VOLUME: V

CONTROL OF LIVESTOCK INDUSTRY

CHAPTER: 36:01

ARRANGEMENT OF SECTIONS

PART I
Preliminary

SECTION

1. Short title
2. Interpretation

PART II
Purchases of Livestock

3. Permits for sale or disposal by persons subject to any Botswana customary

law
4. Purchase or acquisition of livestock
5. Sale or disposal of livestock
6. Licences and fees
7. Fees for permits
8. Deposit or security required on issue of livestock buyer's licence
9. Free licences
10. Licences to be carried and produced
11. Touts
12. Returns
13. All livestock to be branded after purchase or acquisition
14. Sale, purchase or other disposal of hypothecated cattle
15. Offences
16. Onus on accused persons
17. Public sales of livestock

PART III
Export of Livestock

18. Export by registered exporters and registered producers only on export

permit
19. Restriction on export of breeding stock
20. Application for registration as exporter or producer
21. Information to be furnished on demand
22. Offences

PART IV
Levy on Cattle Exported

23. Levy on cattle exported

24. Manner of payment
25. Cattle export levy fund
26. Offence to export without having paid levy
27. Sufficiency of proof of non-payment of levy
28. Suspension of levy

PART V
Exports of the Products of the Slaughtering of Livestock and the Licensing, etc., of Export Slaughter
Houses
 29. Export of meat to be from export slaughter house or under permit
30. Supplying livestock to an export slaughter house
31. Construction of slaughter house capable of use for the export trade

PART VI
General

32. Refusal of removal permits or the imposition of conditions

33. Power to make regulations
34. Penalties

PART VII
Purchase of Livestock Produce

35. Licence to purchase or acquire produce for the purpose of trade

36. Extension of licence
37. Endorsement of conditions on licences
38. Licence fees
39. Penalties and onus of proof

Schedule

Proc. 67, 1941,

Proc. 23, 1943,
Proc. 21, 1944,
Cap. 86, 1948,
Proc. 21, 1950,
Proc. 65, 1952,
Proc. 84, 1953,
Cap. 109, 1959,
Proc. 16, 1959,
Law 21, 1961,
L.N. 84, 1966,
Act 43, 1971,
Act 32, 1977.
An Act to make provision for the control of livestock.
[Date of Commencement: 19th December, 1941]

Part:I Preliminary (ss 1-2)

1. Short title

This Act may be cited as the Control of Livestock Industry Act.

 2. Interpretation

For the purposes of this Act, the expression-

"Chief" has the meaning assigned to it under the Chieftainship Act;
"export slaughter house" means a slaughter house licensed as an export
slaughter house under section 29;
"livestock" includes cattle, sheep and goats;
"non-tribal area" means any area which is not a tribal area as defined in this
section;
"slaughter house" means a place where livestock are slaughtered for
human consumption;
"tribal area" means the area known as the Barolong Farms, as described in
Schedule B to the Botswana Boundaries Act, and the Bamangwato, Batawana,
Bakgatla, Bakwena, Bangwaketse, Bamalete and the BatlokwaTribal Territories, as
defined in the Tribal Territories Act, or any area which may be added thereto by law.

Part:II Purchases of Livestock (ss 3-17)

3. Permits for sale or disposal by persons subject to

any Botswana customary law

There shall be established in each tribal area a system of Chief's permits in a

form approved by the President and in each non-tribal area a system of District
Commissioner's permits in a form approved by the President to authorize the sale or
disposal of livestock by a person subject to any customary law of Botswana to any
person other than a person subject to any customary law of Botswana domiciled in
the same area.
4. Purchase or acquisition of livestock

No person shall purchase or otherwise acquire for the purpose of trade within
Botswana any livestock unless he is the holder of a current licence issued under this
Part and no person shall purchase or otherwise acquire from a person subject to
customary law any livestock unless that person is in possession of a Chief's or
District Commissioner's permit authorizing such transaction:
Provided that any person who is subject to any customary law in Botswana
and is domiciled in Botswana may, without obtaining a licence under this Part,
purchase or otherwise acquire livestock within his own tribal area or within his own
non-tribal area, as the case may be, for his own use or for disposal within that area
to any other such person so domiciled.
5. Sale or disposal of livestock

