Livestock Improvement Amendment Act, 1993 (No. 25 of 1993)

N$2,20 l GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA WINDHOEK - 2 December 1993 CONTENTS Page GOVERNMENT NOTICE No. 146 Promulgation of Livestock Improvement Amendment Act, 1993 (Act 25 of 1993), of the Parliament ............................................................................................. . Government Notice OFFICE OF THE PRIME MINISTER No. 146 1993 PROMULGATION OF ACT OF PARLIAMENT The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution. No. 25 of 1993: Livestock Improvement Amendment Act, 1993. I No. 753 • li 2 Government Gazette 2 December 1993 No. 753 Act No. 25, 1993 Amendment of section I of Act 25 of 1977. LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 EXPLANATORY NOTE: Words underlined with solid line indicate in sertions in existing enactments. Words in bold type in square brackets indicate omissions from existing enactments. ACT To amend the Livestock Improvement Act, 1977, so as to establish a Livestock Improvement Board and to make provision for its powers, duties and functions; to repeal the provisions relating to the Advisory Board for Animal Production, the Stud Book Associa tion and the Karakul Breeders' Society; to further regulate the powers, duties and functions of live stock breeders' societies and the registrar; and to provide for matters incidental thereto. (Signed by the President on 18 November 1993) BE IT ENACTED by the Parliament of the Republic of Namibia, as follows: 1. Section 1 of the Livestock Improvement Act, 1977 (hereinafter referred to as the principal Act), is hereby amended (a) by the deletion of the definition of "advisory board"; (b) by the s~bstitution for the definition of"board" of the following definition: " 'board' means the Livestock Improvement Board established by section 3;"; (c) by the deletion oft he defirution of"Department"; (d) by the substitution for the definition of"livestock breeders' society" of the following definition: No. 753 Act No. 25, 1993 r c.. / L Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 3 "'livestock breeders' society' means a group of persons promoting the breeding (including the recording for registration of pedigrees), improve ment and use of animals belonging to a kind and breed which has in terms of section 2 been declare.d, and in respect of which a certificate of incorporation has been issued [or is continued] in terms of section 18 [or 22];"; (e) by the substitution for the definition of "Mini ster" of the following definition: "'Minister' means the Minister of Agriculture, Water and Rural Development;"; (f) by the insertion after the definition of"Minister" of the following definition: "'Ministry' means the Ministry of Agriculture, Water and Rural Development;"; (g) by the substitution for the definition of "officer" of the following definition: " 'officer' means an officer as defined in section 1(1) of the Public Service Act, 1980 (Act 2 of 1980)·"· '' (h) by the deletion of the definition of "Republic"; (i) by the deletion of the definition of "Stud Book Association"; (j) by the deletion ofthe definition of"the territory"; and (k) by the substitution for the definition of "veteri narian" of the following definition: " 'veterinarian' means a erson re istered or deemed to be registered in terms ofthe Veterinary and Para-Veterinary Professions Proclamation, 1984 (Proclamation AG. 14 of 1984), to practise a veterinary profession as defined in section I of that Proclamation.". • ... 4 Government Gazette 2 December 1993 No. 753 Act No. 25, 1993 Substitution of section 3 of Act 25 of 1977. LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 2. The following section 1s hereby substituted for section 3 of the principal Act: "Livestock Improvement Board. 3. ( 1) There is hereb established a board to be known as the Livestock Improvement Board. (2) The board shall exercise and perform all powers, duties and functions conferred or imposed upon it by this Act, and shall advise the Minister in relation to (a) the orderly development and improvement of the livestock industry; (b) the co-ordinated development and improvement of the dif ferent branches of the livestock industry; (c) the provision of services in accordance with the needs of the livestock industry; (d) the desirability of the esta blishment of a scheme under section 14, and the provisions of such a scheme; (e) priorities in respect of research, and the co-ordinated utiliza tion of research facilities, in connection with the livestock industry; (f) information services required for the livestock industry; (g) the importation and exporta tion of animals, semen, ova and eggs; (h) the collection and sale of semen and ova; I I. • No. 753 Act No. 25, 1993 l Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 5 (i) the artificial insemination and inovulation of animals; (j) any matter assigned to the board by this Act or any matter