Related documents
- Is commenced by Date of Commencement (Livestock Identification Act) Notice, 2013
- Repeals Great Stock Brands Act, 1937
eSwatini
Livestock Identification Act, 2001
Act 13 of 2001
- Published in Government Gazette 776 on 23 November 2001
- Assented to on 13 November 2001
- Commenced on 1 January 2014 by Date of Commencement (Livestock Identification Act) Notice, 2013
- [This is the version of this document from 23 November 2001.]
1. Short title and commencement
This Act may be cited as the Livestock Identification Act, 2001 and shall come into effect on a date to be announced by the Minister by notice in the Gazette.2. Interpretation
In this Act unless the context otherwise requires—"authorised traditional authorities" means traditional authorities and chiefs duly recognized as such by any law in force in Swaziland and includes the family council;"cattle" means any bull, ox, steer, cow, heifer or calf;"deed of transfer" means, a document duly signed by the livestock owner under the seal of an officer containing details of the identification of the livestock, their new owner and the reasons for the transfer of ownership;"group" in relation to livestock, means either large stock, small stock or ostriches as the circumstances may require;"identification mark" means a mark duly registered under this Act and made or placed on livestock in the prescribed manner;"inspector" means any person appointed as an inspector of identification marks by the Minister under section 8;"livestock" means cattle and any other species of animals which the Minister may, by notice in the Gazette, declare as such for the purposes of this Act;"marking instrument" means any instrument prescribed for marking livestock;"mark" means to make or place a permanent identification mark on livestock;"Minister" means the Minister responsible for Livestock;"Ministry" means the Ministry under which the Livestock portfolio falls;"officer" means a public officer whose duties are relevant or relating to the operations of this Act in the Ministry responsible for livestock;"owner" in relation to any registered identification mark, means the person in whose name such identification mark is registered or in relation to livestock, the holder of livestock bearing an identification mark in whose name such an identification mark has been registered;"prescribed" means prescribed by regulations made in terms of this Act;"register" means the record kept in pursuance of this Act containing a list of identification marks for livestock registered thereunder;"registered" means entered in the register in terms of this Act;"registration" means entry of livestock identification marks in the register by the Registrar;"Registrar" means the Registrar of Livestock Identification Marks appointed under section 6;"stud book" means a register kept by livestock breeders societies or association for the registration of pedigree livestock;"speculator" means a person who buys livestock for the purpose of re-sale primarily as a profit generating venture;"tattoo" means any mark made by inserting indian ink or other pigment or colouring matter into punctures on any livestock;"temporary owner" means the holder of livestock under a deed of transfer;"this Act" includes any regulations made in terms thereof; and"Veterinary officer" includes veterinary assistants.3. Brands provided for in the other laws
4. Incidental powers
5. Delegation of powers by the Minister
The Minister may delegate to any officer of the Ministry responsible for Livestock any of the powers conferred upon the Minister by this Act.6. Registrar of livestock identification marks
7. Register
The Registrar shall keep a register in the prescribed form of all identification marks in Swaziland in terms of this Act.8. Appointment of public officers as inspectors
The Minister may appoint public officers to be inspectors whose functions shall include inspection of identification marks, marking instruments, identification mark certificates and such other duties as may be deemed necessary.9. Registration of identification marks
10. Application for registration of identification marks
Every person required by this Act to register an identification mark shall submit an application in writing to the Registrar in the prescribed form with a sketch of the proposed identification mark.11. Allocation of identification marks
The Registrar shall, before registering any identification mark, ensure that it has not been registered in the name of any other person and where duplication may occur, the applicant shall provide an alternative or a new identification mark which may be allocated by the Registrar.12. Certificate of registration
Upon the registration of an identification mark, the Registrar shall issue and transmit to the applicant a certificate of registration.13. Duties of owners of livestock
14. Size of identification marks
The size of the characters marked on livestock shall be in accordance with the specifications contained in the Regulations.15. Method of marking
All marks shall be branded, imprinted or tattooed upon livestock in accordance with the specifications contained in the Regulations and in the certificate of registration.16. Police and poundmasters to be furnished with a list of identification marks
17. Transfer of registration and identification marks
18. Transfer and cancellation of registration after the death of owner
19. Surrender of identification marks
20. Cancellation of identification marks
21. Notification of change of address
Where the owner of a registered identification mark changes that owner's postal or residential address, that owner shall forthwith in writing notify the Registrar of the owner's new address.22. Inspection of registers
23. Butcher's and Dealer's Register
24. Stray livestock
25. Notification of impounded livestock
26. Pound marks
The Minister may, if the Minister deems necessary, allocate a special identification mark to every pound in Swaziland, and the poundmaster shall so mark all livestock sold by that poundmaster in the prescribed manner.27. Special marks
The Minister shall, upon the recommendation of the Director of Veterinary and Livestock Services, allocate special identification marks for the purpose of disease control and to facilitate international trade.28. Registration of livestock markers
29. Powers of entry, investigation and seizure
30. Identification mark to be prima facie evidence of ownership
On the trial of any person for the theft of any hide, skin or livestock or for receiving without a deed of transfer any such hide, skin or livestock or any part thereof knowing the same to have been stolen, the prosecution shall give evidence that the mark upon the hide or livestock alleged to have been stolen is the identification mark of the person alleged to have been the owner of such hide, skin or livestock or of some person through or from whom such owner derived the right to such livestock and a certificate purporting to be under the hand of the Registrar of a certified copy of such owner's identification mark issued by the Registrar shall constitute prima facie proof of the facts therein.31. Mutilation, defacing, etc.
32. Prohibited marking of livestock
33. Offences and penalties
34. Regulations
35. Repeal of Act No. 64 of 1937
The Great Stock Brands Act, 1937 (Act No. 64 of 1937), is repealed.History of this document
01 January 2014
23 November 2001 this version
13 November 2001
Assented to
Documents citing this one 2
Gazette 2
1. | Swaziland Government Gazette dated 2001-11-23 number 776 | |
2. | Swaziland Government Gazette dated 2013-08-30 number 118 |