ANIMALS PROTECTION ACT
NO. 71 OF 1962
(ASSENTED TO 16 JUNE, 1962)
(DATE OF COMMENCEMENT : 01 DECEMBER 1962)
(Afrikaans text signed by the State
President)
as amended by
General Law Amendment Act no. 102 of 1972
(with effect from 05 July 1972 - see title GENERAL LAW AMENDMENT ACTS)
Animals Protection Amendment Act, No. 7 of 1972
Animals Protection Amendment Act, No. 54 of 1983
Animals Protection Amendment Act no. 20 of 1985
Animals Protection Second Amendment Act, No. 84 of 1985
Protection of Animals Amendment Act, No.7 of 1991
Animal Matters Amendment Act, No. 42 of 1993
ACT
To consolidate and
amend the laws relating to the prevention of cruelty to animals.
1. DEFINITIONS
In this Act, unless the content otherwise indicates:
"animals"
means any equine, bovine, sheep, goat, pig, fowl, ostrich, dog, cat, or other
domestic animal or bird, or any wild animal, wild animal, wild bird or
reptile which is in captivity or under control of any person.
"Minister"
means the Minister of Justice.
"owner" in
relation to an animal, includes any person having the possession, charge,
custody or control of that animal.
"police
officer"Includes a member of any force established under any law for the
carrying out of police powers, duties or functions.
"veterinarian"
means a person registered as such under the Veterinary and Para-Veterinary
Professions Act, 1982. (Act No. 19 of 1982)
2. OFFENCES IN RESPECT
OF ANIMALS - (1) Any person who:
(a )overloads,
overdrives, overrides, ill-treats, neglects, infuriates, tortures or maims or
cruelly beats, kicks, goads or terrifies any animal; or
(b) confines, chains,
tethers or secures any animal unnecessarily or under such conditions or in
such a manner or position as to cause that animal unnecessary suffering or in
any place which affords inadequate space, ventilation, light protection or
shelter from heat, cold or weather; or
(c) unnecessarily
starves or under-feeds or denies water or food to any animal; or
(d) lays or exposes
any poisoned fluid or edible matter or infectious agents except for the
destruction of vermin or marauding domestic animals or without taking
reasonable precautions to prevent injury or disease being caused to animals;
or
(e) being the owner of
any animal, deliberately or negligently keeps such animal in a dirty or
parasitic condition or allows it to become infected with external parasites
or fails to render or procure veterinary or other medical treatment or
attention which he is able to render or procure for any such animal in need
of such treatment or attention, whether through disease, injury, delivery of
young or any other cause, or fails to destroy or cause to be destroyed any
such animal which is so seriously injured or diseased or in such a physical
condition that to prolong its life would be cruel and would cause such animal
unnecessary suffering; or
(f) uses on or
attaches to any animal any equipment, appliance or vehicle which causes or
will cause injury to such animal or which is loaded, used or attached in such
a manner as will cause such animal to be injured or become diseased or to
suffer unnecessarily; or
(g) save for the
purpose of training hounds maintained by a duly established and registered
vermin club in the destruction of vermin, liberates any animal in such a
manner or place as to expose it to immediate attack or danger of attack by
other animals or by wild animals, or baits or provokes any animal or incites
any animal to attack another animal; or
(h) liberates any bird
in such a manner as to expose it to immediate attack or danger of attack by
animals, wild animals or wild birds; or
(i) drives or uses any
animal which is so diseased or so injured or in such a physical condition
that it is unfit to be driven or to do any work; or
(j) lays any trap or
other device for the purpose of capturing or destroying any animal, wild
animal or wild bird the destruction of which is not proved to be necessary
for the protection of property or for the prevention of the spread of
disease; or
(k) having laid any
such trap or other device fails either himself or through some competent
person to inspect and clear such trap or device at least once each day; or
(l) except under the
authority of a permit issued by the magistrate of the district concerned,
sells any trap or other device intended for the capture of any animal,
including any wild animal (not being a rodent) or wild bird, to any person
who is not a bona fide farmer; or
(m) conveys, carries,
confines, secures, restrains or tether any animal
(i) under such
conditions or in such a manner or position or for such a period of time or
over such a distance as to cause that animal unnecessary suffering; or
(ii) in conditions
affording inadequate shelter, light or ventilation or in which such animal is
excessively exposed to heat, cold, weather, sun, rain, dust exhaust gases or
noxious fumes; or
(iii) without making
adequate provision for suitable food, potable water and rest for such animal
in curcumstances where it is necessary; or
(n) without reasonable
cause administers to any animal any poisonous or injurious drug or substance;
or
(o) (Para. (o) deleted
by s.2 of Act No. 42 of 1992,)
(p) being the owner of
any animal, deliberately or without reasonable cause or excuse, abandons it,
whether permanently or not in curcumstances likely to cause that animal
unneccessary suffering; or
(q) causes, procures
or assists in the commission or omission of any of the aforesaid acts or,
being the owner of any animal, permits the commission or omission of any such
act; or
(r) by wantonly or
unreasonably or negligently doing or omitting to do any act or causing or
procuring the commission or omission of any act, causes any unnecessary
suffering to any animal; or
(s) kills any animal
in contravention of a prohibition in terms of a notice published in the Gazette
under subsection (3) of this section.
