(English text signed by the President.) (Assented to 29 May 2002.)
To consolidate the law relating to the identification of animals and to provide for incidental matters.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-
"authorised person" means any person, other than an officer, who has been authorised by the registrar under section 3(3) to carry out a specific function in terms of this Act;
"cancel", in relation to an identification mark, means any interference whereby that identification mark is rendered illegible or less legible;
"document of identification" means a document of identification referred to in section 6(1) of the Stock Theft Act, 1959 (Act No. 57 of 1959);
"group" in relation to animals, means a species, breed or kind of animal;
"identification mark" means any registered mark registered in terms of section 5(2) and placed on any animal for any purpose, and includes any representation of a mark intended to be placed on any animals, as the circumstances may require, but does not include any-
- mark made or placed on the horn or hoof;
- mark made with paint on any animal;
- clasp, rivet or tag attached to the ear, or any mark made on such clasp, rivet or tag; or
- notch or hole; "mark" means to place an identification mark on any animal;
"marking instrument" means any instrument used or intended to be used for marking animals;
"marking operator" means a person registered in terms of section I 1 to mark animals;
"Minister" means the Minister of Agriculture;
"officer" means an officer as defined in section 1(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), read with section I of the Public Service Amendment Act, 1996 (Act No. 13 of 1996);
"owner", in relation to any registered identification mark, means the person or, in the case of the State, the Department in whose name such identification mark is registered;
"police official", means any member of the service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), and "police" has a corresponding meaning;
"prescribed" means prescribed by regulation;
"registered" means registered in terms of this Act, and "registration" has a corresponding meaning;
"registrar" means the ofcer designated as Registrar of Animal Identification in terms of section 3;
"sale", includes an agreement to sell, and any offer, advertisement, exposure, transfer of ownership, conveyance or delivery for sale, exchange or disposal in any manner, whether for any consideration or otherwise, and "sell" has a corresponding meaning;
"this Act" includes any regulations made under section 18.
- in respect of the animals declared by the Minister by notice in the Gazette; and
- to the whole of the national territory of the Republic of South Africa.
(2) The registrar must exercise his or her powers, perform his or her functions and carry out his or her duties subject to any instruction issued by the Minister.
(3) The registrar may in writing authorise any officer or, with the approval of the Minister, authorise any person who is not an officer, to perform any function entrusted to him or her in terms of this Act.
Identification marks
(2) If the application complies with the requirements of this Act the registrar must-
- allocate an identification mark to the applicant;
- register such identification mark in the applicant's name; and
- issue to the applicant a certificate of registration of that identification mark.
- apply for registration of an identification mark in terms of section 5(1);
- mark his or her animals in the prescribed manner;
- where an identification mark on an animal is invisible or indistinct, mark the animal clearly with his or her identification mark, within 14 days after he or she is directed to do so by the registrar, an authorised person, an officer or a police official; and
- notify the registrar in writing of any changes of his or her address.
(2) No person may-
- within 14 days of the date on which he or she becomes the owner of an animal with an identification mark, sell, barter, give away or in any other manner dispose of that animal to another person, unless he or she furnishes a document of identification to the person who acquires that animal; or
- after 14 days of the date on which he or she becomes the owner of an animal, sell, barter, give away or in any other manner dispose of that animal unless
- such animal has been marked in the prescribed manner with the identification mark of the owner disposing of that animal; and
- he or she furnishes the person acquiring that animal with a document of identification.
(3) A person acquiring an animal from a person disposing of an animal as contemplated in subsection (2) must retain the document of identification obtained from that person for a period of one year.
(2) The registrar may specify alternative methods of identification by notice in the Gazette.
(b) If the applicant complies with the prescribed requirements, the registrar must register him or her as a marking operator.
(c) A marking operator must in the prescribed manner keep a register of animals marked by him or her.
(2) The registrar must in the prescribed manner keep a register of marking operators.
(2) Every inspector must be furnished with a certificate signed by the registrar stating that he or she has been appointed as inspector under this Act.
(3) An inspector must, at the request of any person affected by the exercise of a power or performance of a function by such an inspector, exhibit the certificate referred to in subsection (2) to such a person.
(4) An inspector may, on the authority of a warrant issued in terms of subsection (5), conduct an investigation to determine whether the provisions of this Act are being or have been complied with, and may, for that purpose during normal office hours and without giving prior notice-
(5) (a) A warrant referred to in subsection (4) must be issued by a magistrate who has jurisdiction in the area in which the place or facility in question is situated, and may only be issued if it appears from information on oath that there are reasonable grounds to believe that any material, substance, appliance, book, statement or document that may relate to a contravention of this Act is in or upon such place or facility.
(b) A warrant issued in terms of this section must be executed with strict regard to decency and order.
(6) (a) If no criminal proceedings are instituted in connection with any item referred to in subsection (5)(a), seized in terms of subsection (4), or if it appears that such item is not required at any trial for the purpose of evidence or an order of court, that item must be returned as soon as possible to the person from whom it was seized.
(h) After the conclusion of criminal proceedings any item seized in terms of subsection (4) and which served as an exhibit in proceedings in which a person was convicted, must be handed over to the inspector to be destroyed or otherwise dealt with as instructed by the registrar.
(2) Paragraphs (a), (c) and (e) of subsection (1) do not apply in respect of-
(2) The Minister may make different regulations in respect of different kinds of identification marks, different groups of animals and different areas.
(2) A brand allocated in terms of section 5(2) of the Livestock Brands Act. 1962 (Act No. 87 of I 962), which is in use immediately prior to the date of commencement of this Act is deemed to be an identification mark allocated in terms of section 5(2)(a).
| NO. AND YEAR OF LAW | TITLE OR SUBJECT |
| Act No. 87 of 1962 | Livestock Brands Act |
| Act No. 10 of 1973 | Livestock Brands Amendment Act |
| Act No. 10 of 1992 | Livestock Brands Amendment Act |