GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$2.00 WINDHOEK - 9 September 2005 No. 3496 CONTENTS Page Act, 2005 (Act No.1 0 of '''' ..................... GOVERNMENT No. III NOTICE of Animal Diseases and Parasites Amendment ""'"'' '''''''''''' Promulgation 2005), of the Parliament Government Notice OFFICE OF THE PRIME MINISTER No. 111 PROMULGATION OF ACT OF PARLIAMENT 2005 The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 ofthat Constitution. No. 10 of 2005: Animal Diseases and Parasites Amendment Act, 2005. 2 Act No. 10,2005 Government Gazette 9 September 2005 No. 3496 ANIMAL DISEASES AND PARASITES AMENDMENT ACT, 2005 EXPLANATORY NOTE: Words underlined with a solid line indicate insertions in existing provisions. Words in bold type in square brackets indicate omissions from existing provisions. ACT To amend the Animal Diseases and Parasites Act, 1956, so as to redefine certain expressions; to prohibit the searching of the homes of individuals without a warrant; to increase penalties; and to provide for matters connected therewith. (Signed by the President on 22 August 2005) BE IT ENACTED by the Parliament of the Republic of Namibia, as follows:Amendment of section 1 of Act No. 13 of 1956, as amended by section 1 of Act No. 18 of 1967, section 1 of Act No. 51 of 1969, section 1 of Act No. 46 of 1970, section 1 of Act No.9 of 1973 and section 1 of Act No.3 of 1996 1. (a) Section 1 of the Animal Diseases and Parasites Act, 1956, is amended - by the substitution for the definition of "Minister" of the following defmition: " 'Minister' means the Minister responsible for agriculture;"; (b) by the substitution for the definition of "Ministry" of the following defmition: " 'Ministry' means the Ministry charged with the administration of affairs relating to agriculture;"; and (c) by the substitution for the defmition of "Permanent Secretary" of the following definition: " 'Permanent Secretary' means the Permanent Secretary of the Ministry;". Amendment of section 19 of Act No. 13 of 1956, as amended by section 8 of Act No. 51 of 1969 and section 9 of Act No.3 of 1996 2. Section 19 of the Animal Diseases and Parasites Act, 1956, is amended by the insertion after subsection (1) of the following subsection: "(lA) (a) No search ofthe home of any person shall be carried out under the provisions of subsection (1) unless such search is authorised by search warrant which has been issued by a magistrate or a judge 0 the High Court upon information on oath that (i) - there are reasonable grounds for believing that any animal, parasite, infectious thing or other thing or the progeny of an animal, parasite or infectious thing referred to in that subsectio is in or at such home within the area of jurisdiction of tha magistrate or judge; and No. 3496 Act No. 10, 2005 Government Gazette 9 September 2005 ANIMAL DISEASES AND PARASITES AMENDMENT ACT, 2005 3 (ii) such search is necessary for any purpose referred to in article 13(1) of the Namibian Constitution: Provided that this paragraph shall not be so construed as to prohibi the carrying out of any such search without a warrant in th circumstances contemplated in Article 13(2)(b) of the Namibia Constitution. (b) (i) A search warrant issued in terms of paragraph (a) shall be executed by day, unless the person who issues the warrant authorises the execution thereof by night, at times which shal be reasonable. A search of any home under such search warrant shall b conducted with strict regard to decency and order, includin the protection of a person's right to respect for human digni and to privacy. (ii) (c) A search warrant under paragraph (a) may be issued on any day an shall be of force until (i) it is executed; or it is cancelled by the person who issued it, or if such person i not available, by any person with similar authority; or (ii) (iii) (iv) the expiry of one month from the date of its issue; or the purpose for which the warrant was issued, no longer exists, whichever may occur first. (d) To the extent that the provisions of this subsection provide for limitation of the fundamental right to privacy contemplated in Sub Article (1) of Article 13 of the Namibian Constitution, in that the authorise interference with the privacy of a person's home, suc limitation is enacted on the authority of Sub-Article (2) of the sai Article 13.". Amendment of section 28 of Act No. 13 of 1956, as amended by section 3 of Act No. 18 of 1967, section 12 of Act No. 51 of1969, section 3 of Act No.9 of 1973 and section 9 of Act No.3 of 1996 3. Section 28 of the Animal Diseases and Parasites Act, 1956, is amended by the substitution for paragraphs (i) and (ii) of subsection (1) of the following paragraphs: "(i) in the case of an offence referred to in paragraph (a) to a fine not exceeding N$ 1 000 000 or to imprisonment for a period not exceeding [five] ten years or to both such fine and such imprisonment; and in the case of an offence referred to in any other paragraph of subsection (1), if it is - (ii) 4 Act No. 10,2005 (aa) Government Gazette 9 September 2005 No. 3496 ANIMAL DISEASES AND PARASITES AMENDMENT ACT, 2005 a first conviction under this Act, to a fine not exceeding [one thousand rand] N$20 000 or [,in default of payment,] to imprisonment for a period not exceeding [six months] one year or to both such fine and such imprisonment [, or, in the case of an offence referred to in paragraph (b) of this subsection, or of a contravention of, or failure to comply with, the provisions of section 2(1), 3(c) or (e), 7, 8 or 9, to such fine or to such imprisonment without the option of a fine or to both such fine and such imprisonment]; a second conviction under this Act, to a fine not exceeding [two thousand rand] N$40 000 or to imprisonment for a period not exceeding [one year] two years, or to both such fine and such imprisonment; a third or subsequent conviction under this Act, to a fine not exceeding [five thousand rand] N$IOO 000 or to imprisonment for a period not exceeding [two] five years, or to both such fine and such imprisonment." . (bb) (cc ) Short title 4. This Act is called the Animal Diseases and Parasites Amendment Act, 2005.