shall, subject to the
provisions of this Act and any other law, be guilty of an offence and liable
on conviction to a fine not exceeding R4 000 or in default of payment to
imprisonment for a period not exceeding twelve months or to such imprisonment
without the option of a fine, or, where any such act or omission is of a
wilful and aggravated nature, to a whipping not exceeding six strokes or to
both such a fine and such a whipping or to both such imprisonment without the
option of a fine and such a whipping.
(2) For the purposes
of sub-section (1) the owner of any animal shall be deemed to have permitted
or procured the commission or omission of any act in relation to that animal
if by the exercise of reasonable care and supervision in respect of that
animal he could have prevented the commission or omission of such act.
(3) The Minister may
by notice in the Gazette prohibit the killing of an animal specified in the
notice with the intention of using the skin or meat or any other part of such
animal for commercial purposes.
2A.Animal fights - (1)
Any person who -
(a) possesses, keeps,
imports, buys, sells, trains, breeds or has under his control an animal for
the purpose of fighting any other animal;
(b) baits or provokes
or incites any animal to attack another animal or to proceed with the
fighting of another animal;
(c) for financial gain
or as a form of amusement promotes animal fights;
(d) allows any of the
acts referred to in paragraphs (a) to (c) to take place on any premises or
place in his possession or under his charge or control;
(e) owns, uses or
controls any place or premises or place for the purpose or partly for the
purpose of presenting animal fights on any such premises or place or who acts
or assists in the management of any such premises or place, or who receives
any consideration for the admission of any person to any such premises or
place; or
(f) is present as a
spectator at any premises or place where any of the acts referred to in
parabgraphs (a) to (c) is taking place or where preparations are being made
for such acts.
shall be guilty of an
offence and liable on conviction to a fine or imprisonment for a period not
exceeding two years.
(2) In any prosecution
in terms of subsection (1) it shall be presumed, unless the contrary is
proved, that an animal which is found at any premises or place is the
property or under the control of the owner of that premises or place, or is
the property or under the control of the person who uses or is in control of
the premises or place.
(3) Notwithstanding
anything to the contrary contained in any law, a magistrate's court shall
have jurisdiction to impose any penalty provided for in this section.
3.Powers of court -
(1) Whenever a person is convicted of an offence in terms of this Act in
respect of any animal, the court convicting him may in addition to any
punishment imposed upon him in respect of that offence -
(a) order such animal
to be destroyed if in the opinion of the court it would be cruel to keep such
animal alive;
(b) order that the
person convicted be deprived of the ownership of such an animal;
(c) declare the person
convicted to be unfit to own or be in charge of any animal, or of any animal
of a specified kind, for a specified period;
(d) make any order
with regard to such animal as it deems fit to give effect to any order or
declaration made under any of the preceding paragraphs.
(2) Any person who is
found in possession or in charge of any animal in contravention of a
declaration made in terms of paragraph (c) of sub-section (1), shall be
guilty of an offence and liable on conviction to the penalties prescribed in
subsection (1) of section two.
4.Power of court to
award damages - (1) Whenever any person is convicted by a magistrate's court
of an offence under this Act and it is proved that such person has by the
commission of that offence caused loss to any other person or that may other
person has as the result of such offence incurred expense in providing
necessary veterinary attention or treatment, food or accommodation for any
animal in respect of which the offence was committed or in caring for such
animal pending the making of an order by the court for the disposal thereof,
the court may, on application by such other person or by the person
conducting the prosecution acting on the instructions of such other person,
summarily enquire into and determine the amount of the loss so caused or
expense so incurred and give judgement against the person convicted and in
favour of such for the amount so determined, but not exceeding an amount of
R5 000.
