The Sunday News
IN what could prove to be a major cattle auctioning scandal in the country, local authorities and some police officers are allegedly conniving to auction branded cattle which would have been impounded as stray animals, instead of returning them to their owners. Under the Stock Trespassers Act of 1991, local authorities are empowered to impound and auction stray animals in the event that the owners of the animals cannot be located.
However, if the owners of the impounded animals are found, council should fine the owners and return the animals.
Auctioning of the animals can only be done after prior public notice and clearance from police.
It has, however, emerged that some police officers are proceeding to approve that the local authorities conduct auctions of branded cattle, which would have been reported missing by their owners.
At law, branded cattle cannot be auctioned as the new branding system allows for authorities to quickly identify owners of the stray animals and duly return the property.
Investigations by Sunday News have also revealed that some council officials and corrupt police officers were the ones who benefit from the auctions as they buy the cattle at very low prices.
Mr Obert Moyo from Nyamandlovu claims to have had nine of his branded beasts auctioned by Umguza Rural District Council despite having reported his cattle missing in November 2012.
What raises eyebrows in Mr Moyo’s case is that when his cattle were found, police officers in the area did trace them back to him using the branding on the animals, but instead went on to approve that the council conduct an auction.
Mr Moyo is seeking reimbursement for his property from council with police already having acknowledged the error and instructed the local authority to reimburse him.
Mr Moyo is not the only farmer who has lost branded cattle through police approved council auctions.
Several other farmers in Nyamandlovu also claim to have fallen victim to the same connivance by corrupt police officers and local authorities, with one farmer claiming to have lost 15 branded beasts.
“The auctioning of branded cattle as stray animals is not a new phenomenon. Last year I lost 15 beasts and I was later told that they were auctioned,” said the farmer who requested anonymity.
Although figures for the total number of auctioned livestock could not be obtained, the Bulawayo City Council alone has impounded 39 cattle, 73 donkeys, 28 goats and 15 sheep since January.
Zimbabwe Local Government Association chief executive officer, Mr Rodgers Mozhenty, said the tracing of livestock owners was the sole responsibility of the police.
“Each council has its own by-laws which they use to determine what action they take on stray animals. The Pounds Act gives local authorities the power to impound stray animals after which they should advertise in the Press and get police clearance before auctioning.
“If branded animals are auctioned it becomes a police issue because they are the ones responsible for identifying owners of branded cattle. When council impounds a beast it liaises with police who then use the brand to trace the owner of the animal. If the owner is not traceable then council can proceed with advertising then auctioning,” Mr Mozhenty said.
National Anti-Stock Theft co-ordinator, Senior Assistant Commissioner Benard Dumbura, said auctioning of branded animals was criminal and any members of the force and local authorities guilty of such would be duly sanctioned.
“The whole purpose of branding cattle is to allow authorities to quickly trace them back to their owners in the case of cattle having been stolen or strayed. It takes us not more than 20 minutes to trace owners of stray branded cattle.
“It is not normal for branded cattle to be auctioned. I’m surprised that such reports are emerging. We don’t want such cases and if police are indeed involved those are rogue officers who should be flushed out of the system.
“We will look into the matter and see if indeed it is true that branded cattle are being auctioned or they are just unsubstantiated claims from farmers,” he said.
Deputy Minister of Agriculture (Livestock), Cde Paddy Zhanda, said it was not normal for branded animals to be auctioned and called for thorough investigations into the manner stray cattle auctions were being conducted.
Cde Zhanda said the law did not allow local authorities to auction branded stray cattle but empowered councils to impound the animals and trace their owners using the branding to fine them.
“I think that is an anomaly that needs to be investigated. Once cattle have been branded it is easy for police to identify the owner. I don’t see how it becomes necessary to auction branded cattle when the owners can easily be found.
“The Stock Trespassers Act gives council power to impound animals that would have strayed into restricted areas and find the owners then fine them. The only way council can auction the animals is when the owners can’t be identified, but in the case of branded cattle it is impossible not to identify the owner,” he said.
Deputy president of the Chiefs Council, Chief Mtshana Khumalo, criticised Umguza Rural District Council for not following procedure in auctioning Mr Moyo’s cattle, saying if proper channels had been followed, the farmer would not have lost his cattle.
“Normally there is a committee made up of police and villagers, and it is that committee that deals with such cases. What the local authority should have done was to engage that committee first before rushing to auction the cattle.
“There is also an option of approaching the local chief on such issues who can also assist in identifying the owner of stray cattle. What this farmer should do is engage police and council so that he can be reimbursed his property,” said the traditional leader.
Umguza Environmental Officer, Ms Linda Maphosa, said the council was going to reimburse Mr Moyo as they were guided by the Stock Trespassers Act of 1991.
