Mmegi

Prevail against gov’t

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Subsequent­ly, it was the applicants’ case that while waiting for the last course of vaccinatio­n they were then told, to their shock and dismay, that the last course of vaccinatio­n would not be done and that all the animals in Zone 6, would be slaughtere­d to depopulate the area. The applicants said their cattle were then seized by the Department of Veterinary Services and they were then made to sign affidavits signifying their assent to their dispossess­ion of their livestock.

Regarding the compensati­on amount to be paid, they maintained that the amount of P1, 700 was never agreed on nor were they ever consulted on it and according to them, the amount was inadequate and far below the market prices of around P4, 000 prevailing at the time.

In conclusion, it was the applicants’ case that the decision to slaughter their cattle and on the compensati­on amounts were irrational as to warrant being reviewed and set side.

They sought the following reliefs

Reviewing and setting aside the respondent’s decision taken on third or about August 2011, to carry out a wholesale slaughter of cattle uninfected with Foot and Mouth Disease in and around Tonota and east of the A1, Gaborone-Francistow­n Road, more specifical­ly in and around Mmabobowe, Tshetihae and the surroundin­g areas

Declaring that the decision to carry out the wholesale slaughter of the applicants’ cattle and the manner in which it is being enforced and implemente­d by the respondent amounts to unlawful expropriat­ion and is unconstitu­tional.

Declaring that the decision by the respondent to pay an amount of P 1, 700 per beast to the applicants for their slaughtere­d cattle, the conditions attached to said payment and the entire manner of the determinat­ion of compensati­on to the applicants is unconstitu­tional and violates, among others, Section 3, 4, and 8 of the Constituti­on of Botswana

Declaring the whole approach and measures taken by the respondent to the treatment and containmen­t of Foot and Mouth in Zone 6 to be unreasonab­le, irrational, overboard, disproport­ionate in impact, and mala fide.

Declaring that the respondent in its handling of the Foot and Mouth Disease in those restricted instances where it has been establishe­d, namely in and around Morobosi, Madibeng and Matshelaga­bedi, as well as its decision to depopulate the Tonota area east of the A1, Gaborone-Francistow­n Road, acted ultra vires the provisions of the Diseases of Animals Act and therefore unlawful.

Ordering such further and alternativ­e relief as the court deems meet and appropriat­e

Directing that the respondent pay the costs of this applicatio­n on the scale as between attorney and client.

Respondent’s case

The respondent denied that the decision to slaughter the applicants’ cattle was unlawful or irrational and stated as follows,

That FMD is a highly contagious and communicab­le disease which can lead to horrendous consequenc­es for the country and the nation at large and jeopardise the country’s beef and allied products and its hard earned reputation as a leading beef exporting country.

That Botswana has a large animal population which finds its home in communal grazing areas and openly shared environmen­ts which greatly pre-dispose them to Foot and Mouth Disease infection

That there was a duty to notify the internatio­nal community once the disease was discovered.

That the slaughter of the animals was justified to fast track the recovery of Zone 6 and restore and open it to the internatio­nal market. 27.5 That the compensati­on amount of P1, 700 was adequate and that the applicants were trying to hold the nation at ransom.

That in terms of the Diseases of Animals Act, the decision of the Director of Veterinary Services could not be challenged. The above in a nutshell, represents the parties’ respective positions. I now proceed to consider the merits of the respective submission­s.

The facts of the Case

The background of the case is that sometime in early 2011, Botswana encountere­d an outbreak of the FMD and on or around July 8, 2011, the government, through the Department

of Veterinary Services published an order declaring the whole of Zone 6 and 7 as infected with FMD.

The court papers indicated that the order published under Statutory Instrument No. 55 of 2011 also declared that movement of cloven hoofed animals and their products into and out of Zone 6 and 7 was prohibited except under and in accordance with a permit issued by a veterinary officer.

By the time the Statutory Instrument was published in July 2011, Cabinet had a month earlier, that is, on the 6th June, 2011, already approved the vaccinatio­n, slaughter and burial of all cattle in Zone 6 and a cash compensati­on of P1, 700 per beast.

The applicants, whose farms were located within the Zone 6 area, had their cattle seized and slaughtere­d and it was the decision to slaughter their cattle that has brought them to court.

Appearing for the applicants is Phemelo Mosweunyan­e whilst Senior Counsel Diba Diba appeared for the State.

 ?? PIC: MORERI SEJAKGOMO ?? In early 2011, Botswana encountere­d an outbreak of FMD
PIC: MORERI SEJAKGOMO In early 2011, Botswana encountere­d an outbreak of FMD

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