conservation matters.
Section 15:
(1) The Minister shall appoint an officer from the Department of Animal Production who is an animal scientist, as Registrar for the purposes of this Act.
(2) The Registrar shall exercise his or her powers and perform his or her duties subject to such instructions as may be issued by the Board.
(3) The Registrar may exercise any power or perform any duty imposed upon him or her personally or by an officer delegated by him or her.
(4) A decision made or order given by an officer delegated by the Registrar shall, until it has been so withdrawn or amended, be considered to have been made or given by the Registrar.
(5) The Registrar shall serve as Secretary to the Board and shall be responsible for—
(a) maintaining a record of the Board’s discussions and decisions; and
(b) the day-to-day administration of the Board.
(6) The Board shall periodically inspect the records of the Secretary to ensure that they are properly kept.
Regulation 4:
For the purposes of these Regulations, the Minister shall be the competent authority.
Regulation 5:
Notwithstanding regulation 4, the Minister may appoint the Registrar, subject to any limitation or conditions as he or she decides, as a competent authority to grant approvals in relation to any or all the matters referred to in these Regulations.
Regulation 6 (extract):
(1) Subject to these Regulations, the Minister or Registrar may grant an approval to a person for the carrying out of duties in subregulation (2), provided the Minister or Registrar is satisfied that the requirements of these Regulations shall be complied with.
(2) An approval under subregulation (1) may be issued for—
(a) a livestock breeders’ society in terms of section 21(1) of the Act and regulation 7;
(b) a laboratory to carry out the blood typing, analytical or diagnostic tests in terms of regulation 8;
(c) the performance testing or genetic evaluation of breeding animals in terms of regulation 9;
(d) a centre animal scientist in terms of regulation 10;
(e) a semen, ovum or embryo collection centre in terms of regulation 11;
(f) an ovum or embryo collection, production centre or team in terms of regulation 13;
(g) breeding animals used as donor animals, semen, ova and embryos for breeding purposes in terms of regulation 14; or
(h) a scientific and educational research programme involving trade in semen, ova or embryos in terms of regulation 15.
Regulation 2 (extract):
"controlling authority" means the Director of Animal Health and Production;
Regulation 5 (extract):
(1) No person shall use any premises as an abattoir, cutting premises, a cold store, a farmed game handling facility or a farmed game meat plant unless those premises are licensed.
(2) A person who wishes to use any premises as an abattoir, cutting premises, a cold store, a farmed game handling facility or a farmed game meat plant shall, in writing, apply to the Director for a licence to do so.
Regulation 6 (extract):
(1) The Director may revoke a licence or approval granted by him or her in respect of any premises and, where appropriate, require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into, the operation or structure of the
premises and a report by a veterinary officer or OVS, he or she is satisfied that-[...]
Regulation 9:
(1) The Director may designate veterinary surgeons as OVSs and shall, in relation to any premises, appoint one or more OVSs or meat inspectors, as authorised officers in relation to the examination and seizure of meat, and the certification of fresh meat as healthy for human consumption.
(2) Any OVS or meat inspector appointed as an authorised officer under subregulation (1) shall be responsible for the following functions in relation to the premises referred to in that subregulation-
(a) the ante-mortem health inspection of animals in accordance with the Ninth Schedule;
(b) the postmortem health inspection of slaughtered animals in accordance with the Eleventh Schedule;
(c) where appropriate, the examination of the fresh meat of swine and equines for trichinellosis in accordance with paragraph 12 of Part IX of the Eleventh Schedule;
(d) the health marking of fresh meat in accordance with the Thirteenth Schedule; and
(e) ensuring the observance of the requirements of all the other Schedules in these Regulations.
(3) A meat inspector shall act under the supervision and responsibility of an OVS who is appointed to supervise and control the premises.
Regulation 11
(1) Where it appears to a VO, an OVS, or, in the absence of a VO or an OVS, a meat inspector, that in respect of any premises-
(a) any of the requirements of these Regulations as to hygiene is being breached; or
(b) adequate health inspection in accordance with these Regulations is being compromised, he or she may, by notice in writing given to the occupier of the premises-
(i) prohibit the use of any equipment or any part of the premises specified in the notice, or
(ii) require the rate of operation to be reduced to such an extent as is specified in the notice, and the occupier shall comply with the notice.