No person subject to any customary law of Botswana shall sell or otherwise

dispose of livestock to a person other than a person subject to a customary law of
Botswana and domiciled in the same tribal or non-tribal area, as the case may be,
unless he is in possession of a Chief's or District Commissioner's permit authorizing
such transaction.
(2) Subject to the provisions of subsection (1), no person shall sell or
otherwise dispose of livestock withinBotswana to any person other than the holder of
a current licence issued under this Part:
 Provided that any person licensed under this Part may barter or exchange
livestock with a person subject to any customary law of Botswana who is in
possession of a Chief's or District Commissioner's permit.
6. Licences and fees

(1) Licences under this Part are as follows-

(a) a livestock buyer's licence;
(b) a livestock buyer's agent's licence.
(2) Every licence issued under this Part shall expire on the 31st day of
December next following the date of issue, and subject to the provisions of section 9
there shall be payable in respect of each such livestock buyer's licence the sum of
P70 for an annual licence, and P52,50 for a licence issued after the 30th day of June
in any year, and in respect of each such livestock buyer's agent's licence the sum of
P50 for an annual licence, and P32,50 for a licence issued after the 30th day of June
in any year.
(3) Every licence under this Part shall be issued subject to such conditions as
the President may impose, and any such conditions shall be endorsed on the
licence:
Provided that any endorsement restricting the area within which the purchase
or acquisition of livestock may be effected shall not apply to any place appointed in
terms of section 17 for the public sale of livestock.
(4) No livestock buyer's licence issued under this Part shall be transferable.
(5) No livestock buyer's licence shall be issued under this Part unless the
person applying therefor has produced to the officer authorized to issue the same a
certificate under the hand of the Registrar of Brands that the applicant has been
registered under the provisions of the Branding of Cattle Act as the proprietor of a
brand.
(6) The person to whom a livestock buyer's licence has been issued shall be
entitled to nominate one agent or employee to purchase or otherwise acquire
livestock on his behalf, and, if approved, he shall be issued with a livestock buyer's
agent's licence on payment of the fee prescribed in subsection (2):
Provided that where the holder of a general trading licence is issued under
this Part with a free livestock buyer's licence, any employee of such general trader
may purchase or otherwise acquire livestock under the said free livestock buyer's
licence on behalf of such general trader, at the licensed premises only.
(7) A livestock buyer's licence may be transferred with the approval of the
authorized officer and provided the name of the transferee is substituted by the
authorized officer for that already endorsed on the licence.
(8) The issue or renewal of any licence under this Part or the alteration of the
endorsement on any such licence may be refused by the President or any officer
authorized to issue licences, without any reason being given for such refusal.
7. Fees for permits

(1) The President may make regulations prescribing the fees which may be
charged on the issue of a Chief's or District Commissioner's permit for each head of
livestock covered by such permit.
(2) Without prejudice to the generality of subsection (1), such regulations
may prescribe-
(a) different fees for different types of livestock; and
 (b) different fees for different tribal and non-tribal areas.

8. Deposit or security required on issue of livestock buyer's licence

(1) Every applicant for a livestock buyer's licence under this Part shall, except
as specially exempted under section 9, upon first obtaining a livestock buyer's
licence, either deposit with the President or other authorized officer issuing the same
the sum of P200 or find security to the like amount to the satisfaction of the President
or other authorized officer, and shall fix a domicilium citandi et executandi within
Botswana.
(2) Such deposit or other security shall remain and be kept up to the full
value of P200 as long as the person making or finding the same continues to hold a
livestock buyer's licence issued under this Part, and if such deposit or security shall
at any time fall short of the said value and the holder of the livestock buyer's licence
neglects or refuses to make up the deficiency, it shall be lawful for the President to
cancel such licence.
(3) Any deposit or security made or found under this section may be taken in
execution in whole or in part for the purpose of satisfying the judgment of any
competent court within Botswana, whereby the person who made such deposit or
found such security shall be required to pay-
(a) any sum, whether by way of debt, damages, costs or otherwise, to any
person resident within Botswana in respect of a transaction involving the purchase
or acquisition of livestock in terms of section 4; or
(b) any fine, compensation or award in respect of a contravention of any of the
provisions of this Act.
(4) In case of cancellation of a livestock buyer's licence, or in case such a
licence is not renewed upon the expiration thereof, the deposit or other security
made or found in connection therewith, in so far as the same has not been
appropriated under subsection (3), shall, within three months after such cancellation
or expiration, be delivered back by the President or other authorized officer upon due
application being made therefor.
9. Free licences

