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CHAPTER 18:15
PIG INDUSTRY ACT
Acts 28/1959 (Federal), 15/1960 (Federal), 53/1964, 39/1973 (ss. 50 and 53), 58/1981, 3/1985, 26/1990,
29/1990, 22/2001 (s. 4); R.G.Ns. 805/1963, 214/1964, 462/1964, 217/1970, 236/1970, 825/1973.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
ESTABLISHMENT OFBOARD
3. Establishment of Board.
4. Appointment of members.
5. Disqualification for appointment as member.
6. Vacation of office of member.
7. Filling of vacancies on Board.
8. Meetings and decisions of Board.
9. Appointment of committees of Board.
10. Right of certain officers to attend meetings and take part in proceedings of Board and committees of Board.
11. Validity of Board’s decisions and acts.
12. Contracts and instruments of Board.
PART III
FINANCIAL PROVISIONS RELATING TO BOARD
13. Establishment and operation of general fund of Board.
14. Establishment and operation of general reserve account of Board.
15. Charges to revenue account of Board and investment of moneys in sinking funds.
16. Funds of Board.
17. Accounts of Board.
18. Appointment of auditors and audit of Board’s accounts.
19. Special duty of auditors.
PART IV
FUNCTIONS,DUTIESAND POWERS OF BOARD
20. Functions and duties of Board.
21. Powers of Board.
22. By-laws of Board.
23. Reports of Board.
24. Proceedings on failure of Board to comply with Act.
PART V
IMPOSITION AND COLLECTION OFLEVY ON PIGS
25. Application of Part V.
26. Imposition of levy on pigs.
27. Withdrawal or suspension of levy.
28. Establishment of Pig Levy Account.
29. Disposal of levy.
30. Summary judgment for levy in criminal proceedings.
31. Recovery of levy.
32. Legal costs of Minister.
PART VI
DEVELOPMENT OFPIG INDUSTRY INZIMBABWE
33. Certain pig carcasses to be graded throughout Zimbabwe.
34. Minister may define areas in Zimbabwe within which all carcasses to be graded.
35. Duties of Government graders.
36. Bacon factories to be licensed.
37. Applications for and issue of licences.
38. Extension of licences.
39. Conditions of licences.
PART VII
GENERAL
40. Appointment of Government graders and inspectors.
41. Regulatory powers of Minister.
42. Offences and penalties.
SCHEDULE: Powers of Board.
AN ACT to establish a Pig Industry Board; to define its functions, duties and powers; to provide for
the imposition and collection of levies on pigs produced in Zimbabwe; and to provide for the development
of the pig industry in Zimbabwe and for matters incidental thereto.
[Date of commencement: 1st February, 1960.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Pig Industry Act [Chapter 18:15].
2 Interpretation
In this Act—
“bacon” means any part of the carcass of a pig, excluding the feet and the offal and all parts of the head except
the chaps, which has been salted or smoked or salted and smoked or pickled and smoked;
“bacon factory” means premises where pig carcasses are dressed and cured for the making of bacon or ham
for sale or for export from Zimbabwe;
“Board” means the Pig Industry Board established in terms of Part II;
“committee of the Board” means a committee of the Board established in terms of subsection (1) of section
nine;
“dealer” includes—
(a) an auctioneer, broker, purchaser, seller or exporter of pigs or pig carcasses and a person engaged
in the pig industry as defined in paragraph (b) of the definition of pig industry or in any other
trade or industry in which pig carcasses are utilized or treated; and
(b) a marketmaster and a local authority;
and cognate expressions shall be construed by reference, amongst other things, to transactions or operations
such as are carried on by persons referred to in paragraph (a) of this definition;
“financial year” means the period of twelve months ending on the 30th June each year;
“Government grader” means a Government grader appointed in terms of subsection (1) of section forty and
includes a person exercising or performing any of the powers or duties of a Government grader conferred
or imposed upon him in terms of subsection (2) of that section;
“ham” has the meaning assigned to bacon;
“inspector” means an inspector appointed in terms of subsection (1) of section forty and includes a person
exercising or performing any of the powers or duties of an inspector conferred or imposed upon him in
terms of subsection (2) of that section;
“levy” means the levy prescribed in terms of section twenty-six;
“licence” means a licence issued in terms of section thirty-seven;
“member” means member of the Board;
“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;
“pig carcass” means the carcass or any part of the carcass of a pig;
“pig industry” includes anything and everything connected with—
(a) the production, handling, treatment, processing and preparation for market or for export from
Zimbabwe of pigs and pig carcasses; and
(b) the dressing and curing of pig carcasses for the making of bacon or ham;
“Pig Levy Account” means the Pig Levy Account established in terms of section twenty-eight;
“pig products” means pork, bacon, ham and other products for human consumption which are derived from
pig carcasses;
“producer” means a person who, by himself or by means of his agents or servants, produces pigs in Zimbabwe;
“regulation” includes an order or notice;
“Secretary” means the Secretary of the Ministry for which the Minister is responsible;
“sell” includes to exchange or dispose of for valuable consideration.