(2) A notice given under subregulation (1) shall be given as soon as practicable and shall state why it is given.
(3) If the notice given under subregulation (1) is given under paragraph (a) of that subregulation, it shall specify the breach and the action needed to remedy it.
(4) The notice given under subregulation (1) shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as a VO, an OVS or a meat inspector is satisfied that such action has been taken.
(5) While the notice given under subregulation (1) is in effect, the licence in respect of the premises concerned shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those
requirements.
(6) A VO, an OVS or a meat inspector may subject any animal or any carcass or meat in any premises to such examinations (including the taking and analysis of samples) as he or she may reasonably consider to be necessary for the protection of the animal or public health.
(7) The occupier shall, if requested to do so, detain the animal, carcass or meat until such time as he or she is informed, in writing, by the VO, OVS or meat inspector, as the case may be, that the result of the examination has been obtained.
Para 8 (extract):
[...]
8.3. Responsibilites of the Department of Animal Health and Prodution:
a) To monitor and advise on animal health aspects in game ranches.
b) The provision of veterinary services on game ranches.
c) Collaborate with DWNP in the provision and operation of wildlife quarantine facilities, including the provision of vertinary services.
d) The issuance of veterinary permits for the movement, import and export of all wildlife species,
e)The approval and registration of wildlife veterinarians employes by the Department of Wildlife and National Parks, game ranchers and game capture companies/orgnaisations.
Section 2 (extract):
"land board" means a land board established by Section3 of the Tribal Land Act
"subordinate land board" means a subordinate land board established under the provisions of Section19 of the Tribal Land Act
Section 3 (extract):
(1) There is hereby established a Board to be known as the Agricultural Resources Board.
Section 4 (extract):
(2) The Board shall co-opt the Chief Game Warden to participate as a member in meetings at which questions affecting game or wild life or affecting any area of land declared to be a game reserve or sanctuary under the Wildlife Conservation and National Parks Act are discussed or considered; and in relation to such questions the Chief Game Warden shall when so co-opted be entitled to vote as if he were a member.
(3) The Minister shall appoint a public officer as Secretary of the Board.
Section 9:
The functions of the Board shall be-
(a) to exercise supervision as provided in this Act over the agricultural resources of Botswana;
(b) to advise the Minister regarding-
(i) matters relating to the general supervision of all agricultural resources;
(ii) the nature of legislation necessary to secure or promote the proper conservation, use and improvement of agricultural resources;
(iii) the means of stimulating public interest in the proper conservation, use and improvement of agricultural resources;
(c) to carry out of its own motion or at the direction of the Minister investigations of or enquiries into any matter related to the conservation, use or improvement of agricultural resources;
(d) to issue conservation orders and stock control orders, and to make conservation regulations in accordance with the provisions of this Act;
(e) to give directions to any owner or occupier of land to ensure that an order or regulation issued or made under the provisions of this Act is complied with;
(f) to construct on any land such works as it deems necessary for conservation purposes;
(g) to give to any conservation committee or subordinate conservation committee directions concerning the policy to be followed by it in the exercise of its functions
under this Act; and
(h) after consultation with any land board established by the Tribal Land Act, and with the district council within whose area the tribal area in respect of which such land board is established is situated, to give to such land board directions concerning the proper use of any land within such tribal area, Provided that the Board shall have no powers over any land constituted as a national park in terms of the Wildlife Conservation and National Parks Act.
Section 11:
The President may give the Board directions regarding the policy to be followed in the exercise of its functions under this Act.
Section 21 (extract):
(1) The functions of a conservation committee shall be-
(a) to keep under continual review the conservation of agricultural resources within its area of jurisdiction and make recommendations thereon to the Board;
(b) to attempt to persuade any owner or occupier of land in its area of jurisdiction to adopt such methods of farming or land use as it may deem necessary for the purpose of
conserving soil fertility and protecting agricultural resources;
(c) to assist in giving notice to all owners or occupiers of land who are affected by a conservation order, stock control order or conservation regulation;
(d) to recommend to land boards restrictions to be attached to customary grants of land rights and restrictive conditions to be attached to grants of land rights under the
common law when it considers such restrictions or restrictive conditions to be in the interest of good husbandry;
(e) generally to assist in measures for the preservation, wise use and improvement of agricultural resources within its area of jurisdiction;
(f) to stimulate public interest in the conservation of agricultural resources; and
(g) to consider, investigate and report upon any matter referred to it by the Minister or by the Board.