(1) Licences under this Part may be issued free of charge to-
(a) the holder of a fresh produce licence to purchase or otherwise acquire a
specified number of livestock required for slaughter for the purpose of his business
during the year;
(b) a farmer, on first acquiring and wishing to stock a farm, provided that the
licence shall not authorize the purchase or acquisition of livestock which would
exceed the maximum carrying capacity of the farm, as assessed by the Director of
Veterinary Services;
(c) a farmer, for the purchase of 50 head of livestock per annum;
(d) the holder of a general trading licence to purchase or otherwise acquire
livestock at his licensed store:
Provided that he may buy livestock at public sales, as defined in section 17,
within the district in which his licensed store is situated;
(e) such other person or class of persons, for such purposes and under such
conditions as the Director of Veterinary Services may decide.
(2) Applications for free licences shall be submitted on the forms set out in
the Schedule.
(3) Any person to whom a free licence is issued shall be exempted from the
provisions of section 8.
 10. Licences to be carried and produced

Every person licensed under this Part to purchase or otherwise acquire

livestock shall be required to carry his licence with him, and to produce it on request.
11. Touts

(1) Any person who employs a tout and any person acting as a tout shall be
guilty of an offence.
(2) For the purposes of this section a "tout" means any employee, other than
an approved agent, who uses his influence to persuade prospective sellers to
dispose of their cattle to his employer.
12. Returns

(1) Every holder of a licence under this Part shall within 15 days after the end
of each month render to the Director of Veterinary Services a return, in the form set
out in the Schedule, showing all purchases, acquisitions, sales, exchange or other
disposals of livestock; where no transactions are effected during the month
a nil return shall be rendered, and any such holder who neglects or refuses to render
such return or who renders a return which is false in any material particular shall be
guilty of an offence:
Provided that the President may if he thinks fit, by order published in
the Gazette, suspend or vary the operation of this subsection, and may, in his
discretion, exempt certain licence holders from its requirements.
(2) A certificate under the hand of the Director of Veterinary Services or other
officer authorized by him shall in any proceedings under this section be prima
facie evidence of the facts stated therein, and it shall not be necessary to bring oral
evidence of such facts unless the court before which such proceedings are heard
specially directs, in which case a postponement may be allowed to enable the officer
whose presence is required to attend.
13. All livestock to be branded after purchase or acquisition

(1) It shall be the duty of every person licensed under this Part within 72
hours after purchasing or otherwise acquiring any livestock and before removal of
such livestock from the place of purchase or acquisition, to affix to each animal
purchased or otherwise acquired the brand of which he is the registered
proprietor,and for the purposes of this section the expression "brand" shall have the
meaning assigned to it in section 2 of the Branding of Cattle Act:
Provided that the President may exempt persons licensed under section
9(1)(e) from the requirements of this section, and from the requirements of section
6(5).
(2) Any person who fails to comply with any of the requirements of this
section shall be guilty of an offence.
14. Sale, purchase or other disposal of hypothecated cattle

(1) No person shall purchase or otherwise acquire any bull, ox, cow, heifer
or calf upon which is imprinted any brand of the National Development Bank
registered under section 13 of the Branding of Cattle Act or any AC brand as defined
in section 2 of that Act, or any unweaned calf of any cow upon which is imprinted any
such brand, unless such person-
(a) is a buyer in terms of section 7 of the Agricultural Charges Act or section 6
of theHypothecation Act; or
(b) has obtained from the National Development Bank or the proprietor of the
AC brand, as the case may require, written authority to make such purchase or
acquisition on such conditions as may be specified in such authority.
(2) A person who sells or otherwise disposes of any bull, ox, cow, heifer or
calf upon which none of the brands specified in subsection (1) is imprinted shall at
the time of sale or disposal, and if so requested by the purchaser or person to whom
such animal is disposed of, give to such purchaser or person a certificate in such
form as may be prescribed certifying that such animal is not the subject of a
certificate of indebtedness under the Agricultural Charges Act or an hypothec under
the Hypothecation Act.
15. Offences

Any person who, whether on his own behalf or on behalf of any other person,
directly or indirectly purchases or otherwise acquires or sells or disposes of any
livestock within Botswana in contravention of any of the provisions of this Part or in
violation of the conditions of his licence shall be guilty of an offence.
16. Onus on accused persons

