- Is amended by Stock Brands Amendment Act, 2001
- Is commenced by Commencement of Stock Brands Act, 1995
Stock Brands Act, 1995
Act 24 of 1995
- Published in Government Gazette no. 1227 on 29 December 1995
- Assented to on 15 December 1995
- Commenced on 9 April 1999 by Government Notice of 1999
- [This is the version of this document from 5 July 2001 and includes any amendments published up to 6 October 2022.]
- [Amended by Stock Brands Amendment Act, 2001 (Act 7 of 2001) on 5 July 2001]
1. DefinitionsIn this Act, unless the context otherwise indicates -“authorized person” means any person authorized under section 13 to exercise or perform the powers, duties and functions contemplated in that section;“brand”, used as a noun, means a mark made or placed on any stock for any purpose or a representation of a mark intended to be made or placed on any stock, excluding a mark declared not to be a brand under section 2;“brand”, used as a verb, means make or place a brand on any stock;“branding iron” means an instrument used or intended to be used for branding stock;“member of the Police” means a member as defined in section 1 of the Police Act, 1990 (Act 19 of 1990);“Minister” means the Minister of Agriculture, Water and Rural Development;“Ministry” means the Ministry of Agriculture, Water and Rural Development;“owner”, in relation to a registered brand, means the person in whose name such brand is registered;“prescribed” means prescribed by regulation made under section 20;“registered” means registered in terms of this Act, and “registration” has a corresponding meaning;“Registrar” means the Registrar of Brands referred to in section 3(1);“stock” means cattle and any other animal declared as stock under section 2;“stock brand area” means a stock brand area defined under section 5(2);“this Act” includes a regulation made or notice issued under this Act.
2. Minister’s powers in relation to certain stock and brandsThe Minister may by notice in the Gazette declare -
3. Registrar of BrandsThe Director: Veterinary Services in the Ministry shall be the Registrar of Brands, and shall, subject to the control of the Minister, exercise or perform the powers, duties and functions conferred upon or assigned to the Registrar by or under this Act.
4. Register of brandsThe Registrar shall keep a register of all brands registered under this Act.
5. Prescribed brands
6. Application for registration of brand
7. Branding of stock
8. Transfer of registration of brand
9. Transfer or cancellation of registration of brand after death of owner
10. Cancellation of brand for disuse and cancellation at request of owner
12. Notification of change of addressIf the owner of a registered brand changes his or her address, he or she shall within 14 days after such change, notify the Registrar in writing of his or her new address.
13. Authorized persons and investigations
14. AppealsA person aggrieved by a decision of the Registrar under this Act may, within 60 days after the date of such decision, appeal to the Minister against such decision.
15. Duties and powers of poundmaster
16. Prohibited branding of stockNo person shall -
17. Offences and penalties
18. Proof of certain factsIn any legal proceedings a certificate purporting to have been issued by the Registrar regarding the registration or the transfer or cancellation of the registration of a brand in terms of this Act, or the ownership of a registered brand, shall upon production in such proceedings be prima facie proof of the facts certified therein.
19. Restriction of liabilityNo person, including the State, shall be liable in respect of anything done in good faith in the exercise or performance of a power or duty conferred or imposed by or under this Act.
20A. Branding of animals other than stockNotwithstanding the other provisions of this Act, the Minister may, by regulations and for the purpose specified by the Minister, require an owner of any kind of animal, not being stock, to brand that animal, in the prescribed matter, for that particular purpose.[section 20A inserted by Act 7 of 2001]
21. Brands provided for in other laws
21A. Power of Minister to enter into AgreementsThe Minister may enter into a written Agreement with any person to perform a particular act or render a particular service in respect of any matter to the functions of the Registrar.[section 21A inserted by Act 7 of 2001]
22. Delegation of powers
23. State boundThis Act shall bind the State.
24. Repeal of lawsThe laws specified in column 2 of the Schedule are hereby repealed to the extent set out in column 3 thereof.
25. Short title and commencement
History of this document
05 July 2001 this version
Amended by Stock Brands Amendment Act, 2001
09 April 1999
29 December 1995
Published in Government Gazette number 1227
15 December 1995
Cited documents 2
Documents citing this one 4
- Mbaisa v Minister of Safety and Security and Another (I 179 of 2015)  NAHCMD 240 (16 July 2019)
- Meroro v Meroro (19 of 2017)  NAHCMD 185 (11 July 2017)
- Namibia Grape Growers and Exporters Association and Others v Ministry of Mines and Energy and Others (SA 14 of 2002)  NASC 6 (25 November 2004)
- Neumann v S (Appeal Judgment) (HC-MD-CRIMINALI-APP-CAL 32 of 2019)  NAHCMD 453 (1 November 2019)