(2) The function of a subordinate conservation committee shall be to perform any functions
Section 22:
A conservation committee and a subordinate conservation committee shall have all powers necessary or convenient for the performance of its functions and duties.
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Regulation 5 (extract):
(8) The Director shall notify the applicant in the form set out in the Nineteenth Schedule, of his or her decision on the application.
(9) If the Director refuses to issue a licence or approve registration, he or she shall notify the applicant, in writing, of his or her reasons for the refusal.
[...]
(14) Where the Director-
(a) has refused to grant a licence; or
(b) has granted a licence subject to a condition,
his or her notification under subregulation (8) shall state the right of appeal under regulation 7 and the time allowed for appealing.
Regulation 6 (extract):
(4) Where the Director revokes a licence, he or she shall give the occupier of the premises notice in writing-
(a) of his or her decision to revoke the licence;
(b) of the date on which the revocation is to take effect;
(c) of the reasons for revocation;
(d) of the occupant’s right to appeal under regulation 7; and
(e) of the time allowed for appealing.
Section 12 :
(1) The Board shall submit to the Minister a full report on its activities during each calendar year within three months after the end of such year.
(2) The report for any year shall include-
(a) a list of all conservation orders issued;
(b) a list of all conservation regulations made;
(c) a list of all stock control orders issued;
(d) a list of all works constructed on the instructions of the Board;
(e) a report on all court action involving the enforcement of the Act;
(f) a report on all appeals brought before the Minister;
(g) a full report on any enquiries or investigations conducted by the Board;
(h) a complete financial statement of all public moneys spent by the Board;
(i) a report of all cost apportionment proceedings;
(j) any other matters considered relevant by the Board;
(k) any other information requested by the Minister; (l) a report of directions given to the land boards under section 9(h).
(3) The Minister shall lay a copy of every such report before the National Assembly within 30 days of his receiving it.
Section 14:
When the Board is about to carry out, or is carrying out, an investigation or enquiry into any matter it may cause notice thereof to be published in the Gazette and a newspaper circulating in any area to which the investigation or enquiry relates and shall, where practicable, cause any person whose material or pecuniary interests may or will, in the Board's opinion, be involved in, or affected as a result of such investigation or enquiry, to be notified thereof in writing and to be given a reasonable opportunity to make representations to the Board concerning the subject matter of such investigations or enquiry.
Section 16 (extract):
(4) As soon as any conservation regulation has been published in the Gazette, the Board
shall use its best endeavours to ensure that public announcements drawing attention to such
regulation are made at public meetings at such places as it may deem appropriate and that
notices drawing attention to such regulation are prominently placed on such public notice
boards as it may select within the area designated by such regulation.
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Section 36:
Any act done without reasonable excuse by an employee which contravenes any enactment relating to the public service or which is otherwise prejudicial to the efficient conduct of the public service or tends to bring the public service into disrepute constitutes misconduct; and the setting forth in section 37 of particular types of misconduct
shall not be taken to affect the generality of this section.
Section 10 (extract):
(1) Subject to the provisions of this section, the Ombudsman may investigate any action taken by or on behalf of a —
(a) department of Government, in the exercise of administrative functions of that department –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained injustice or unfair treatment in consequence of maladministration in connection with the action so taken; or
(b) department of Government or private entity –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained violation of his or her human rights in consequence of the action so taken.
(2) The Ombudsman may take appropriate action to call for the remedying, correction and reversal of instances specified in subsection (1) through fair, proper and effective means, including —
(a) mediation, arbitration, negotiation, conciliation and compromise between the parties concerned; and
(b) causing the complaint and a finding on it, to be reported to the principal officer of any department of Government or a private entity and to a person who is established to have taken or authorised the action in question.