This Act was repealed on 2001-11-13 by Livestock Identification Act, 2001.
eSwatini
Great Stock Brands Act, 1937
Act 64 of 1937
- Commenced on 22 October 1937
- [This is the version of this document at 1 December 1998.]
- [Repealed by Livestock Identification Act, 2001 (Act 13 of 2001) on 13 November 2001]
1. Short title
This Act may be cited as the Great Stock Brands Act, 1937.2. Interpretation
In this Act unless the context otherwise requires—“bovine” means any bull, cow, steer, heifer or calf;“brand” means a brand duly registered under this Act and made upon any portion of the hide of any great stock in a manner prescribed by this Act;“branding iron” means the instrument prescribed for imprinting a brand or mark on great stock by this Act;“equine” means any horse, mare, gelding, colt, filly, ass or mule;“great stock” means equines, bovines, and their offspring;“inspector” means any person appointed as an inspector of brands by the Minister;“Minister” means the Minister for Agriculture;“police officer” includes any member of the Royal Swaziland Police above the rank of Sub-Inspector;“register” means the register book kept in pursuance of this Act containing a list of brands for great stock registered hereunder;“Registrar” means the Registrar of Brands appointed under section 3.3. Registrar of brands
The Minister may appoint a public officer to be Registrar of Brands for Swaziland.4. Register book
The Registrar shall keep a register in the form prescribed by Schedule A of all brands in Swaziland in terms of this Act.5. Registration of brands
Every owner of great stock having prior to the promulgation of this Act branded any great stock with a distinctive mark shall cause the same to be registered within six months of the date hereof and any person who after the date hereof desires to employ any brand shall before making use thereof cause the same to be registered.6. Application for registration of brand
7. Refusal by Registrar to register
The Registrar shall before registering any brand, satisfy himself that it has not been registered in the name of any other person, and where any brand resembles too closely any other registered brand, he may refuse to register such brand.8. Certificate of registration
Upon the registration of a brand the Registrar shall issue and transmit to the applicant a certificate of registration.9. Fees
The fees set out in Schedule B shall be payable to the Registrar, and shall be paid by affixing stamps to the relevant documents.10. Size of brands
The size of the characters branded on great stock shall not be less than two inches in height.11. Method of branding
All brands shall be imprinted upon great stock in accordance with the instructions contained in the certificate of registration.12. Cancellation of brands
13. Publication of list of brands in the Gazette
The Registrar shall at the beginning of April in each year or so soon thereafter as possible cause a list of all brands registered in Swaziland to be published in the Gazette.14. Police and poundmasters to be furnished with list
At the end of each quarter in every year the Registrar shall transmit to every police post and poundmaster in Swaziland a list and description of all brands registered during the previous three months.15. Transfer of registered brands
Upon there being exhibited to the Registrar—16. Surrender of brands
The owner of any brand may surrender the same and shall notify the Registrar in writing accordingly and the Registrar shall on receipt of such notice cancel the registration.17. Cancellation of brands
If it appears to the Registrar that a registered brand is not being used he may cause notice to be given in writing to the owner thereof to his last-known address calling upon the owner to show cause why the brand should not be cancelled and in default of a reply by the owner to the satisfaction of the Registrar, the Registrar shall within three months after such notice cancel the brand.18. Inspection of register of brands
The register kept in terms of this Act and the lists and descriptions of brands prepared in terms of section 4 shall be open to inspection by the public at all convenient times subject to the payment of the search fee prescribed in Schedule B.19. Butchers’ and dealers’ register
20. Notification of any impounded stock
21. Pound brands
A special brand shall be allotted by the Minister to every pound in Swaziland and the poundmaster shall imprint such brand on the left side of the neck of all stock sold by him.22. Fraudulently branding stock of other persons
Any person who wilfully brands or imprints with his distinctive mark any great stocks of which he is not the owner or who wilfully causes, directs, or permits any great stock of which he is not the owner to be branded with his brand shall on conviction be liable to a fine not exceeding two hundred emalangeni or in default of payment to imprisonment for a period not exceeding twelve months.23. Defacing brands
Any person who wilfully blotches, defaces or otherwise renders illegible or alters any brand upon great stock or wilfully directs, causes or permits any such brand to be blotched, defaced or otherwise rendered illegible or altered or who is party thereto shall on conviction be liable to a fine not exceeding one hundred and fifty emalangeni or in default of payment to imprisonment for a period not exceeding six months.24. Using unregistered brand and irregularly using registered brand
From and after the passing of this Act any person who marks or directs, aids or assists in marking or permanently imprinting on any stock or any portion thereof any signs, symbols or characters other than those made and registered in accordance with this Act shall on conviction (for every such offence) be liable to a fine not exceeding one hundred and fifty emalangeni and in default of payment to imprisonment for a period not exceeding six months: but this section shall not apply to a brand used by any person at the commencement of this Act.25. Forged certificates
Any person who—26. Inspectors may enter any place where stock is kept
27. Brand to be prima facie evidence of ownership
On the trial of any person for the theft of any hide or great stock or for receiving any such hide or great stock or any part thereof knowing the same to have been stolen the prosecution may give evidence that the brand upon the hide or animal alleged to have been stolen is the brand of the person alleged to have been the owner of such hide or animal or of some person through or from whom such owner derived his right to such animal and a certificate purporting to be under the hand of the Registrar of a copy of the Gazette containing the publication of such owner’s brand shall constitute prima facie proof of the facts therein alleged.28. Mutilation to remove distinctive marks
On the trial of any person for theft of any great stock or where there is reasonable suspicion that the great stock or hide has been stolen and the skin or hide has been mutilated in such way that any brand or distinctive mark is removed or rendered illegible, the onus of proving that he was the owner of such animal or hide shall rest on the accused person.29. Penalties
Any person who wilfully fails to comply with or offends against this Act in any case in which no specific penalty is imposed shall on conviction be liable to a fine not exceeding forty emalangeni and in default of payment thereof to imprisonment for a period not exceeding two months.History of this document
13 November 2001
Repealed by
Livestock Identification Act, 2001
01 December 1998 this version
Consolidation
22 October 1937
Commenced