In any prosecution for an offence under this Part-

(a) any livestock proved to have been purchased or otherwise acquired by any
person within Botswana shall be deemed to have been purchased or acquired by
such person in contravention of the provisions of this Part unless the contrary is
proved by such accused person; and where any livestock proved to have been in
the possession of an accused person or persons cannot be accounted for by such
accused person or persons to the satisfaction of the court, such livestock may be
deemed to have been disposed of illegally by such person or persons in
contravention of section 5(2);
(b) any person required by this Part to have a licence shall be deemed to be
without such licence, unless he produces the same on demand to any
administrative officer, veterinary officer, stock inspector or police officer or the court
or gives other satisfactory proof of possessing the same.

17. Public sales of livestock

(1) It shall be lawful for the President to appoint places in Botswana where
public sales of livestock may take place subject to such conditions as he may
impose.
(2) Public sales of livestock may not be held within Botswana without the
written approval of the President.

Part:III Export of Livestock (ss 18-22)

18. Export by registered exporters and registered producers only on export

permit
 No person shall export or cause or permit to be exported from Botswana any
livestock unless he is the holder of a current certificate that he is a registered
exporter or a registered producer, and is in possession of an export permit issued by
the Director of Veterinary Services or an officer authorized by him, subject to such
conditions as the President may deem necessary.
19. Restriction on export of breeding stock

No person shall export from Botswana any male or female horned cattle,
sheep, goats, horses, donkeys or pigs suitable for breeding except under authority of
a permit issued by the Director of Veterinary Services or an officer authorized by
him.
20. Application for registration as exporter or producer

(1) Any person, corporation or association shown on the Government Stock

Registers to be in possession of a minimum of 10 head of cattle suitable for export or
of 20 head of female breeding cattle or who is the holder of a licence issued under
Part II may make application to be registered as an exporter.
(2) He shall give such information concerning his livestock as may be
deemed necessary by the Director of Veterinary Services, and the Director of
Veterinary Services or any officer authorized by him may issue to such applicant a
certificate that he is a registered exporter.
(3) Any person who combines the business of breeding, rearing and maturing
cattle for export may make application to be registered as a producer.
(4) He shall give such information concerning his livestock as may be
deemed necessary by the Director of Veterinary Services, and the Director of
Veterinary Services or any officer authorized by him may issue to such applicant a
certificate that he is a registered producer.
(5) Certificates issued under this section shall expire on the 31st day of
December next following the date of issue.
21. Information to be furnished on demand

Every person shall, on demand by the Director of Veterinary Services or any

officer authorized by him, give such information concerning the livestock in his
possession or which has been in his possession as may be deemed necessary by
the Director of Veterinary Services.
22. Offences

(1) Any person who exports any livestock in contravention of any of the
provisions of this Part shall be guilty of an offence.
(2) Any person who gives false information to the Director of Veterinary
Services or his authorized officer shall be guilty of an offence.

Part:IV Levy on Cattle Exported (ss 23-28)

23. Levy on cattle exported

 (1) Upon every head of cattle exported from Botswana to the Johannesburg
quarantine market or for realization on the Johannesburg quarantine market or any
such other market as may, by order published in theGazette, be specified by the
President there shall be imposed a levy of 50 thebe or such other sum as the
President may from time to time by notice in the Gazette determine.
(2) Notwithstanding the provisions of subsection (1) any person who holds a
current certificate issued under Part III that he is a registered producer shall be
entitled to a refund of the levy paid by him on any number of cattle bred, reared and
matured by him, not exceeding 50 in each calendar year, equivalent to half the
number of his female breeding cattle at the commencement of such calendar year.
24. Manner of payment

The levy imposed by section 23 shall be payable to any administrative officer,

veterinary officer, stock inspector, police officer or any other person authorized in
writing by the President to receive such levy, and such officer or other person shall
give his receipt for the same; the production of which receipt at the port of exit shall
be full and sufficient proof of payment of the levy on the said cattle.
25. Cattle export levy fund

(1) The moneys derived from the levy on cattle exported under the Cattle
Export Tax Act, shall be paid into a Fund to be established by the President and
shall be used for the general benefit of the livestock industry inBotswana.
(2) Any surplus moneys in such Fund may be invested on such terms and
conditions as the President may decide.
(3) The President shall appoint an Advisory Committee to advise him on all
matters affecting the Fund, its investment and disbursement.
26. Offence to export without having paid levy

