Control and Diseases of Animals Act
- Assented to on 21 December 1967
- Commenced on 29 December 1967
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Control and Diseases of Animals Act.
2. InterpretationIn this Act–"animal" means any bull, cow, ox, heifer, calf, sheep, goat, horse, mule, donkey, pig, domestic fowl and any game animal as defined in the definition of the expression "game" or "game animal" contained under the Game Act, any wild carnivore tamed and kept as a pet, guinea fowl, pigeon, pea-fowl, dog, cat and any other creature which the Minister has, by order under section 4, declared to be an animal for the purposes of this Act;[Cap. 66:03]"carcass" means the carcass of an animal and includes part of a carcass, and the meat, bones, hide, skin, hoofs, horns or other part of an animal separately or otherwise or any portion thereof;"disease" means anthrax, atrophic rhinitis of pigs, bovine and caprine pleuropneumonia, clostridial infections (including blackquarter), East Coast fever, epidemic tremor of chickens, foot and mouth disease, glanders and farcy, infectious cervico-vaginitis and epididymitis, lumpy skin disease, lymphangitis, mange, Newcastle disease of poultry, rabies, rinderpest, senkobo skin disease, sheep pox, swine erysipelas, swine fever, trypanosomiasis and tuberculosis and any other disease which the Minister has, by notice under section 4, declared to be a disease for the purposes of this Act;"dog" means any quadruped of the species canis familiaris;"infected area" means an area declared to be an infected area by an order made under section 4, in respect of which no declaration has been so made that the area is free from disease;"inspector" means any Professional Officer, Technical Officer or Technical Assistant employed by the Department of Veterinary Services of the Government of Malawi;"owner" in relation to a dog or other animal means any person in whose custody, possession or charge it is, also any person in whose house or premises it is kept or found unless such last-mentioned person shall prove that it does not belong to him and is not in his custody, possession or charge;"veterinary officer" means an officer in the service of the Government who is a veterinary surgeon.[30 of 1969]
3. Diseased animals to be separated and notification made
4. Power of Minister and others to make orders and declarations regarding infected areas, diseases and animals
5. Provisions for infected areas
6. Power of Minister to prohibit import or exportThe Minister may, by an order made under his hand which shall take effect immediately and be subsequently published in the Gazette, prohibit, either indefinitely, or for such time as he may think fit, or may regulate the importation into Malawi of all animals, or any specified numbers or kinds of animals, or of carcasses, hides, skins, horns, hoofs, hair, wool, semen, litter, dung or fodder, from all places outside Malawi or from any specified country, territory or port, or the exportation thereof from Malawi.
7. Quarantine stationsThe Minister may establish quarantine stations at such places as he may deem convenient, and may direct that any animals imported or in course of importation shall be placed therein for such period as he shall determine. The animals shall be placed in the quarantine stations in such manner, at such time, and subject to such supervision and be subjected to such tests, as the Minister shall direct, and shall be housed in sheds or other receptacles prepared by the Government or by the owners or consignees of the animals. All expenses incurred in connexion with the detention of such animals in quarantine shall be defrayed by the owners or consignees.
8. Power of Minister to make rulesThe Minister may make rules for the better carrying into effect of this Act and in particular for all or any of the following purposes–
9. SlaughterA veterinary officer may cause to be slaughtered any animal affected, or suspected of being affected, with any disease, or any animal which has been in contact with a diseased animal, or has been otherwise exposed to the infection or contagion of disease.
10. Disposal of carcasses
11. Indemnity and payment of compensationNo action shall lie against the Government or any officer thereof for any act done under this Act and no compensation shall be payable to any person for any such act unless the Minister otherwise directs:Provided that there shall be paid to the owner as compensation for any animal, other than a dog, slaughtered under this Act and not affected with disease at the time of slaughter, and in relation whereto the owner has not been guilty of any breach of this Act, the value of such animal immediately before it was slaughtered but so that the compensation shall not exceed such amount as the Minister may have fixed as the limit of compensation by rules made under section 8.
12. Power to enter and examineAn inspector may enter any land, building, shed, place, carriage, van, truck, other vehicle, vessel or aircraft containing or carrying or used for the purpose of containing or carrying animals, and may examine any animals found therein, for the purpose of ascertaining whether any such animal is suffering from disease or for the purpose of ascertaining whether any rules, orders, or directions as to cleansing and disinfecting, made under this Act, and for the time being in force, have been properly carried out.
13. Power to detain vehicles and vesselsWhere any inspector or police officer has reason to believe that this Act has not been or is not being complied with in a vehicle or on board a vessel in Malawi, he may detain such vehicle or vessel or cause it to be detained until the Minister or Chief Veterinary Officer otherwise directs.
14. Detention and arrestWhen any person is seen or found committing, or is reasonably suspected of being engaged in committing an offence against this Act, or any rule, notice, order or direction hereunder, an inspector or police officer may without warrant stop or detain him: and if his name and address be not known to the officer stopping or detaining him, and he fails to give such information to the satisfaction of such officer, such officer may without warrant arrest him.
15. ObstructionIf any person obstructs or impedes, or attempts to obstruct or impede, an inspector or police officer in the execution of his duty under this Act, he shall be guilty of an offence.
16. Seizure of animals, etc
17. Forfeiture when offender not found and disposal of forfeited animals
18. Complaints as to dogs
19. Damages for injuries by dogIn any action against the owner of a dog for damages in respect of injury done to any person or to any domestic animal or bird by that dog, it shall not be necessary for the person seeking such damages to show a previous propensity in the dog, or the owner’s knowledge of such previous propensity or to show that the injury was attributable to neglect on the part of the owner.
20. Presumption of ageIn any proceedings under this Act a dog or other animal shall be presumed to be over the age referred to in the particular provision under which proceedings are brought unless the contrary is proved.
21. Owner to produce dog for inspectionEvery owner of a dog shall produce his dog, under proper control, for inspection at the request of an inspector, or a police officer above the rank of sergeant.
22. PenaltiesA person guilty of an offence under this Act, for which no other penalty is prescribed, or who fails to comply with any rule, notice, order or direction hereunder, shall be liable for every such offence or failure to a fine of K200 and to imprisonment for six months; and any animals, carcass, litter, dung or fodder, in respect of which such offence has been committed may be forfeited.
History of this document
29 December 1967
21 December 1967