ZWE - SE - ANIMAL INSPECTION
ANIMAL PRODUCTION
Zimbabwe / Animal production
ANIMAL IDENTIFICATION AND TRACEABILITY
ANIMAL INSPECTION
questions
1 answer
document title
text/abstract
Section 20 Powers of Director
(1) The Director may—
(a) with the approval of the Minister, delegate to a person any power
conferred upon him by this Act in relation to a particular matter or class of matters or
otherwise; and
(b) with the approval of the Minister, authorize a person or class of
persons to do anything or perform any act which may be done or performed in terms
of this Act; and
1 answer
document title
text/abstract
Section 21 Powers of authorized persons
(1) An authorized person may, in the performance of his duties under this Act, enter any land or vehicle and take with him such persons, animals, vehicles, appliances, instruments, tools, drugs and other things as he may consider necessary for the performance of his duties and there—
(a) do anything which he is authorized or required to do in terms of this
Act; and
(b) supervise and inspect the doing of anything which any other person is required to do in terms of this Act; and
(c) search for and require the owner, occupier or any other person for the time being in charge to produce to him on reasonable notice any animal or infectious or other thing which may be there and to which a provision of this Act applies; and
(d) check, count, inspect and establish the identity of any animals or infectious or other things; and
(e) ascertain whether any animal or infectious or other thing is infected, contaminated or infested with a disease or pest; and
( f ) order the owner, occupier or any other person for the time being in charge to cleanse, disinfect and treat in the manner ordered by the authorized person and isolate for such period as the authorized person may require any animal which the authorized person knows or suspects on reasonable grounds to be infected with a disease or any animal or infectious or other thing which the authorized person knows or suspects on reasonable grounds to be infested with a pest and any animal or thing with which it has been in contact or himself cause such animal or infectious or other thing to be cleansed, disinfected, treated and isolated; and
(g) ascertain whether anything required to be done in terms of this Act has been or is being done; and
(h) seize and detain, pending orders given by the Director, an animal or infectious or other thing in respect of which he knows or suspects on reasonable grounds that a provision of this Act has been contravened; and
(i) occupy so much of the land as he may consider necessary for the performance of his duties and do thereon any or all of the following things—
(i) establish a camp; and
(ii) construct roads; and
(iii) remove vegetation; and
(iv) erect, alter or remove any fence, gate or grid; and
(v) make use of grazing, fuel and water.
2 answers
document title
text/abstract
Section 4 Failure to give satisfactory account of possession of stock or produce
(1) Any person who—
(a) is found in possession of; or
(b) has been in possession of;
stock or produce in circumstances which give rise, either at the time of the possession
or at any time thereafter, to a reasonable suspicion that at the time of such possession
the stock or produce was stolen and who is unable at any time to give a satisfactory
account of his possession shall be guilty of an offence.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and
liable to a fine not exceeding level seven or to imprisonment for a period not
exceeding four years or to both such fine and such imprisonment.
Section 114 (2) Any person who
(a) takes livestock or its produce
(i) knowing that another person is entitled to own, possess or control the livestock or its produce or realising that there is a real risk or possibility that another person may be so entitled; and
(ii) intending to deprive the other person permanently of his or her ownership, possession or control, or realising that there is a real risk or possibility that he or she may so deprive the other person of his or her ownership, possession or control;
or (b) takes possession of stolen livestock or its produce¾ _
(i) knowing that it has been stolen; or
(ii) realising that there is a real risk or possibility that it has been stolen; or
(c) is found in possession of, or has been in possession of, livestock or its produce in circumstances which give rise, either at the time of the possession or at any time thereafter, to a reasonable suspicion that at the time of such possession the livestock or its produce was stolen, and who is unable at any time to give a satisfactory explanation of his or her possession; or
(d) acquires or receives into his or her possession from any other person any stolen livestock or produce without reasonable cause (the proof whereof lies on him or her) for believing at the time of acquiring or receiving such livestock or produce that it was the property of the person from whom he or she acquired or received it or that such person was duly authorised by the owner thereof to deal with it or dispose of it;
shall be guilty of stock theft and liable _
(e) if the stock theft involved any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b), and there are no special circumstances in the particular case as provided in subsection (3), to imprisonment for a period of not less than nine years or more than twenty-five years; or
(f) if the stock theft was committed in the circumstances described in paragraph (a) or (b) but did not involve any bovine or equine animal, or was committed in the circumstances described in paragraph (c) or (d) _
(i) to a fine not exceeding level fourteen or twice the value of the stolen property, whichever is the greater; or
(ii) to imprisonment for a period not exceeding twenty-five years; or both.
(3) If a person convicted of stock theft involving any bovine or equine animal stolen in the circumstances described in paragraph (a) or (b) of subsection (2) satisfies the court that there are special circumstances peculiar to the case, which circumstances shall be recorded by the court, why the penalty provided under paragraph (e) of subsection (2) should not be imposed, the convicted person shall be liable to the penalty provided under paragraph (f) of subsection (2).
(4) A court sentencing a person under paragraph (e) of subsection (2)¾ _
(a) to the minimum sentence of imprisonment of nine years, shall not order that the operation of the whole or any part of the sentence be suspended;
(b) to imprisonment in excess of the minimum sentence of imprisonment of nine years, may order that the operation of the whole or any part of the sentence exceeding nine years be suspended.
(5) Any person who enters any cattle kraal, stable, byre, fold, pen, sty, loft, coop, run, building or other enclosure with intent to steal any livestock or its produce therefrom shall be guilty of attempted stock theft and liable to a fine