Any person not being a registered producer exporting under the provisions of
section 23 who exports or attempts to export any cattle from Botswana for realization
on the Johannesburg quarantine market or other specified market without having first
paid thereon the levy imposed by section 23 shall be guilty of an offence.
27. Sufficiency of proof of non-payment of levy

In any prosecution for exporting or attempting to export any cattle without

having first paid the levy imposed by section 23, proof that the accused person or
any agent of the accused person who had charge of the cattle at the time of
exportation or attempted exportation failed, on demand made by any member of the
police force or by any of the officers or persons mentioned in section 24 to produce
the receipt for such levy, shall be sufficient evidence that such levy has not been
paid, unless the contrary is proved.
28. Suspension of levy

The President may by order suspend the operation of this Part, and may by
similar order revoke any such suspending order and declare that this Part shall again
have force and take effect:
 Provided that any such suspension shall not affect the validity of any act
done or any proceedings pending at the date of such order or the recovery of any
levy or penalty payable at such date.

Part:V Exports of the Products of the Slaughtering of Livestock and the Licensing, etc.,

29. Export of meat to be from export slaughter house or under permit

(1) No person shall export or cause or permit to be exported

from Botswana any meat or other product (excluding any hide or skin) of the
slaughtering of livestock unless-
(a) the meat or product is derived from livestock slaughtered at an export
slaughter house and the exportation takes place directly from that export slaughter
house; or
(b) the Director of Veterinary Services has given permission in writing therefor.
(2) No person shall carry on the business of slaughtering livestock for export
otherwise than at an export slaughter house.
(3) The President on application and at his discretion may licence any
slaughter house as an export slaughter house and at his discretion at any time may
revoke a licence so granted, and shall not be obliged to assign any reason for
refusing to grant or revoking of any such licence.
(4) In considering any application for the grant of a licence in terms of
subsection (3), the President shall have regard inter alia to whether the slaughter
house, together with any place used in connection therewith for keeping or
subjecting products of the slaughtering of livestock to any treatment or process, has
been constructed or adapted in conformity with the provisions of any relevant law for
the time being in force in Botswana or with any conditions attached to the President's
consent to construct or adapt the slaughter house given under section 31(2) and
may cause the slaughter house together with any place as aforesaid to be inspected
by an officer of the public service of Botswana for the purpose of ascertaining its
suitability as an export slaughter house.
(5) Any person who wilfully contravenes any of the provisions of subsection
(1) or (2) shall be guilty of an offence and liable to a fine not exceeding P1000, or to
imprisonment for a term not exceeding two years, or to both.
30. Supplying livestock to an export slaughter house

(1) No person shall supply any livestock to an export slaughter house unless-
(a) he is registered as an export slaughter house supplier in terms of
subsection (3); and
(b) he has received a quota allocation from the Director of Veterinary Services
authorizing him to supply livestock to the particular export slaughter house in
question.
(2) No person registered under subsection (3) shall supply any livestock to an
export slaughter house otherwise than in accordance with the terms of his quota.
(3) Any person qualified, in terms of section 20(1) or (2), to be registered as
an exporter or producer, may make application to the Director of Veterinary Services
to be registered as an export slaughter house supplier and the Director of Veterinary
Services if satisfied as to that qualification shall register the applicant accordingly
and shall issue him with a certificate to that effect.
 (4) The Director of Veterinary Services may at any time cancel the
registration of an export slaughter house supplier who in his opinion is no longer
qualified to be registered, and the President, by order published in theGazette, may
at any time order the cancellation of all registrations for the purpose of requiring
fresh applications for registration to be made.
(5) Any person who wilfully contravenes any of the provisions of this section
shall be guilty of an offence and liable on conviction to a fine not exceeding P100, or
to imprisonment for a term not exceeding three months, or to both.
(6) Any person who wilfully gives or causes to be supplied to the Director of
Veterinary Services any false information in connection with an application for
registration as an export slaughter house supplier in terms of this section shall be
guilty of an offence and liable to a fine not exceeding P200, or to imprisonment for a
term not exceeding six months, or to both.

