BWA- RA - INSTITUTIONAL SET-UP
ANIMAL HEALTH
Botswana / Animal health
INSTITUTIONAL FRAMEWORK RELEVANT TO ANIMAL HEALTH
INSTITUTIONAL SET-UP
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Section 15 (extract):
(1) The Director of Health Services shall oversee the implementation of this Act.
Section 16:
The Director shall
(a) develop and implement strategies to promote and improve public health;
(b) ensure that this Act is complied with;
(c) advise the Minister on any necessary or appropriate changes to this Act that may be necessary or appropriate;
(d) carry out any other function that the Minister may determine in line with this Act;
(e) be the chief technical advisor on national health issues; and
(f) do anything necessary or convenient to perform any functions under this Act.
Section 17:
The Minister may, in writing, give the Director such directions, not inconsistent with this Act, in respect of any power or function of the Director under this Act.
Section 95 (extract):
(1) The Director, in consultation with the local authority, shall designate an environmental health officer who shall, under the directions of the Director, exercise the powers and perform the functions assigned to him or her under this Act.
(2) The environmental health officer designated under subsection (1) shall be a person who is technically qualified and experienced to exercise control over environmental health matters.
Section 96 (extract):
(1) The environmental health officer in the exercise of powers or the performance of his or her duties or functions under this Act, may
(a) without prior notice, at any time, enter, inspect and examine any building, dwelling or premises or processes and every part of the building, dwelling or premises when he or she has reasonable cause to believe that any person in the building, dwelling or premises or the environment thereof warrants personal or environmental health investigations under this Act;
Section 100
(1) On receipt of a complaint that the emission, into the environment, of objectionable or hazardous material is resulting from the carrying on of a process or other activity, and that such emission is causing or has caused injury or damage to the health of human beings or of livestock or of
vegetation or other property or the environment, the environmental health officer or an authorised officer may conduct, or order an inspector to conduct, an investigation into such complaint.
(2) Where the environmental health officer or an authorised officer has reason to believe or suspect that on any premises or place a process or other activity is being carried on otherwise than in accordance with this Part or any regulation, he or she may investigate, or order an inspector to investigate, the matter.
Section 132:
The Director shall, through port health programme designate a number of environmental health officers and authorised officers as the Director considers appropriate as port health officers for the implementation of the programme, and ensure that appropriate facilities for the programme at the points of entry are available.
Section 133:
(1) Port health officers shall, at points of entry
(a) implement port health programmes and ensure compliance with public health laws;
(b) implement pest and vector control measures;
(c) arrange, where necessary, disinfection and disinfestations activities on vessels;
(d) monitor the quality of chemicals, safety of food and water including imported food and water and their certification documents;
(e) ensure the proper management of waste;
(f) verify the validity of health certificates, if any, of persons arriving at the port;
(g) inspect all vessels for possible infestation with pests or possible carriage of toxic wastes and prohibited substances; and
(h) detain and report any case of a quarantinable disease.
(2) The Director may, in writing, issue specific instructions, to port health officers, related to public health issues at the point of entry.
Section 134 (extract):
(1) The Director or a port health officer may, at any reasonable time, for proper performance of his or her duties and functions, enter any point of entry to make any inspection, or to perform any work, or do anything which is required or authorised by this Act or any other law.
(2) The Director or a port health officer shall, in consultation with the relevant authorities, have a special identity card which shall allow him or her to enter any part of the points of entry in order to ensure that the provisions of this Act are complied with.
10. General duties of Council 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 (extract):
(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 (extract):
(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;
SCHEDULE 1 FUNCTIONS OF COUNCILS (extract):
2. Health and sanitation
To take steps in addition to those taken by any other authority to safe-guard and promote public health and prevent the occurrence of, or to deal with, any outbreak or prevalence of any disease.
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 (extract):
(1) A law enforcement office shall consist of the number of law enforcement officers as the Council may determine and appoint.
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 54 (extract):
(1) Where a law enforcement officer has arrested a person under section 53, he or she may-
(a) search that person and the premises or place in which that person was arrested; and
(b) seize and detain anything which that law enforcement officer has reason to believe to be or to contain evidence of any contravention of a bye-law or any other law.
(2) Subject to subsection (1), anything seized, detained or confiscated by a law enforcement officer shall be kept for as long as the Council considers it necessary in all circumstances for use as evidence at a trial for an offence and shall be disposed of in such a manner as may be
prescribed in the bye-laws.
Section 3 (extract):
(1) There is hereby established a Council to be known as the Veterinary Surgeons Council which shall consist of the following members-
(a) the Chairperson, who shall be appointed by the Minister;
(b) three veterinary surgeons elected by the Association;
(c) one person, not being a veterinary surgeon or biologist, who the Minister considers appropriate;
(d) one veterinary surgeon who is a member of staff of the Botswana College of Agriculture elected by the Botswana College of Agriculture Council;
(e) the Director who shall be an ex-officio member;
(f) one person representing the Attorney-General; and
(g) one veterinary surgeon from the Department of Wildlife appointed by the Minister responsible for wildlife.