(2) Any such judgement
shall have effect as if it had been given in a civil action duly instituted
before such court.
(3) The provisions of
sub-sections (1) and (2) shall mutatis mutandis apply in respect of -
(a) any costs incurred
in connection with the custody of an animal seized in terms of the Criminal
Procedure Act, 1977 (Act No. 51 of 1977), for the purposes of a prosecution
in terms of this Act; and
(b) any costs incurred
in connection with the destruction of an animal in terms of an order under
paragraph (1) of sub-section (1) of section three and the removal and burial
or destruciton of the carcass.
5.When police officer
may destroy any animal - (1) Whenever a police officer is of the opinion that
any animal is so diseased or severely injured or in such a physical condition
that it ought to be destroyed, he shall, if the owner be absent or refuses to
consent to the destruction of the animal, at once summon a veterinarian or,
if there is no veterinarian within reasonable distance, two adult persons
whom he considers to be reliable and of sound judgement, and if such
veterinarian or adult person after having duly examined such an animal
certify that the animal is so diseased or so severely injured or in such a
physical condition that it would be cruel to keep it alive, such police
officer may without the consent of the owner destroy the animal or cause it
to be destroyed with such instruments or appliances and with such precautions
and in such a manner as to inflict as little suffering as practicable.
(2) Any police officer
who destroys any animal or causes it to be destroyed in the absence of the
owner shall, if such owner's name and address are known, advise him of the
destruction, and where the destruction of any animal takes place on any place
or public road shall, subject to the provisions of the Animal Disease Act,
1984 (Act No 35 of 1984), remove the carcass or cause it to be removed
therefrom.
(3) A veterinarian may
in respect of any animal exercise the powers conferred by subsection (1) upon
a police officer without summoning another veterinarian, police officer or
any other person, and in respect of such of exercise of those powers the
provisions of sub-section (2) shall apply.
(4) Any expenses which
may reasonably incurred by any police officer or veterinarian in carrying out
the provisions of this section may be recovered from the owner of the animal
in question as a civil debt.
(5) It shall be a
defence to an action brought against any person arising out of the
destruction of any animal by him or with his authority, to prove that such
animal was so severely injured or so diseased or in such a physical condition
that it would have been cruel to have kept it alive, and that to summon a
police officer or follow the procedure prescribed in this section would have
occasioned unreasonable delay and unnecessary suffering to such animal.
6.Poundmaster may
recover expenses - Any poundmaster shall be entitled to recover from the owner
of any impounded animal any reasonable expenses necessarily incurred by him
in rendering or providing veterinary or medical attention for such animal.
7.Owner may be
summoned to produce animal for inspection by the court - (1) A court trying
any person for an alleged offence under this Act may sommon the owner of that
animal in respect of which such offence is alleged to have been committed to
produce that animal at a time and place stated in the summons for inspection
by the court.
(2) Any person who without
satisfactory excuse fails to comply with a summons issued in terms of
sub-section (1) shall be guilty of an offence and liable on conviction to the
penalties prescribed in sub-section (1) of section two.
8.Powers of officers
of society for prevention of cruelty to animals - (1) If authorized thereto
by writing under the hand of the magistrate of a district, any officer of any
society for the prevention of cruelty to animals may in that district -
(a) without warrant
and at any time with the consent of the owner or occupier, or failing such
consent on obtaining an order from a magistrate, enter any premises where any
animal is kept, for the purpose of examining the conditions under which it is
so kept;
(b) without warrant
arrest any person who is suspected on reasonable grounds of having committed
an offence under this Act, if there is reason to believe that the ends of
justice would be defeated by the delay in obtaining a warrant;
(c) on the arrest of
any person on a charge of an offence under this Act, seize any animal or
thing in the possession or custody of that person at the time of the arrest
and take it forthwith to a police officer, who shall deal with it in
accordance with the provisions of the Criminal Procedure Act, 1977 (Act No.
51 of 1977);
(d) exercise in
respect of any animal the powers conferred by sub-section (1) of section five
upon a police officer and in respect of such exercise of those powers, the
provisions of the said section shall mutatis mutandis apply.
(2) Any authority granted
under sub-section (1) may at any time for good cause be revoked by the
magistrate of the district.