PART II
ESTABLISHMENT OFBOARD
3 Establishment of Board
There shall be a board to be known as the Pig Industry Board which shall be a body corporate capable of suing
and being sued in its corporate name and, subject to this Act, of doing all such acts as a body corporate may
by law perform.
4 Appointment of members
(1) The Board shall consist of seven members appointed by the Minister after consultation and in accordance
with any directions the President may give him.
(2) The Minister shall designate one member as chairman of the Board and one member as vice-chairman of
the Board.
(3) A member shall hold office for two years.
(4) A retiring member shall be eligible for reappointment.
(5) A member shall be paid out of the funds of the Board such remuneration and allowances as the Minister
may prescribe.
5 Disqualification for appointment as member
The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a
member who—
(a) has, in terms of a law in force in any country—
(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or
discharged; or
(ii) made an assignment to or arrangement or composition with his creditors which has not been
rescinded or set aside;
or
(b) has, within the period of five years immediately preceding the date of his proposed appointment, been
convicted—
(i) within Zimbabwe of a criminal offence; or
(ii) outside Zimbabwe of an offence, by whatever name called, which if committed within Zimbabwe
would have been a criminal offence;
and sentenced by a court to imprisonment for a term of six months or more, without the option of a fine,
whether or not such sentence has been suspended, and has not received a free pardon; or
(c) is a member of Parliament or was, at any time during the period of twelve months ending on the date of
his proposed appointment as a member, a member of Parliament.
6 Vacation of office of member
A member shall vacate his office and his office shall become vacant—
(a) one month after the date he gives notice in writing to the Minister of his intention to resign his office or
after the expiration of such shorter period as he and the Minister may agree; or
(b) thirty days after the date he is sentenced by a court to imprisonment referred to in paragraph (b) of
section five after conviction of an offence referred to in that paragraph:
Provided that if, during the said period of thirty days, an application for a free pardon is made or an
appeal is filed, the question whether the member is to vacate his office shall not be determined until the
final disposal of such application or appeal, whereupon the member shall forthwith vacate his office and
his office shall become vacant unless he is granted a free pardon, his conviction is set aside, his sentence
is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is
substituted; or
(c) if he becomes disqualified in terms of paragraph (a) or (c) of section five to hold office as a member; or
(d) if he is absent from three consecutive meetings of the Board of which he has had notice without the
permission of the chairman; or
(e) if, in the opinion of the Minister, he—
(i) is guilty of improper conduct as a member; or
(ii) is mentally or physically incapable of efficiently performing his duties as a member; or
(iii) does not, after the Board has, in terms of this Act, been ordered by the High Court to remedy a
default, take all possible steps to cause compliance to be made with the order; or
(iv) is concerned in, or participates in the profits of, any contract with or work done for the Board,
otherwise than as a member, unless—
A. the contract or work is entered into or done in the ordinary course of the business of the
Board; and
B. he receives no preferential treatment over or more advantageous terms than other members
of the public.
7 Filling of vacancies on Board
On the death of, or the vacation of office by, a member the Minister may appoint a person to fill the vacancy.
8 Meetings and decisions of Board
(1) The Board shall meet together for the dispatch of business and adjourn, close and otherwise regulate its
meetings and proceedings as it thinks fit.
(2) The chairman of the Board may himself at any time and shall, at the request in writing of four members,
convene a special meeting of the Board.
