Chapter 19:01

Animal Health Act

Acts 5/1960 (Federal), l5/1962 (Federal), 32/1963 (Federal), 41/1978 (s. 10), 20/1982, 8/1983, 8/1988, 16/1990, 22/2001 (s. 4); R.G.Ns 638/1963, 95/1964, 745/1964 216/1970, 217/1970, 452/1970.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
2. This Act binds the State.
3. Animals, diseases and pests subject to Act to be specified by Minister.
5. Regulatory powers of Minister.
6. Duties of owners of vehicles entering Zimbabwe.
7. Disposal of animals and things infected, contaminated or infested with disease or pest.
8. Disposal of animals and infectious things unlawfully imported.
9. Disposal of animals straying into Zimbabwe.
10. Impounding of animals infected with disease.
11. Disposal of animals and things confiscated and of carcasses of animals destroyed in terms of this Act.
12. Construction of veterinary fixtures.
13. Veterinary fixtures constructed on land leased or subject to usufruct or servitude.
14. Minister may order use of veterinary fixtures.
15. Minister may order destruction of wild animals.
16. Construction of fences.
17. Designation of occupiers of land.
18. Powers of Minister if owner or occupier in default or matter urgent.
19. Payment for work done by Minister in connection with veterinary fixtures and fences.
20. Powers of Director.
21. Powers of authorized persons.
22. Issue and production of permits.
23. Limitations of actions in respect of things done in good faith and without negligence.
25. Destruction of buildings, etc.
26. Use of land for destruction and disposal of animals.
27. Change of occupation of land when movement of animals is restricted.
28. Offences and penalties.
30. Records to be evidence.
31. Service of notices generally.
32. Service of notices in special circumstances.
33. Exemption for research.
34. Limitation of actions against common carriers.

SCHEDULE

Powers of Minister.

AN ACT to provide for the eradication and prevention of the spread of animal pests and diseases in Zimbabwe, for the prevention of the introduction into Zimbabwe of animal pests and diseases and for incidental matters.

[Date of commencement: 1st January, 1961.]

• Short title

This Act may be cited as the Animal Health Act [Chapter 19:01].

• This Act binds the State

This Act shall bind the State.

                       3    Animals, diseases and pests subjected to Act to be specified by Minister

(1) This Act shall, unless the Minister, in terms of subsection (2) or in the exercise of the power conferred upon him by section five, otherwise provides or the context otherwise requires, apply to—

• a member of a class or a class of vertebrate animal, domestic or otherwise; and
• a disease of a member of a class or a class of animal referred to in paragraph (a); and
• a pest, being a non-vertebrate organism, including a virus, in the opinion of the Minister— (i) injurious to a member of a class or a class of animal referred to in paragraph (a); or

(ii)   capable of introducing into or spreading within Zimbabwe a disease referred to in paragraph (b);

which is specified by the Minister in a statutory instrument, and in this Act “animal”, “disease” and “pest” shall be construed accordingly.

(2) The Minister may, in a notice referred to in subsection (1), specify—

• a member of a class or a class of vertebrate animal referred to in paragraph (a) of that subsection as an animal for the purposes of this Act; and
• a disease referred to in paragraph (b) of that subsection as a disease of a particular member of a class or particular class of animal; and
• a pest referred to in paragraph (c) of that subsection as a pest in relation to a particular member of a class or particular class of animal or to a particular disease or class of disease.

                       4    Interpretation

In this Act—

“authorized person” means a person authorized in terms of paragraph (b) of subsection (1) of section twenty to do anything or perform any act which may be done or performed in terms of this Act;

“child” means a person under the age of sixteen years;

“Director” means the officer in charge of the Department of Veterinary Services of the Ministry;

“import” means import into Zimbabwe;

“infectious thing” means anything declared to be an infectious thing in a regulation; “land” includes any building, structure, enclosure, premises, harbour, jetty, wharf or water; “land under the control of a local authority” means— (a)         an open space; or

(b) a road or street; within the limits of a municipality, town or village to which the public has a right of access and includes a commonage and land vested in a local authority;