(3) An officer to whom
authority has been granted under sub-section (1) shall, when required to do
so in the exercise of his powers, produce that authority for inspection.
(4) Any person who
wilfully obstructs, hinders or resists an officer authorized under
sub-section (1) in the exercise of the power conferred upon him or conceals
any animal or thing with an intent to defeat the exercise of such powers, or
who upon demand fails to give his name and address to such officer, shall be
guilty of an offence and liable on conviction to the penalties set out in
sub-section (1) of section two.
9.Costs may be awarded
against vexatious complainant - If at the trial of any person on a charge of
an offence under this Act, the court is satisfied that any person or body has
without reasonable cause and vexatiously lodged or caused to be lodged the
compliant which led to such trial, it may award costs, including attorney and
client costs, on the magistrate's court scale, against such person or body as
if the proceedings were civil proceedings between the accused and such person
or body.
10.Regulations - (1)
The Minister may make regulations relating to -
(a) the method and
form of confinement and accommodations for any animal or class, species or
variety of animals, whether travelling or stationary;
(b) any other
reasonable requirements which may be necessary to prevent cruelty to or
suffering of any animal;
(c) the seizure,
impounding, custody or confining of any animal due to any condition of such
animal, the disposal or destruction of such animal and the recovery of
expenses incurred in connection therewith from the owner of such animal; and
(d) generally such matters
as are required for the better carrying out of the objects and purposes of
this Act.
(2) Such regulations
may prescribe penalties for contravention thereof or failure to comply
therewith not exceeding a fine of R4 000 or imprisonment for a period of
twelve months.
11.Repeal of laws -
The Prevention of Cruelty to Animals Act, 1914 (Act No. 8 of 1914), the
Prevention of Cruelty to Animals Act, 1914, Amendment Act, 1922 (Act No. 10
of 1928), and the Prevention of Cruelty to Animals Amendment Act, 1949 (Act.
No. 28 of 1949), are hereby repealed.
12.Short title and
commencement - This Act shall be called the Animals Protection Act, 1962 and
shall come into operation on a date to be fixed by the State President by
proclamation in the Gazette.
PERFORMING ANIMALS
PROTECTION ACT NO 24 OF 1935
(ASSENTED TO 29 ARPIL,
1935) (DATE OF COMENCEMENT : 8 MAY, 1935)
(Signed by the
Governor-General in Afrikaans)
as amended by
General Law Amendment Act, No. 62 of 1955
(with effect from 6 July, 1955 - see title GENERAL LAW AMENDMENT ACTS)
Animals Protection Amendment Act, No. 7 of 1972
Animals Protection Amendment Act No. 54 of 1983
Animals Protection Amendment Act, No. 20 of 1985
Protection of Animals Amendment Act, No.7 of 1991
ACT
To regulate the
exhibition and training of performing animals and the use of dogs for
safeguarding.
1.Restriction on
exhibition and training of performing animals and use of dogs for
safeguarding. - No person shall exhibit or train or cause or permit to be
exhibited or trained for exhibition any animal of which he is the owner or
has the lawful custody or use any dog for safeguarding unless such person is
the holder of a licence.
2.Magistrate may issue
licence for exhibiting and training of performing animals and for use of dogs
for safeguarding. - Any person intending to exhibit or train for exhibition
any animal, or who uses a dog for safeguarding, may apply in writing in the
prescribed form to the magistrate of the district in which such person
resides, performs or carries on business, for a licence to do so, who shall
grant the same:
Provided that -
(a) the magistrate is
satisfied that such a person is a fit and proper person;
(b) such licence shall
be granted for a calendar year and expire on the thirty-first December in
every year;
(c) the magistrate
may, if in his opinion there is good and sufficient reason, refuse to renew
such licence; and;
(d) the Minister may
by regulation prescribe the form of an application for a licence and the form
of the licence, the conditions subject to which such licence shall be held,
and the fee which shall be paid for such licence and for the renewal thereof.
3.Certificate in
respect of licensed animals. - (1) The holder of a licence referred to in
section 2 shall not exhibit or train any animal or cause it to be exhibited
or trained for exhibition or use any dog for safeguarding unless he is
possession of a certificate authorising such exhibition, training or use of
all animals in respect to which such licence is held.
(2) The
certificate referred to in subsection (1) shall be issued by the magistrate
in the prescribed form after submission to him of the prescribed information
by the licenceholder.