(3) A notice convening a special meeting of the Board shall state the purposes for which the meeting is to be
convened.
(4) If the chairman of the Board is prevented by illness, absence from Zimbabwe or other cause from exercising
his functions on the Board, the vice-chairman shall exercise the powers and fulfil the duties and functions of
the chairman.
(5) If the vice-chairman notifies the Minister in writing that he is unable to exercise the powers and fulfil the
duties and functions of the chairman as in subsection (4) is provided, the Minister may appoint a member, other
than the vice-chairman, to act as chairman of the Board and the member so appointed shall exercise the powers
and fulfil the duties and functions of the chairman.
(6) If at a meeting of the Board the chairman and the vice-chairman are absent and an acting chairman has
not been appointed in terms of subsection (5), the members present may elect one of their number to preside as
chairman at the meeting.
(7) Four members shall form a quorum at a meeting of the Board.
(8) All acts, matters or things authorized or required to be done by the Board may be decided by resolution of
a meeting at which a quorum is present.
(9) At all meetings of the Board each member present shall have one vote on a question before the Board
and, in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.
9 Appointment of committees of Board
(1) For the better exercise of the functions and powers and the performance of the duties of the Board, the
Board may, with the consent of the Minister, establish one or more committees of its members in whom may be
vested such of the Board’s functions, powers and duties as the Board, with the approval of the Minister, may
direct.
(2) The chairman of the Board may at any time and at any place convene a meeting of a committee of the
Board.
(3) The procedure of a committee of the Board shall be fixed by the Board.
(4) A committee of the Board shall have power to co-opt persons who are not members.
10 Right of certain officers to attend meetings and take part in proceedings of Board and committees
of Board
(1) Such officers of the Ministry, not exceeding two, as the Minister may designate shall, subject to subsection
(2), be entitled to—
(a) attend meetings of the Board or of a committee of the Board; and
(b) take part in the proceedings of the Board or of a committee of the Board;
as if they were members.
(2) An officer referred to in subsection (1) shall not have a vote on a question before the Board or a committee
of the Board.
11 Validity of Board’s decisions and acts
No decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of
the fact that—
(a) the Board did not consist of the full number of members for which provision is made in section four; or
(b) a disqualified person acted as a member at the time the decision was taken or the act was done or authorized;
if the decision was taken or the act was done or authorized by a majority of the persons who at the time were
entitled to act as members.
12 Contracts and instruments of Board
An agreement, contract or instrument may be entered into or executed on behalf of the Board by any person
or persons generally or specially authorized by the Board for the purpose.
PART III
FINANCIAL PROVISIONS RELATING TO BOARD
13 Establishment and operation of general fund of Board
The Board shall establish a general fund—
(a) into which all moneys received by the Board shall be paid in the first instance; and
(b) out of which all payments made by the Board shall be paid.
14 Establishment and operation of general reserve account of Board
(1) The Board may establish a general reserve account to which may be appropriated from any surplus of
revenue over expenditure such sums as the Minister may approve.
(2) Sums appropriated to the general reserve account in terms of subsection (1) may, with the approval of the
Minister, be used for such purposes as the Board may consider expedient for the proper exercise and performance
of its functions, powers and duties.
15 Charges to revenue account of Board and investment of moneys in sinking fund
(1) The Board shall charge to its revenue account all charges which in the normal conduct of business are regarded
as proper to be made to revenue account and, in so doing, shall make adequate annual provision, whether
by sinking fund or other proper means, for—
(a) the redemption of loans at due times; and
(b) interest on and all other charges and expenses incurred in connection with loans; and
(c) the depreciation or diminution in value of assets.
(2) Moneys in sinking funds established in terms of subsection (1) shall be invested in such manner as the
Minister, acting in consultation with the Minister responsible for finance, may approve.
16 Funds of Board
The funds of the Board shall consist of—
(a) any moneys granted for the purpose of developing the pig industry in Zimbabwe by any person or
authority which the person or authority directs shall be paid to the Board; and
(b) any moneys paid to the Board out of the Pig Levy Account; and
(c) any moneys paid to the Board by virtue of any enactment; and
(d) such other moneys or assets as may vest in or accrue to the Board, whether in the course of its operations
or otherwise.