Section 4 (extract):
The Council shall-
(a) regulate the practice of veterinary medicine and para-professionals and the registration of persons practising such professions;
(b) determine the minimum standards of training required for degrees, diplomas and certificates entitling the holders thereof to be registered to practise as veterinary surgeons or para- professionals;
(c) exercise effective control over the professional conduct of persons practising as veterinary surgeons or para-professionals;
(d) determine the standards of professional conduct of persons practising as veterinary surgeons or paraprofessionals;
Section3:
There is hereby established an authority to be known as the Medicines Regulatory Authority, which shall be a body corporate 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:
The functions of the Authority shall be to-
(a) ensure that-
(I) all medicines and related substances manufactured in, imported into, or exported from, Botswana are registered and conform to established criteria of quality, safety and efficacy, and
(ii) the personnel, premises and practices employed to manufacture, promote, procure, store, distribute and sell such medicines comply with defined codes of practice and other requirements;
(b) ensure that cosmetics manufactured in, imported into, or exported from Botswana are safe to use;
(c) perform sampling and establish a laboratory or other facilities for-
(i) the testing and analysis of medicines, for the determination of their compliance with standards of quality approved by the Minister on the recommendations of the Board, and for the issue of certificates with regard thereto, and
(ii) the inspection of privately owned medicine quality control laboratories;
(d) grant, renew, suspend or cancel, after due assessment, marketing authorisations for medicines, whether locally manufactured or imported and whether intended for local use or export;
(e) ensure that medicines are imported, manufactured, exported, stored, sold, distributed or otherwise dealt with by duly authorised persons;
(f) inspect or cause to be inspected, and license all domestic manufacturing premises, exporters, importers, wholesalers, distributors, clinics and hospital pharmacies, retail pharmacies, dispensaries and other outlets where medicines are dispensed or stored;
(g) inspect or cause to be inspected, premises where medicated feeds are used, handled or stored;
(h) ensure the monitoring and reporting of adverse reactions to medicines;
(i) ensure that the advertising of medicines is in accordance with this Act;
(j) monitor and review the implementation of this Act;
(k) prepare, modify or amend and publish any guidelines intended to be applied, or to be adopted in connection with the manufacture, testing, sampling, use, or safe disposal of any medicine;
(l) benchmark against foreign manufacturing premises, clinical research organisations, and testing premises seeking marketing authorisation for their products, for good manufacturing practice compliance and good laboratory practice compliance;
(m) encourage and undertake educational work in connection with the quality, safety and efficacy of medicines;
(n) conduct post marketing surveillance and control chemical precursors;
(o) do those things, or enter into those transactions that are expedient or necessary for the proper and efficient discharge of the functions of the Authority; (p) control and monitor import, export, use, storage, and dispensing of controlled substances;
(q) grant approval of the use of medicine for clinical trials or medical research; and
(r) inspect and license privately owned medicine quality control laboratories.
Section 4:
The Director may, by order published in the Gazette-
(a) declare any area to be an infected area as regards any disease named in such order;
(b) extend, diminish or otherwise alter the limits of an infected area;
(c) declare an infected area to be free from disease;
(d) for the purpose of preventing disease, prohibit the movement into or out of any infected area of any animal, carcass, litter, dung or fodder, except under a permit
issued by a veterinary officer.
Section 7 (extract):
(1) The Minister may, by order published in the Gazette, establish quarantine stations.
(2) The Director may direct that any animal imported or to be exported under section 6, or any animal infected or suspected to be infected with any disease, shall be-[...]
Section 8 (extract):
(1) The Minister may, by statutory instrument, make an order declaring such areas as may be specified in such order to be stock-free zones for the purpose of the control of disease.
(2) Without prejudice to the provisions of subsection (1), the Minister may, by order published in the Gazette-
(a) direct that stock should be removed from a stock-free zone;
(b) direct the erection of dipping tanks, spray races, smudge houses and such other structures as he may consider necessary for the purpose of the control of disease;
(c) direct the erection and maintenance of fences on any land for the purpose of the control of disease;
(d) declare specified routes or modes of transport along which cattle are moved from place to place within Botswana to be stock routes; and
(e) prohibit the sinking of boreholes within 8 km of any fence erected under paragraph (c).
Section 9 (extract):
(1) The Director or any departmental officer may instruct the owner of any stock to assemble such stock or any part thereof at any specified place for the purpose of inspection or inoculation or for any other purpose authorized under the provisions of this Act.
Section 11 (extract):
(1) A departmental officer may enter on any land, building, shed, place, carriage, van, truck, vessel or aircraft containing or conveying or used for conveying animals for the purpose of inspecting or examining any stock, carcass, article or vehicle to ascertain whether or not the provisions of this Act are being properly carried out.
1 answer
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Section 4:
The Director may, by order published in the Gazette-
[...]
Section 6 (extract):
(2) The Minister may, by order published in the Gazette, declare any other thing, whether animate or inanimate, by or by means of which it appears to him that any disease might be carried or transmitted, to be an infective agent for the purposes of this section.
Section 7 (extract):
(1) The Minister may, by order published in the Gazette, establish quarantine stations.
Section 8 (extract):
(2) Without prejudice to the provisions of subsection (1), the Minister may, by order published in the Gazette-
[...]
1 answer
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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.