31. Construction of slaughter house capable of use for the export trade

(1) For the purposes of this section a slaughter house which, together with
any place used in connection therewith for keeping or subjecting products of the
slaughtering of livestock to any treatment or process, has a total floor space
exceeding 92 m2, shall be deemed to be a slaughter house capable of use for the
export trade.
(2) No person shall construct or adapt any building or premises as a
slaughter house capable of use for the export trade except in accordance with the
prior written consent of the President and in accordance with such terms and
conditions as the President may deem fit to impose.
(3) Where an application is made for the construction of slaughter houses-
(a) the President, in considering any application for the grant of his consent in
terms of subsection (2) may require the applicant to produce to the President such
site plans, construction plans, and specifications relating to the proposed slaughter
house as he may prescribe;
(b) a person engaged in the construction or adaptation of a slaughter house
capable of use for the export trade shall furnish the District Commissioner with not
less than 24 hours' notice, in writing-
(i) of the date and time at which operations will be commenced; and
(ii) before the covering up of any drain, private sewer, concrete or
other material laid over a site, foundation, or damp-proof course,
and if such person neglects or refuses to give any such notice, he shall
comply with any notice, in writing, of the President requiring him within a reasonable
time to cut into, lay open or pull down so much of the slaughter house, its works or
fittings as prevents the President from ascertaining whether any of the conditions
attached to his consent given under subsection (2) have been observed; and
(c) a person engaged in the construction or adaptation of a slaughter house
capable of use for the export trade shall permit any officer of the public service
authorized in writing for such purpose by the President to enter upon and inspect
operations at all reasonable times and to take such samples of the materials to be
used in the construction or adaptation or in the installation of fittings as may be
necessary in order to ascertain whether the conditions attached to the President's
consent given under subsection (2) are being observed.
(4) Any person who contravenes the provisions of subsection (2) shall be
guilty of an offence and liable to a fine not exceeding P1000 or to imprisonment for a
term not exceeding two years, or to both.
 (5) In any prosecution under this section the onus of proving that a building or
premises in course of construction or adaptation is not being constructed or adapted
as a slaughter house capable of use for the export trade shall be upon the accused.

Part:VI General (ss 32-34)

32. Refusal of removal permits or the imposition of conditions

When the President deems it necessary in the interest of the control of the
livestock industry to do so, he may direct the refusal of, or the imposition of
conditions on the issue of, any permit for the removal of livestock issued under the
Diseases of Animals Act for reasons other than for the prevention of disease of
livestock.
33. Power to make regulations

(1) The President may, by statutory instrument, make regulations respecting

the issue of licences for the purchase or acquisition of livestock, the sale or disposal
of livestock, the export of livestock and the imposition of any levy thereon, and the
payment of any bounty, premium or subsidy on livestock exported to the United
Kingdom or other market, and generally for the better carrying out of the provisions
of this Act.
(2) Regulations made under this section may amend the Schedule to this Act.
34. Penalties

(1) Any person who contravenes or commits an offence under section 10, 11,
12, 16, 22(2) or 26, or who fails to comply with the requirements of section 21 shall
be liable to a fine not exceeding P50, or, in default of payment, to imprisonment for a
term not exceeding three months, or to both.
(2) Any person who contravenes or commits an offence under section 15, or
who contravenes or fails to comply with any of the provisions of this Act in respect of
which no penalty is otherwise provided, shall be liable to a fine not exceeding P500
or to imprisonment for a term not exceeding two years, or to both.
(3) Any person who commits an offence under section 15 or 22(1) shall, in
addition to any other penalty, be liable to suffer cancellation of his licence.

Part:VII Purchase of Livestock Produce (ss 35-39)

