Stock Disease Proclamation (Title XXIII)

TITLE XXIII LIVESTOCK INDUSTRY Number and year Of Principal Law Short Title page Proc. 10/1896 Stock Diseases …………………… …. 1962 H.C.N. 42/1910 Stock Diseases Regulations …………. 1969 H.C.N. 42/1910 Importation of Bees ………………….. 1984 H.C.N.128/1938 Ports of Entry (Stock Diseases)……… 1985 Proc. 9/1921 Pedigree Livestock…………………… 1986 Proc. 14/1938 Wool and Mohair ……………………. 1988 H.C.N. 70/1958 Wool and Mohair Export Duty……… 1994 H.C.N. 15/1923 Ports of Exit (Wool and Mohair)…….. 1994 Proc. 1/1952 Wool and Mohair Marketing and Export 1996 H.C.N.150/1953 Wool and Mohair Marketing and Export Regulations……………………………. 1998 Proc.57/1952 Importations, etc., of Livestock ……….. 2016 G.N. 5/1957 Ports of Entry (Livestock)…………….. 2022 PROCLAMATION 10 OF 1896 10 of 1896. 24 of 1896. 8 of 1903. STOCK DISEASES 7 of 1921. 18 0f 1922. To make provision for the prevention of disease among stock. 57 of 1922. 16 of 1923. 80 of 1935 [3rd March. 1922] Cap. 78. Short title 1. This Proclamation may be cited as the Stock Disease Proclamation. PART 1 GENERAL Regulations. 2. It shall be lawful for the High Commissioner in Council from time to time by Notice in the Gazette to make, alter, and repeal regulations for Basutoland, or for any separate portion or portion of Basutoland, for all or any of the following purpose and to provide penalties for the breach thereof: (1) The prevention of the introduction and spread among stock in Basutoland of any disease specified in such regulations. (2) The regulation and prevention of the importation into Basutoland of from any place outside Basutoland and of the movement of stock in Basutoland. (3) The notification of outbreaks of any such disease. (4) The inspection of stock and the payment by the owner or person in charge of any stock of fees for the inspection of such stock. (5) The detention, isolation, concentration, testing, inoculation, disinfection, (1)dosing, branding and dipping or removal of stock and the payment by the owner or person in charge of any stock of all expenses connected with the detention, isolation, concentration, testing, inoculation, disinfection, (1)dosing, branding, and dipping or removal of such stock. (6) The slaughter of stock with or without compensation to the owners thereof. (7) The burial or destruction of carcasses and the payment by the owner or person in charge of such carcasses of all expenses connected with the burial or destruction of such carcasses. (8) The fencing of any portion of the border of Basutoland for the prevention of the introduction or spread among stock in Basutoland of any disease specified in such regulations. (9) (2) For prescribing the circumstances in which compensation shall be paid by the Basutoland Administration respect of loss of sheep caused by any dipping carried out by an inspector, and the amount of such compensation. Proc. Nos. 10 PART II and 24 of 1896 RINDERPEST Rinderpest 3. Whenever the disease known as Rinderpest is known to exist among animals in Infected areas. any part of Basutoland the Resident Commissioner may, by Notice in the Government Gazette, declare such part of Basutoland to be an infected area, and it shall not be lawful to remove from such area any such animals as shall be mentioned in such notice, whether the same are not affected with such disease: Provided that it shall be lawful for the Resident Commissioner in such notice to make such exception as he shall think fit with regard to the removal from such area of any animals not affected with such disease as aforesaid. (1) As amended by 80 of 1935 (2) As amended by 16 of 1923 Prohibition of 4. No animal liable to the said disease shall be permitted to enter Basutoland from entry of from any area of district which, through the spread of said disease has been animals from proclaimed as an infected area or district by any law, ordinance, proclamation or infected areas regulation issued in any State or Colony in South Africa by lawful authority, until further notice: Any person bringing or causing to be brought any such animal into Basutoland from such area or district shall be liable, upon conviction, to a penalty not exceeding two hundred rands or in default of payment thereof to imprisonment for any period not exceeding twelve months, unless such fine be sooner paid. Regulations 5. It shall be lawful for the High Commissioner in Council from time to time to frame regulations with regard to the herding or segregation of cattle within Basutoland, whilst travelling or otherwise, and with regard to the routes or roads to be used by persons travelling with ox wagon or cattle, and the management and disposal of the said cattle, at outspans, and generally with regard to all necessary to ensure the proper carrying out of the objects of this part and the prevention of the spread of the said disease. Promulgation 6. No regulation shall be valid until published the Gazette, and from the date of such of regulations publication shall have the force of law; and any person contravening the same shall infringement be liable to the penalties provided in section four of this Proclamation. Definition of 7. “Animal liable to the disease known as Rinderpest” shall mean any bull, ox, cow terms heifer, calf, sheep or goat, and the word “animal” in this Part shall include the carcass, skin, or other portion of any animal, the entry of which is hereby or by any other Proclamation prohibited. Persons 8. Every person who shall be proved to have willfully or maliciously spread or proved to caused to be spread the disease known as Rinderpest shall be guilty of an offence, have spread and may be tried either by the High Court or in manner hereinafter provided disease of rinderpest guilty of an offence Resident 9. At any time after the holdings of a preparatory examination in the case of any Commissioner person charged with the commission of the offence in the preceding section set forth may appoint it shall be lawful for the Resident Commissioner to appoint two or more District a Court Officer to form and constitute a Court for the hearing and determination of the said consisting of charge, and said Court shall have jurisdiction, upon conviction, to sentence the said two District person to imprisonment (3) for any period not exceeding seven years, or to receive Officer to try any number of lashes