affecting the livestock industry and which the Minister may refer to it for advice or with regard to which the board may consider it necessary to advise the Minister. (3) The board shall consist of (a) the registrar; (b) two officers in the service of the Ministry designated by the Mi nister from time to time; and (c) seven other members appoin ted by the Minister, of whom (i) one shall be a person nominated for appoint ment by the board esta blished by section 2 of the Meat Industry Act, 1981 (Act 12 of 1981); (ii) one shall be ~ person no minated for appointment by the board established by section 2 of the Karakul Pelts and Wool Act, 1982 (Act 14 of 1982); (iii) five shall be persons se lected by the Minister from amongst persons who, in the opinion of the Minister, have .had expe rience of, and shown ca pacity in, matters that are relevant to the functions of the board; 6 Act No. 25, 1993 Government Gazette 2 December 1993 No. 753 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 (4) Whenever the nomination of a member referred to in subparagraph (i) or (ii) of paragraph (c) of subsection (3) becomes necessary, the Minister shall, in writing, request the board referred to in the appropriate subparagraph to nominate, within the period specified by the Minister, a person for appointment to the board. (5) If a nomination is not received by the Minister within the period re quested, the Minister may appoint such person as he or she thinks fit, and a person so appointed shall hold office as if he or she had been nominated as required by subsection (4). (6) Any person appointed as a member of the board under paragraph (c) of subsection (3) shall, subject to the provisions of subsection (7), hold office for a period of three years, and may be re-appointed at the expiration of that period. (7) A member of the board ap pointed under paragraph (c) of sub section (3) shall vacate his or her office if (a) he or she by written notice delivered to the Minister re signs as member; (b) his or her estate is sequestrated; (c) he or she is convicted of an offence and sentenced to a term of imprisonment without the option of a fine; (d) he or she has been absent from three consecutive meetings of the board without its leave; or (e) he or she is removed from office by the Minister under subsection (8). • .. No. 753 Act No. 25, 1993 L Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 7 (8) A member of the board ap pointed under paragraph (c) of sub section (3) may be removed from office by the Minister if the Minister is of the opinion that he or she (a) is incapacitated by physical or mental illness; (b) is otherwise unable or unfit to discharge the functions of a member of the board. (9) If the office of a member of the board appointed under paragraph (c) of subsection (3) becomes vacant, the Mi nister shall appoint another person to fill the vacancy until the expiration of the period during which such member would, but for the vacation of his or her office, have continued in office. (10) The members of the board shall from amongst themselves elect a member, other than the registrar, to be the chairperson of the board. ( 11) The first meeting of the board shall be held at the time and place de termined by the Minister and thereafter meetings of the board shalf be held at such times and places as the board determines: Provided that the chair person shall at the request of the Mi nister or the request in writing of at least three members of the board, convene a special meeting of the board. (12) Five members of the board shall constitute a quorum at any meeting of the board. (13) The chairperson or, in his or her absence, such other member as the members present shall elect, shall pre side at a meeting of the board. 8 Act No. 25, 1993 Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 No. 753 (14) The decision of a majority of the members ofthe board present at any meeting thereof shall constitute a de cision of the board, and in the event of an equality of votes in regard to any matter, the person presiding at the meeting in question shall have a casting vote in addition to his or her delibera tive vote. ( 15) The board may determine the procedure at its meetings or at the meetings of any committee thereof. ( 16) The administrative work in cidental to the performance of the functions of the board shall be per formed by the registrar with due regard to such instructions as may be issued by the board. (17) (a) The board may establish committees to advise it on any matter relating to its functions, or to perform any functions of the board which the board may delegate to it under subsection ( 18) and may appoint such per sons, including, subject to the approval of the Minister, per sons other than members of the board, as it may deem fit to be members of any such commit tee. (b) The board may designate any member of a committee as chairperson thereof. (c) The board may amend or set aside any decision of any such committee. ( 18) The board may delegate to any committee of the board or any member of the board referred to in paragraph (b) of subsection (3) any power or function conferred or im posed on the board by section 16 or 17. ) " (~ ' No. 753 Act No. 25, 1993 Amendment of section 7 of Act 2S of 1977. Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 9 (19) (a) A member ofthe board or a committee who is not in the full-time employment of the State shall be paid such remu neration and allowances as the Minister, in consultation with the Minister of Finance, may determine. (b) The remuneration and allow ances referred to in paragraph (a) and all other expenditure which may be payable or in curred in connection with the performance or exercise of the powers, duties and functions of the board, shall be defrayed out of moneys appropriated by Parliament for such purpose. (20) (a) If a member of the board or his or her spouse or any company or partnership of which he or she is a director or shareholder or partner is in any way directly or indirectly in terested in a matter being con sidered or about to be consi dered by the board and where by his or her private interest may conflict with· his or her duties as a member of the board, he or she shall disclose the nature of his or her interest at a meeting of the board at the first opportunity it is possible for him or her to do so. (b) A member of the board who has an interest in a matter as contemplated in paragraph (a), shall not be present during any deliberation, or take part in any decision, of the board, with respect to that matter.". 3. Section 7 of the principal Act is hereby amended by the deletion of subsection (4). • 10 Government Gazette 2 December 1993 No. 753 Act No. 25, 1993 Amendment of section 8 of Act 25 of 1977. Amendment of section 10 of Act 25 of 1977. LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 4. Section 8 of the principal Act is hereby amended (a) by the substitution for paragraph (c) of sub section (I) of the following paragraph: "(c) has been collected at an A.I. centre [or an A.I. centre registered in terms of section 12 of the Artificial Insemination of Animals Act, 1954 (Act No. 23 of 1954)];" and (b) by the deletion of paragraph (b) of subsection (2). 5. Section l 0 of the principal Act is hereby amended (a) by the substitution for subsection (2) of the following subsection: "(2) The registrar shall consider an appli cation made in terms of subsection (1), as well as such information as may be submitted in connec tion therewith, and (a) may make any inquiry in connection therewith which he or she may deem necessary; [and] (b) shall submit an application for the registration of premises as an A.I. centre, to the [committee appointed in terms of section 3(5)( c )(ii)] board for its recommendation in regard thereto; and c shall submit an a lication for the approval of an animal for the purpose of collecting semen to the livestock breeders' society (if any) concerned with the kind and breed of animals to which such animal belongs, for its re commendation in regard thereto."; (b) by the substitution for the words preceding paragraph (a) of subsection (3) of the following words: "If the registrar is satisfied that such application may be granted and, in the case of an application for the registration of premises as an A.I. centre, • li L No. 753 Act No. 25, 1993 Substitution of section II of Act 25 of 1977. Amendment of section 12 of Act 25 of 1977. Amendment of section 13 of Act 25 of 1977. Government Gazette 2 December 1993 11 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 the [said committee] board, or, in the case ot an application for the approval of an animal for the purpose of collecting semen, the livestock breed ers' society concerned, recommends it, he or she shall -"; and (c) by the deletion of subsection (6). 6. The following section is hereby substituted for section 11 of the principal Act: "Period of registration or approval. 11. The registration of an inse minator, or of premises as an A.I. centre, or the approval of an animal for the purpose of collecting semen, shall, subject to the earlier termination thereof under this Act [and subject to the provisions of section 10(6)] be valid from the date of issue of the certificate in respect thereof under section I 0(3) until the date of expiry indicated thereon, and shall thereafter be renewable from time to time.". 7. Section 12 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(I) Any person to whom a certificate has been issued in terms of section 10(3) [or in whose favour a registration or approval is continued in terms of section 10(6)] may within the prescribed time and in the form and manner prescribed therefor, apply to the registrar for the renewal of the registration or approval in question, and such an application shall be accompanied by the prescribed renewal fee for the registration in question or such approval, as well as by such information in connection therewith as may be prescribed or the registrar may require.". 