(3) Upon such
certificate shall be specified the form of training, exhibition and use, as
the case may be, of the animal or animals in respect of which it is issued.
(4) It shall be
competent for a magistrate upon the application of the holder of a
certificate to amend such certificate by either:
(a) deleting therefrom
animals which are no longer in the possession or custody of the holder; or
(b) adding other
animals which have since the issue or renewal of the license come into the
possession or custody of the holder; or
(c) modifying the form
of training, exhibition or use specified thereon, and for such amendment no
charge shall be made.
4. Right of entry. -
In addition to the powers conferred by any other law any police officer may:
(a) at any reasonable
time enter upon any premises, place or vehicle in which animals are
maintained, or kept or confined for the purpose of exhibition or of being
trained or of being transported or in which dogs used for safeguarding are
maintained, kept, confined or conveyed;
(b) inspect any such
animals, dogs, premises, places or vehicles and may fully enquire into the
measures and methods by which such animals or dogs are controlled,
restrained, trained or used and the course of feeding such animals or dogs;
and
(c) during any
exhibition of trained animals, or during the use of dogs for safeguarding, or
at any other time, enter upon any premises, place or vehicle or portion
thereof used in connection with such exhibition or use in order to inspect
such premises, place or vehicle, the animals or dogs present therein and the
conditions under which such animals or dogs are maintained, controlled and
fed during such exhibition or use and at other times.
5. Obstruction
of police officer. Any person who willfully obstructs, delays or
otherwise interferes with a police officer in the exercise of the powers
herein granted, or who conceals any animal with intent to defeat the
exercise of such powers, or otherwise hampers or impedes the exercise of such
powers shall be guilty of an offence and liable on conviction to a fine not
exceeding R4 000 or to imprisonment for a period not exceeding twelve months
in addition to any other penalty imposed for the contravention of any
provision of this Act or any regulation made thereunder.
6. Jurisdiction
of magistrate's court. For the purpose of this Act a
magistrate's court shall have jurisdiction and shall have the powers
conferred by the Animals Protection Act, 196 (Act No. 71 of 1962).
7.
Regulations. The Minister may in addition to any other power specially
given herein make regulations not inconsistent with this Act for prescribing
any or all of the following matters:
(a) the form of
an application and information to be supplied for the granting of a license
and for the renewal thereof;
(b) (i) the form of a
certificate which shall be issued in respect of licensed animals or dogs and
the form of amendments which may be made on such certificates;
(ii) the
information to be supplied for the issuing of a certificate referred to in
subparagraph (i), which includes the manner of identification of the animal
or dog;
(c) the method
and form of confinement and accommodation of any animal class, species or
variety of animals in respect of which a certificate has been issued, whether
travelling, or being transported or stationary;
(d) any other
reasonable requirement which may be necessary to prevent cruelty or suffering
in the exhibition, training, maintenance, use or travelling of animals in
respect of which a certificate has been granted;
(e) a penalty of
a fine not exceeding R4 000 or imprisonment for a period not exceeding twelve
moths for a contravention of any regulation.
8.
Penalty. (1) Any person contravening the provisions of this Act
or any regulation made thereunder for which a penalty has not been prescribed
or any condition of a license or certificate shall be guilty of an offence
and liable on conviction to a fine not exceeding R4 000 or to imprisonment
for a period not exceeding twelve months.
(2) In addition
to the penalty provided for in subsection (1) it shall be lawful for a
magistrate to suspend for such period as he may determine not exceeding one
year, the license of any person convicted of a second or subsequent
offence under this Act or any other law relating to the prevention of cruelty
to animals.
(3) Every
magistrate shall endorse upon the license of every holder the particulars of
every offence of which such holder has been convicted and the penalty
imposed.
9. Saving.
Nothing in this Act shall apply to the confinement or training of animals for
military, police or sporting purposes or the purposes of an agricultural
show, horse show, dog show, caged bird show or any public zoological gardens,
or to the exhibition of animals at a military or police tournament or
at a guymkhana, or at any show or in any such gardens or to the use of a dog
for safeguarding by the South African Defence Force, the South African
Police or the Prisons Service.
10. Act to be
read with Act 71 of 1962. This Act shall be read as one with the
Animals Protection Act, 1962 (Act No. 71 of 1962), and the powers herein
granted unless the contrary intention appears shall be in addition to any
powers granted by that Act.