not exceeding fifty, or to both such imprisonment and such Cases under lashes. this proclamation PART III Proc. No Of 1903 RABIES High 10. It shall be lawful for the High Commissioner in Council to make regulations for Commissioner the following purpose: In Council (a) To prohibit or regulate the introduction of dogs into the Territories of may make Basutoland from any or all adjacent Colonies. regulations to prohibit the introduction of dogs; to prohibit or (b) To prohibit or regulate the removal of dogs from any place to any other place regulate the within the said Territory. Removal of dogs to authorize (c) To authorize or require the isolation, muzzling or destruction of any dogs within the isolation, the said Territory. muzzling or destruction of dogs; penalty for 11. Any person contravening any regulation made under this part shall upon contravening conviction be liable for every such contravention to a fine not exceeding one this part hundred rand; or in default of payment imprisonment for a period not exceeding three months. Definition of 12. The word “dog” in this part shall include any animal liable to the disease of “dog” rabies which the Resident Commissioner may hereafter specify by Notice in the Gazette. (4) PART IV Proc.No.7 of 1921 ANTHRAX Definitions 13. In this Part “animal” shall mean cattle, horse, asses, mules, goats, sheep and pigs; “Government Officer” shall mean a District Officer, Government Veterinary Officer, Police Officer or Stock Inspector. (3) For alternative of fine, see Revision of Penalties Proclamation-Title VI. (4) By H.C.N. 130 of 1949 the High Commissioner specified cats as animals liable to the disease of rabies. report of (5)14. (1) Any chief or headman who knows or has reason to suspect that any death due animal in his district or village is suffering from or has died of to anthrax anthrax, and (2) any person who knows or has a reason to suspect that any animal Belonging to him or in his charge is suffering from or has died of anthrax. shall report the fact or, as the case may be, the suspicion to a District Officer who shall take immediate steps to procure blood smears for purpose of diagnosis. In any prosecution for a contravention of this section the onus of proving that he was not aware of or did not suspect the existence or nature of the disease shall rest upon the accused. Burial of 15. Any person having charge or control of any animal dying or suspected of having animal died of anthrax shall bury such animal intact in a suitable manner and in accordance dying of with any direction given by a Government Officer, and no person shall cut up or anthrax distribute the meat or skin of any animal dying or suspected of having died of anthrax or shall skin any such animal. Isolation 16. (1) It shall be lawful for any Government Officer to isolate or cause to be isolated Of animals in a place to be pointed out by him any animals amongst which an outbreak or Suspected outbreak of anthrax has occurred and any other animal which have been or are suspected of having been in contact with animals infected with anthrax, and any orders given by a Government Officer for the purpose of such isolation shall be compiled with by any person having charge or control of the animals whose isolation is required. (2) The isolation of any group of animals shall be continued until all the animals isolated in that group have been inoculated by a Government Officer and for a further period of ten days calculated from the date of the last inoculation of any such animal. (3) Any costs incurred in connection with the isolation of animals shall be recoverable from the owner of the animals and any owner of animals isolated under the provision of this section may be ordered by a Government Officer to furnish such number of efficient herds as in the opinion of such officer shall be necessary for the purpose of herding and isolating such animals. Inoculation 17. (6) The Principal Veterinary Officer or other Government Officer of the of animals Territory may inoculate or cause to be inoculated such animals as he may think necessary for the purpose of preventing the spread of anthrax and any person having charge or control of such animals shall comply with any order given by the Principal Veterinary Officer or other Government Officer for the purpose of such inoculation. (7)18. (1) The High Commissioner may, for the purpose of preventing the spread of Anthrax, prescribe by Notice in the Gazette the places, to be known as Ports of Entry, at which animals, or any particular species of animal, shall be introduced into the Territory. (2) The Principal Veterinary Officer may, for the purpose of arranging adequate Inspection and, if necessary, inoculation, of animals which may be introduced into the Territory through any prescribed Port of Entry, direct that such animals shall only be introduced on stated days of the week and at stated times. (3) Any person who introduces into the Territory any animal or any particular Species of animals to which a Notice under sub-section (1) of this section relates except through a prescribed Port of Entry, or except on such days and at such times as may be directed under sub-section(2), shall be guilty of an offence and be liable on conviction to the penalties mentioned in section nineteen. Offences 19. Any person contravening or attempting to contravene any provision of this part Shall be guilty of an offence, and liable on conviction to a fine not exceeding twenty rands, or, in default of payment, to imprisonment for a period not exceeding six months. PART V FOUL BROOD AMONGST BEES Bees shall 20. No person shall import or cause to be imported into Basutoland not be (a) bees from any place without the written permission of the Resident imported Commissioner; without permission (b) from any place outside South Africa honey in combs, or extracted beeswax, foundation comb, used beehives or used beehive accessories or appliances or anything that has been used to contain or manipulate bees or beeswax. Inspection and 21. The Resident Commissioner, any District Officer or any other person authorized destruction of by the Resident Commissioner may— bees, etc (a) inspect any consignment of bees imported under the permission aforesaid: (5) As substituted by 57 of 1922. (6) As amended by 36 of 1938. (7) As inserted by 36 of 1938.