17 Accounts of Board
The Board shall cause to be kept proper books of account and other records in relation thereto and to all its
operations, works and property.
18 Appointment of auditors and audit of Board’s accounts
(1) The Board shall, with the approval of the Minister, appoint one or more persons who are registered as
public auditors in terms of the Public Accountants and Auditors Act [Chapter 27:12], hereinafter referred to as the
auditors, to examine the accounts of the Board not less than once in each financial year.
(2) The Board shall produce and lay before the auditors all books and accounts of the Board, with all vouchers
in support thereof and all books, papers and writing in its possession or control relating thereto.
(3) The auditors shall be entitled to require from all members and all employees of the Board such information
and explanations as may be necessary for the performance of their duties as auditors.
(3a) Any member or employee of the Board who fails without just cause to comply with a requirement of an
auditor in terms of subsection (3) shall be guilty of an offence and liable to a fine not exceeding level four or to
imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection as inserted by section 4 of Act No. 22 of 2001]
(4) All expenses in connection with or incidental to an audit shall be borne and paid by the Board.
19 Special duty of auditors
It shall be the duty of the auditors, in addition to the ordinary duties of auditors, to certify not less than once in
each financial year whether or not—
(a) the accounts of the Board have been properly kept; and
(b) the accounts of the Board present a true and correct view of the financial position of the Board according
to the information and explanations given and the books and records produced to them; and
(c) the Board has complied with their requirements and recommendations.
PART IV
FUNCTIONS,DUTIESAND POWERS OF BOARD
20 Functions and duties of Board
The functions and duties of the Board shall be—
(a) to carry out pig research in Zimbabwe and to establish and operate pig litter testing stations; and
(b) to promote and advise the Minister on all matters relating to the production and marketing of pigs; and
(c) to do the things which this Act requires shall be done by the Board and, with the approval of the Minister,
to do such other things as are necessary in the opinion of the Board to assist the development of the
pig industry in Zimbabwe.
21 Powers of Board
(1) Subject to this Act, the Board may, with the approval of the Minister, do all or any of the things specified
in the Schedule.
(2) The Minister may approve the exercise by the Board of the power to do a thing specified in the Schedule
either generally or specially.
22 By-laws of Board
The Board may make by-laws for the good government and conduct of the business of the Board, the conditions
of service of the employees of the Board and any other matter in the opinion of the Board necessary or
convenient to be provided for the carrying on of the operations of the Board.
23 Reports of Board
(1) In addition to the annual report which the Board is required to submit to the Minister in terms of section
44 of the Audit and Exchequer Act [Chapter 22:03], the Board—
(a) may submit to the Minister such other reports as the Board considers advisable; and
(b) shall submit to the Minister such other reports as the Minister may require;
in regard to the pig industry in Zimbabwe and the operations of the Board.
(2) The Minister may lay a report submitted to him by the Board in terms of subsection (1) before Parliament.
24 Proceedings on failure of Board to comply with Act
(1) If at any time it appears to the Minister that the Board has failed to comply with this Act, he may, by notice
in writing, require the Board to make good the default within a specified time.
(2) If the Board fails to comply with a notice referred to in subsection (1), the Minister may apply to the High
Court for an order compelling the Board to remedy the default and the High Court may make such order on the
application as it thinks fit.
PART V
IMPOSITION AND COLLECTION OFLEVY ON PIGS
25 Application of Part V
This Part shall not apply in relation to pigs which are—
(a) subject to a levy imposed in terms of the District Development Fund Act [Chapter 29:06]; or
(b) produced by a producer and consumed by him, members of his household or his employees.
26 Imposition of levy on pigs
(1) Subject to this Act, there shall be a levy at such rate as the Minister may prescribe on all pigs produced
and slaughtered, and such levy may be based upon—
(a) the dead mass of the pigs; or
(b) a percentage of the gross return to the producer of the pigs; or
(c) a percentage of the price paid to the producer of the pigs.
(2) The Minister shall prescribe the persons who shall be responsible for the payment of the levy and the persons
who shall be responsible for the collection and remittal of the levy and the manner in and the times at which
the levy shall be paid, collected and remitted.
(3) The levy shall be remitted to the Secretary.

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