35. Licence to purchase or acquire produce for the purpose of trade

(1) In this section "livestock produce" means bones, ostrich feathers, horns,
riems, biltong, hair, hippo strips, animal fats, strops, poultry (including domestic
fowls, ducks, geese, pigeons and turkeys) and the eggs thereof.
(2) No person shall, by himself or through any other person, purchase or
otherwise acquire for the purpose of trade any livestock produce
within Botswana unless he is in the possession of a licence, issued by the District
Commissioner of the district in which such person desires to operate, authorizing him
to do so:
 Provided that-
(i) except with the prior approval of the President, no licence under this
subsection shall be issued to any person not domiciled in Botswana;
(ii) no licence under this subsection shall be issued to any person authorizing
him to purchase or otherwise acquire livestock produce within a tribal area, except
from a general trader, without the prior written permission of the Chief of such tribal
area, and such permission shall be endorsed by the District Commissioner upon the
licence.
(3) This section shall not apply to-
(a) any person who is the holder of a general trading licence in respect of any
transaction at his licensed place of business;
(b) any butcher who is the holder of a fresh produce licence in respect of any
transaction relating to poultry (including domestic fowls, ducks, geese, pigeons and
turkeys) and the eggs thereof, or sheep, goats and pigs required for his butchery:
Provided that in districts other than the district in which his butchery is
situated, he shall first obtain the written permission of the District Commissioner of
the district concerned;
(c) any farmer who purchases or otherwise acquires livestock produce for the
purpose of farming operations bona fide conducted by him within Botswana:
Provided that in districts other than the district in which his farm is
situated, he shall first obtain the written permission of the District Commissioner of
the district concerned;
(d) any person subject to a Botswana customary law and is domiciled in
Botswana who purchases livestock produce for disposal to any other such person
so domiciled;
(e) such other person or class of persons for such purposes, and under such
conditions, as the Director of Veterinary Services may direct.

36. Extension of licence

Any person having obtained a licence under section 35(2) who wishes to
operate in any district other than that in which his licence was issued shall first obtain
the permission of the District Commissioner of such other district, and such
permission shall be endorsed by the District Commissioner upon the licence.
37. Endorsement of conditions on licences

The District Commissioner may cause to be endorsed on licences issued

under this Part any conditions which he may consider necessary, and any condition
so endorsed shall be deemed to be a condition of the licence.
38. Licence fees

There shall be paid for such licence, by a person domiciled in Botswana, the
sum of P6 in respect of each calendar year or P3 in respect of a licence taken out
after the 30th day of June in any one year, and by a person not domiciled in
Botswana, the sum of P6 for three months or any lesser period.
39. Penalties and onus of proof

(1) Any person who contravenes any provision of section 35 or who fails to
comply with any provision of section 36 or who contravenes or fails to comply with
any condition endorsed on his licence under section 37 shall be guilty of an offence
and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding
six months, and if he is the holder of a licence under this Part the court may, in
addition to or in lieu of any other penalty, order the cancellation of such licence.
(2) In any prosecution under this section the onus of proving that any
purchase or other acquisition of livestock produce was effected not for the purpose
of trade but for private use shall be upon the accused.

SCHEDULE

APPLICATION FOR FREE LICENCE BY A BUTCHER

I certify that I am the holder of Fresh Produce Licence No. ................ issued in the
........................ District. I hereby apply for a free licence to purchase or acquire the following
livestock for slaughter and sale as meat etc., within Botswana:
..........................................................................................................................................
..........................................................................................................................................
APPLICATION FOR FREE LICENCE BY A HAWKER
I certify that I am the holder of Hawker's Licence No. ............. issued in the ....................
District. I hereby apply for a free licence to purchase or acquire the following livestock for the
period permitted by my licence within the area or areas specified below:
APPLICATION FOR A FREE LICENCE BY A FARMER
I certify that I am farming at .............................. in the .......................................... District. I
hereby apply for a free licence to purchase or acquire within the District or Districts set out below
the following livestock for the purposes stated:
Cattle No. Purpose District or Districts
in which livestock
to be acquired
Breeding stock
..........
Tollies and
Weaners .....
Treks ..........
Stores .........
Feeders .......
Slaughter .....
cattle
APPLICATION FOR A FREE LICENCE BY A GENERAL TRADER
I certify that I am the holder of General Trading Licence No. ................... issued in the
............................ District. I hereby apply for a free licence to purchase or acquire livestock for
the currency of the above licence within the ......... District in which my business premises are
situated and in the following District or Districts for the reasons stated below:
..........................................................................................................................................
...........................................................................................................................................
RETURN OF STOCK PURCHASES, SALES, ETC. UNDER SECTION 12
I hereby notify that during the month of .............................. the following purchases,
acquisitions, sales, exchanges or other disposals of stock were effected by me or on my behalf:
Date Place Species Sold to or Purchased or Permit No
No. exchanged with acquired from

When transactions with persons subject to any Botswana customary law are recorded the
Chief's or District Commissioner's permit number must be recorded.