8. Section 13 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(I) The registrar may at any time terminate the registration of an inseminator, or of any premises as an A. I. centre [(including such registration continued in terms ofsection 10(6))] and he or she may likewise • .. 12 · Government Gazette 2 December 1993 No. 753 Act No. 25, 1993 Amendment of section 14 of Act 25 of 1977. LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 withdraw the approval of an animal [(including such approval continued in terms ofsection 1 0( 6))] if he ..Q! she is satisfied that a requirement of this Act or a condition which the registrar has imposed under section 10(4), or section 10(4) as applied by section 12(2), as the case may be, has not been complied with.". 9. Section 14 ofthe principal Act is hereby amended (a) by the substitution for subsection (1) of the following subsection: "(1) The Minister may, on the recommen dation of the [advisory board] board and after consultation with the Minister of Finance, by notice in the Gazette establish a scheme for the evaluation and certification of the performance of animals of the kinds and breeds specified in the notice, with the object of improving the genetic production potential of such kinds and breeds."; (b) by the substitution for subsection (4) of the following subsection: "(4) Before the Minister establishes a scheme or amends any provision of a scheme, he or she shall refer the proposed scheme or amend ment to the [advisory board] board for its re commendation in regard thereto and shall there after publish it in the Gazette, together with a notice inviting interested persons to submit, within the period specified in the notice, which period shall not be less than twenty-eight days as from the date of publication of such proposed scheme or amendment, to such person as may be specified in such notice, any objections to or representations concerning the proposed scheme or amendment."; and (c) by the substitution for subsection (5) of the following subsection: "(5) Any objections or representations in terms of subsection (4) shall be submitted to the [advisory board] board for its recommendation in regard thereto, and if the Minister, as a result of any of such objections or representations or a • L No. 753 Act No. 25, 1993 Amendment of section 15 of Act 25 of 1977. Amendment of section 16 of Act 25 of 1977. Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 13 recommendation of the [advisory board] board, effects any alteration to the proposed sch~r amendment published as aforesaid, it shall not be necessary to publish such alteration before such scheme or amendment is finally established or effected by notice under subsection ( 1) or (3). ". 10. Section 15 of the principal Act is hereby amended by the deletion of subsection ( 4). 11. ~ection 16 of the principal Act is hereby amen ded (a) by the substitution for paragraph (b) of sub section (2) of the following paragraph: "(b) Such application shall (i) in the case of any animal (except poul try), semen or ova, be lodged with the livestock breeders' society concerned with the kind and breed of animal to which such animal, semen or ova inten ded for importation belongs, which shall forward it together with its re commendation in regard thereto, to the [committee appointed in terms of sec tion 3(5)(c)(i)] ~ Provided that if no such livestock breeders' society exists, the application shall be lodged with [that committee] the board for its recommendation in regard thereto; (ii) in the case of poultry or eggs be lodged with the [committee appointed in terms of section 3(5)(c)(iii)] board for its re commendation in regard thereto."; (b) by the substitution for paragraph (c) of sub section 62) of the following paragraph: "(c) The [committee specified in paragraph (b )(i) or (ii)] board shall submit such application, together with its recommendation in regard thereto, to the registrar: Provided that where the application relates to an animal of the Karakul sheep species or the semen or ova of such an animal, the board shall make such • 14 Act No. 25, 1993 Amendment of section 18 of Act 25 of 1977. Amendment of section 19 of Act 25 of 1977. Government Gazette 2 December 1993 No. 753 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 recommendation only with the concurrence of the board established by section 2 of the Karakul Pelts and Wool Act, 1982 (Act 14 of 1982). "; (c) by the substitution for paragraph (a) of sub section (4) of the following paragraph: "(a) If the granting of such application is re commended by the [committee concerned] board and the registrar agrees that such application may be granted, he or she may, on such conditions as may have been re commended by [such committee] the board, or may be prescribed or he or she may deem fit, in his or her discretion authorize in writing the importation concerned."; and (d) by the deletion of paragraph (b) of subsection (4). 