BWA- LB - VETERINARY INSPECTION
ANIMAL HEALTH
Botswana / Animal health
SURVEILLANCE AND MONITORING
VETERINARY INSPECTION
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3 answers
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Regulation 2 (extract):
"Government veterinary officer" means an officer for the time being holding the appointment of Government veterinary officer;
Regulation 15:
Any official shall have the power at any time to inspect any stock wherever such stock may be kept, driven or depastured, or may enter upon any place whatsoever for the purpose of ascertaining whether any stock is suffering from a disease, or for the purpose of `ascertaining whether the regulations in respect to the cleaning and disinfection of the said place have been properly carried out, and may take with him such assistants and such
animals, vehicles, instruments, appliances, drugs, or other things whatsoever as will enable him more effectively to perform such duty.`
Section 4 (extract):
The Council shall-
(c) exercise effective control over the professional conduct of persons practising as veterinary surgeons or
para-professionals;
(e) encourage and promote efficiency in, and responsibility with regard to, the practice of veterinary medicine and that of para-professionals;
Section 2 (extract):
"departmental officer" means any veterinary officer, livestock officer, stock inspector or veterinary assistant employed by the Government;
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Regulation 7:
All stock, except dogs and other carnivora or monkeys coming from countries in which rabies does not exist, imported on or after the commencement of these Regulations, may be detained at the border until they have been examined by an official appointed for the
purpose, and shall only be allowed to proceed when such official is satisfied that they are free from disease.
Regulation 36 (extract):
(1) When any person is found removing or causing to be removed, or to have removed or to have caused to be removed, any stock from any infected area or place of isolation to a place outside such infected area or place of isolation or from a place outside an infected area or place of isolation to a place within such infected area or place of isolation, or from one place to another within an infected area or place of isolation without the permit for removal prescribed by any regulation for the time being in force; or when any person fails or refuses to produce the permit to remove such stock required by any regulation for the time being in force, or if such stock be found straying, the loss of which has not been previously reported to the police or the ownership of which has not been declared within 48 hours, then
any official may seize and detain any such stock and take the same to a place of isolation, and shall thereupon report through the District Officer of the district all the circumstances to the Minister, who may order any stock seized and detained as aforesaid to be slaughtered or otherwise dealt with in a manner prescribed by him.
Regulation 91 (extract):
(e) any official shall have power to detain and isolate any sheep which he suspects on reasonable grounds to be infected with scab;
…
(j) it shall be the duty of every owner or person in charge of sheep upon the visit of a scab inspector or official, to co-operate with such inspector or official in the examination, testing or treatment of all sheep of which he is the owner or is in charge, and to that end the following provisions shall apply, namely, if any owner or person in charge of sheep on demand being made by a scab inspector or other official after service of the order referred to in paragraph (i)-
(i) refuses or fails forthwith to render reasonable assistance in connection with the inspection or dipping of such sheep;
(ii) refuses or fails to collect his flocks at some convenient place on their pasturage or at their kraals;
(iii) conceals any sheep or through negligence fails to produce all or any sheep which may be required by the inspector or official to be inspected and dipped;
or
(iv) fails (without adequate cause or sufficient reason) to provide any necessary dipping materials or utensils required by the inspector or official, such owner or person in charge of sheep shall be guilty of an offence and liable to the penalties provided in regulation 73;
...
(l) upon receipt of a notice from a scab inspector or official of his intention to visit any tribal territory, mission station, location, kraal or farm, occupied by tribesmen, for the purpose of examination or dipping of sheep, it shall be the duty of the chief or headman, or other person in charge of such territory, mission station, location, kraal or farm to warn all owners or persons in charge of sheep within such territory, mission station, location, kraal or farm of the date on which such examination or dipping is to take place, and of the place where such sheep are to be assembled, and it shall be the duty of all such owners or persons in charge to bring such sheep to the place appointed by the inspector or official in order that such sheep may be examined or dipped, and any owner or person in charge of sheep failing to attend
with his sheep at the time and place appointed shall be guilty of an offence and liable to the penalties provided in regulation 73.
Section 9:
(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.
(2) Any person who fails to comply with any reasonable instruction given under subsection (1) shall be guilty of an offence.
Section 11:
(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.
(2) Any person who obstructs a departmental officer in the exercise of his powers under subsection (1) shall be guilty of an offence.
Section 15:
Whenever-
(a) any stock or carcass is found infected or is suspected of being infected with any disease; or
(b) any stock, carcass, article or vehicle has been introduced into any place in Botswana without such permit as may be required for such introduction, or having been introduced under a permit is moved or dealt with otherwise than in accordance with such permit, the Director or any departmental officer authorized by him may make such order as he thinks fit for all or any of the following purposes-
(i) directing that such stock, carcass, article or vehicle be seized and detained;
(ii) directing that such stock, carcass, article or vehicle be slaughtered or destroyed;
(iii) directing that such stock, carcass, article or vehicle be dealt with in such manner as is deemed necessary to prevent the spread of disease.
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Section 6:
(1) In addition to the principles set out in the National Vision, in the Public Service Charter and any other code of conduct for public officers, every public officer shall-
(a) provide effective and efficient service to the public and to Government and endeavour to give their best to meet performance standards and other organisational requirements;
(b) utilise Government resources at their disposal in an efficient, responsible and accountable manner; and
(c) continuously improve their performance in delivering services.
Section 104 [extract]:
(1) Any person who, being employed in the public service, does or directs to be done, in
abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of an offence.
(2) If the act is done or directed to be done for purposes of gain he is liable to imprisonment for a term not exceeding three years.
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Section 14:
(1) No action shall lie against the Government, the Director, any departmental officer or any person authorized by the Director for any act done in good faith under this Act, or for any act done in good faith in connection with the diagnosis, control, prevention or treatment of disease (including the preparation of biological products).
(2) No compensation shall be payable in respect of any animal slaughtered for the purpose of the control of disease except-
(a) in the case of an animal which, when slaughtered, is found not to be infected or likely to spread infection of any disease; and
(b) when animals which may be infected with disease are slaughtered in order to prevent the further spread of such disease.