“legal representative”, in relation to a person under a legal disability, means—

• in the case of a company, the judicial manager or liquidator, as the case may be; and
• in the case of an individual, the person authorized by law to administer his estate;

“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Ministry” means the Ministry for which the Minister is responsible;

“occupier”, in relation to land, means—

• in the case of land used by the State, the person having charge, control or management of the land; and
• in the case of Communal Land, the person having the use of the land or, if no person has the use of the land, the rural district council within the area of which the land is situated; and
• in the case of land under the control of a local authority, the local authority; and
• in the case of land not referred to in paragraphs (a) to (c), a person resident on the land or, if there is no person resident on the land, the person ordinarily present on the land during the hours of the business for which the land is used who has the charge, control or management of the land or business or, if there is no such person, the person designated as occupier in terms of section seventeen;

“owner”—

• in relation to land, means—
  • in the case of State land held in accordance with any enactment or an agreement which entitles a person to obtain title thereto on the fulfilment by him of the conditions specified in the enactment or agreement, that person or, if he is under a legal disability, his legal representative; and
  • in the case of State land held under an agreement of sale, the purchaser under the agreement or, if he is under a legal disability, his legal representative; and
  • in the case of State land held under a lease, licence or similar agreement, the lessee or licensee or, if he is under a legal disability, his legal representative; and
  • in the case of State land, other than State land referred to in subparagraph (i) or (iii), over which grazing or any other rights whatsoever have been granted, the holder of those rights or, if he is under a legal disability, his legal representative; and
  • in the case of State land which is not land referred to in subparagraphs (i) to (iv), the Minister responsible for lands, natural resources or, local government, as the case may be; and
  • in the case of Communal Land, the Minister responsible for the administration of the Communal Land Act [Chapter 20:04]; and
  • in the case of land under the control of a local authority, the local authority; and
  • in the case of land which is not land described in subparagraphs (i) to (vii), the person registered in the office of the Registrar of Deeds as the owner of the land or, if he is under a legal disability, his legal representative; and
• in relation to an animal or infectious or other thing or vehicle, includes the person having for the time being the management, custody or control of the animal or infectious or other thing or vehicle or, if that person is a child, the person having for the time being the care, custody or control of the child;

“permit” means a permit issued in terms of this Act;

“person under a legal disability” means—

• in the case of a company, a company which is being wound up or is under judicial management; and
• in the case of an individual, a minor, a person of unsound mind, a deceased person, an insolvent, a person who has made an assignment with creditors or a person who is otherwise under a legal disability;

“prescribed area” means such area as the Minister may prescribe for the purposes of a regulation;

“quarantine area” means land to which an order made in terms of subsection (4) of section twenty-one relates;

“regulation” means a regulation, order or notice made by the Minister in the exercise of the power conferred upon him by section five;

“this Act” includes a regulation and an order or direction made or given in terms of this Act or a regulation;

“vehicle” includes an aircraft, ship, railway train and tractor and any machine capable of being drawn or driven along a road which is used or intended to be used in connection with the construction of dams, roads or buildings, the installation of cables, pipelines or power lines or the sinking of boreholes or the like or for agricultural, mining or other prescribed purposes;

“veterinary fixture” means a cleansing chamber, dipping tank, spray race, crush pen, pen, race, stockade or other structure or thing for use in doing to animals, persons, vehicles or other things of anything required to be done in terms of this Act, together with any necessary accessories and appurtenances.

                       5    Regulatory powers of Minister

• For the better eradication and prevention of the occurrence or spread within Zimbabwe and for the prevention of the introduction into Zimbabwe of diseases and pests the Minister may, by regulation, order or notice in a statutory instrument, do any or all of the matters or things specified in the Schedule.
• Nothing in this Act shall be construed as precluding the Minister, in the exercise of the power conferred upon him by subsection (1), from making provision for the eradication and prevention of the occurrence or spread amongst human beings of—
• a disease common to human beings and animals; or
• a pest injurious to both human beings and animals or capable of introducing or spreading amongst both human beings and animals a disease referred to in paragraph (a).