12. Section 18 of the principal Act is hereby amen ded (a) by the substitution for paragraph (c) of sub section (1) of the following paragraph: "(c) the board recommends it;"; (b) by the deletion of subparagraphs (iii) and (v) of paragraph (d) of subsection (2); and (c) by the deletion of subsection (7). 13. The following section is hereby substituted for section 19 of the principal Act. "Amendment of constitution. 19. (I) The constitution of a live stock breeders' society may be amended in the prescribed manner: Provided that such amendment shall not be inconsis tent with the provisions of this Act. (2) Such number of copies as may be required by the registrar of each such amendment, or of the amended consti tution, shall be submitted to the re gistrar within thirty days after such • L No. 753 Act No. 25, 1993 Amendment of section 20 of Act 25 of 1977. Amendment of section 21 of Act 25 of 1977. Government Gazette 2 December 1993 15 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 amendment has been effected, and such amendment shall, subject to the pro visions of subsection (3), come into operation ninety days after being so submitted. (3) If the registrar, on the recom mendation of the board, is of the opinion that such amendment is incon sistent with the provisions of this Act, the livestock breeders' society con cerned shall be notified thereof, and thereupon such amendment shall be notified thereof, and thereupon such amendment shall be null and void.". 14. The following section is hereby substituted for section 20 of the principal Act: "Annual return. 20. Each livestock breeders' so ciety shall annually, within the prescri bed period after the end of its financial year, submit to the registrar a copy of such livestock breeders' society's pre scribed annual return.". 15. Section 21 of the principal Act is hereby amen ded (a) by the substitution for subsection· (1) of the following subsection: "( 1) If a complaint is lodged with the Mi nister that a livestock breeders' society [other than the Stud Book Association or the Karakul Breeders' Society of South Africa,] has not pro perly attained or is unlikely properly to attain the objects for which a certificate of incorporation has been issued [or is deemed to have been issued] to it, he or she may, if the [Stud Book Associa tion] board recommends an inquiry, refer such complaint for inquiry to a committee consisting of three members, appointed by the Minister, who shall be persons deemed fit by the Minister and one of whom he or she shall designate as the [chairman] chairperson of such committee."; and 16 Government Gazette 2 December 1993 No. 753 Act No. 25, 1993 Repeal of section 22 of Act 25 of 1977. Amendment of section 23 of Act 25 of 1977. LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 (b) by the substitution for subsection (4) of the following subsection: "(4) If the committee mentioned in subsec tion (1) finds that the livestock breeders' society concerned has not properly attained or is unlikely properly to attain the objects specified in sub section ( 1 ), the Minister may cancel the certificate of incorporation issued to such livestock breed ers' society or suspend it for such period as he or she may deem fit, [and thereupon the powers of such livestock breeders' society shall vest in the Stud Book Association for the period of suspen sion or, in the case of the cancellation of the certificate of incorporation, for all time.]". 16. Section 22 of the principal Act is hereby repealed. 17. Section 23 of the principal Act is hereby amen ded (a) by the substitution for subsection (I) of the following subsection: "( 1) No erson other than a livestock breed ers' society may (a) issue a certificate or registration of the pedigree of an animal bred in or im ported into Namibia; (b) issue a certificate or recording of the pedigree of an animal bred in or impor ted into Namibia; (c) publish the pedigrees of animals men tioned in paragraphs (a) and (b), in the form of stud books or herd or flock books."; (b) by the insertion of the following subsection after subsection ( 1): "(lA) Sub·ect to the rovisions of subsec tion (3), a livestock breeders' society shall not exercise any of the functions referred to in para graphs (a), (b) and (c) of subsection (1) in respect / No. 753 Act No. 25, 1993 L Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 17 of any animal other than an animal belonging to I the kind and breed of animal with which such livestock breeders' society is concerned."; (c) by the substitution for paragraphs (a) and (b) of subsection (2) of the following paragraphs: "(a) A certificate contemplated in paragraph (a) or (b) of subsection ( 1) shall not be issued unless the breeder of the animal concerned has registered with the [Stud Book Associa tion] livestock breeders' society concerned a prefix or suffix to designate the animals bred by him or her. (b) Any such prefix or suffix shall be registered on such conditions and upon payment of such fee as the [Stud Book Association] live stock breeders' society concerned may de termine, and the registration of such prefix or suffix shall be maintained on the perio dical payment of the fee and on such condi tions as may have likewise been determined, and the [Stud Book Association] livestock breeders' society shall issue a certificate in respect of each such registration."; (d) by the substitution for subsection (3) of the following subsection: "(3) Notwithstandin the rovisions of sub section (lA), the functions referred to in sub sections ( l) and (2) may, in relation to any animal belonging to a kind and breed in respect of which no livestock breeders' society exists, be exercised by any livestock breeders' society if such livestock breeders' society has been authorised by the registrar, on the recommendation ofthe board, to exercise those functions in relation to animals belonging to the kind and breed of animal con cerned."; and (e) by the substitution for subsection (4) of the following subsection: 18 Government Gazette 2 December 1993 No. 753 Act No. 25, 1993 Amendment of section 27 of Act 25 of 1977. LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 (a) the breeder of an animal belonging to a kind and breed of which pedigrees are not registered or recorded, as the case may be, with a livestock breeders' society from furnishing particulars of the pedi gree of such animal in writing or other wise; or (b) the owner of an animal in respect of which a certificate of registration or recording has been issued under such a power, from furnishing particulars of the pedigree of such animal shown on such certificate, in writing or otherwise.". 18. Section 27 of the principal Act is hereby amen ded (a) by the substitution for subsection (1) of the following subsection: "( 1) A person who considers himself ..QL herself aggrieved by any decision or action taken by the registrar in terms of this Act [or by any decision taken by the Stud Book Association in terms of section 19(3)] may, within the period and in the manner prescribed and upon payment of the prescribed fee, appeal to the Minister against the decision or action in question.";. (b) by the substitution for the words preceding subparagraph (i) of paragraph (a) of subsection (2) of the following words: "The Minister shall refer the appeal for inves tigation and decision to a board of appeal, the members of which shall be appointed by the Minister and which shall, subject to the pro visions of paragraph (b), consist of-"; (c) by the substitution for subsection (3) of the following subsection: "(3) An appeal shall be heard on the date and at the place and time fixed by the [chairman] chairperson of the board of appeal, who shall notify the appellant and the registrar [or the Stud Book Association, as the case may be] in writing thereof."; ) li No. 753 Act No. 25, 1993 c Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 19 (d) by the substitution for the words preceding para graph (a) of subsection (4) of the following words: "The [chairman] chairperson of the board of appeal may, for the purposes ofthe hearing ofthe appeal-"; (e) by the substitution for subsection (6) of the following subsection: "(6) The appellant, if he or she appears before the board of appeal at the hearing of the appeal, and the registrar [or the Stud Book Asso ciation, as the case may be], may be represented by an advocate or an attorney."; (f) by the substitution for subsection (9) of the following subsection: "(9) The board of appeal may after investi gation of the appeal (a) confirm, set aside or vary the relevant decision or action of the registrar [or the Stud Book Association]; and (b) order the registrar to execute the deci sion of the board of appeal in connec tion therewith."; (g) by the substitution for subsection (10) of the following subsection: "(10) (a) The decision of the board of appeal shall be in writing, and a copy thereof shall be furnished to the registrar and the ap pellant [and the Stud Book Association, if a party to the appeal]. (b) No appeal shall lie against the decision of the board of appeal."; (h) by the deletion of subsection ( 11 ); and (i) by the substitution for subsection (12) of the following subsection: • 20 Government Gazette 2 December 1993 No. 753 Act No. 25, 1993 Amendment of section 30 of Act 25 of 1977. LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 "12) A member of the board of appeal and any person summoned under subsection (4)(a) who are not in the full-time service of the State, may be paid such allowances as the Minister may with the concurrence of the Minister of Finance determine.". 19. Section 30 of the principal Act is hereby amen ded (a) by the deletion of paragraph (h) of subsection (I); (b) by the substitution for paragraph (q) of subsec tion (I) of the following paragraph: "(q) other than [the Stud Book Association or the Karakul Breeders' Society of South Africa,] a livestock breeders' society who, except in the circumstances referred to in section 23( 4), furnishes in writing particulars of the registration or recording of such an animal bred in or imported into [the Repu blic] Namibia or publishes the pedigree of animals in the form of a stud book or a herd or flock book;"; (c) by the substitution for the words following after paragraph (u) of subsection (I) of the following words: "shall be uilt of an offence and on conviction liable (a) in the case of an offence referred to in paragraph (n) or (o), to a fine not exceeding RIOO 000 or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment; (b) in the case of any other offence, to a fine not exceeding R20 000 or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment."; and (d) by the substitution for subsection (3) of the following subsection: • " I • No. 753 Act No. 15, 1993 Amendment of section 32 of Act 25 of 1977. Repeal of· section 35 of Act 25 of 1977. Repeal of section 36 of Act 25 of 1977. Repeal of section 37 of Act 25 of 1977. Substitution of certain words in Act 25 of 1977. Validation of certain written authorizations. Recognition of a certain livestock breeders' society and of certain actions per formed under the princi pal Act before the com mencement of this Act. Government Gazette 2 December 1993 LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 21 "(3) Anything forfeited under subsection (2) shall be disposed of in such manner as the [Se cretary of the Department] Permanent Secre tary: Agriculture, Water and Rural Develop ment may direct.". 20. Section 32 ofthe principal Act is hereby amended by the deletion of subsections (2) and (3). 21. Section 35 of the principal Act is hereby repealed. 22. Section 36 ofthe principal Act is hereby repealed. 23. Section 37 of the principal Act is hereby repealed. 24. The principal Act is hereby amended (a) by the substitution for the word "Department" wherever it occurs, of the word "Ministry"; and (b) by the substitution for the expression "the Repu blic", wherever it occurs, of the word "Namibia". 25. Any written authorization, or document pur porting to be a written authorization, granted or pur porting to have been granted under section 16 or 17 of the principal Act by the registrar between 9 June 1993 and the date of commencement of this Act, shall be deemed to have been lawfully granted notwithstanding that such written authorization was granted by the registrar without a recommendation for the granting of the relevant appli cation for such written authority, as required by paragraph (a) of subsection (4) of section 16 of the principal Act, before the amendment of that section by this Act, having been made by the relevant committee referred to in sub paragraph (i) or (ii), as the case may be, of paragraph (b) of subsection (2) of section 16, before the amendment of that section by this Act, and any such written authorization is hereby validated . 26. The society which immediately before the com mencement of this Act existed under the name of the Karakul Breeders' Society of Southern Africa shall be deemed to be a livestock breeders' society in respect of which a certificate of incorporation has been issued in terms of section 18 of the principal Act as amended by this Act. 22 Act No. 25, 1993 Short title. Government Gazette 2 December 1993 . LIVESTOCK IMPROVEMENT AMENDMENT ACT, 1993 (2) Any No. 753 (a) certificate of registration of the pedigree of an animal; (b) certificate of recording of the pedigree of an animal; (c) publication of the pedigrees of animals in the form of stud books or herd or flock books; issued or published under subsection (I) of section 18 of the principal Act, or any registration of any prefix or suffix in respect of an animal effected under subsection (2) of that section, before the commencement ofthis Act, by the Stud Book Association referred to in that section, shall continue to be of force and effect as if it had been issued, published or effected, as the case may be, by a livestock breeders' society incorporated under section 18 of the principal Act, as amended by this Act, which is concerned with the kind and breed of animal in question. (3) Anything done, after 21 March 1990 and before the commencement of this Act, in respect of Karakul sheep by the society referred to in subsection (1) and which is purported to have been done in the exercise of a power conferred by subsection (l)(a) or (c) or subsection (2) of section 18 of the principal Act, before its amendment by this Act, and which would have been validly done if this Act had been in force when it was done, is hereby declared to have been validly done. 27. This Act shall be called the Livestock Improve ment Amendment Act, 1993. ....