11.
Interpretation of terms. For the purposes of this Act and any
regulations made thereunder, unless the contrary intention appears the following
terms have the meaning respectively assigned to them:
"animal" has
the meaning assigned to it by the Animals Protection Act, 1962 (Act No. 71 of
1962), but does not include any reptile;
"certificate"
means a certificate issued and in force under this Act together with a
license and any amendment thereof;
"exhibit"
means to expose for show at any entertainment to which the public are
admitted whether for payment of money or otherwise;
"license"
means a license granted and in force under this Act;
"licenseholder or
licensee" means the person to whom a license has been granted;
"Minister"
means the Minister to whom the administration of this Act has been assigned;
"police
officer" has the meaning assigned to it by the Animals Protection Act,
1962, and includes a person authorised under section 8 of the said Act;
"train"
means train for the purpose of exhibiting or of use for safeguarding;
"use for
safeguarding" means the training, use or placing at disposal for gain,
or the letting, of a dog with a view to or for the protection of persons and
property.
12. Short
title. This Act may be cited as the Performing Animals Protection Act,
1935.
DEPARTMENT OF JUSTICE
NO. R. 1672
1 September 1993
PERFORMING ANIMALS
PROTECTION ACT, 1935
REGULATIONS
The Deputy Minister of Justice has under
sections 2 (d) and 7 of the Performing Animals Protection Act, 1935 (Act No.
24 of 1935), made the regulations in the schedule.
SCHEDULE
Definitions
1. In these regulations and the
accompanying Schedules, unless the content otherwise indicates, any word or
expression to which a meaning has been assigned in the Act shall bear that
meaning, and
"the Act" means the Performing
Animals Protection Act, 1935 (Act No. 24 of 1935)
Application for the granting or renewal of a
license
2. (1) Every application for the
granting of or renewal of a license under the Act shall be made in writing in
the form of Schedule 1 and shall contain the information required by that
Schedule.
(2) Such application shall be
accompanied by:
(a) a report from the district
commissioner of the police district in which the applicant resides regarding
fitness to be a licensee; and
(b) R50 in the case of an application for the
granting of a license and R30 in the case of an application for the renewal
of a license: Provided that the applicant shall be entitled to the repayment
of half the fee if the application is refused.
(3) The magistrate may, before considering an
application for the granting or renewal of a license, request all available
information regarding the applicant from the records of a local animal
welfare organisation and such other information as he may require from any
such organisation regarding the type of animal concerned in order to decide
whether to grant the license applied for.
(4) Every application for the renewal of
a license shall be made on or before the 31st day of December of the year
preceding the year in respect of which the license is required, and every
application received by the magistrate after the said date shall in all
respects be treated as an application for the granting of a new license.
(5) The magistrate shall issue o the applicant
a license in the form of Schedule 2, together with a certificate in the form
of Schedule 3.
(6) If the licensee desires any
alteration of the particulars contained in the certificate referred to in
subregulation (5), the magistrate to whom he made the application, or his
successor in office, shall amend the certificate by effecting in ink the desired
amendment to the certificate and shall thereafter place his signature and the
official date stamp thereon.
Conditions subject to which a license is held
3. (1) The licensee shall on demand
produce to a police officer his license and certificate.
(2) When animals that are trained or
exhibited or dogs that are used for safeguarding are wild by nature or
otherwise of a vicious propensity, the licensee shall take such steps as are
necessary to ensure that the animals so trained or exhibited or the dogs so
used for safeguarding cannot escape from control.
(3) No licensee shall train, exhibit or
cause to be exhibited any animal which is suffering from any injury or
disease, unless a veterinarian has certified that such animal is fit to be
exhibited or trained, or that such dog is fit to be used for safeguarding.
(4) A license shall be issued subject to
the provisions of the Act and these regulations and the provisions of the
Animals Protection Act, 1962 (Act No. 71 of 1962), and any regulations
made thereunder.
Offences and penalties
4. Any person who:
(a) contravenes a provision of
regulation 3 or fails to comply therewith; or
(b) in or in connection with the written
application referred to in regulation 2 (1) willfully furnishes
information or makes a statement which is false or misleading,
shall be guilty of an offence and liable
on conviction to a fine not exceeding R4 000 or imprisonment for a
period not exceeding twelve months.
Repeal
5. The regulations published under
Government Notice No. R. 1914 of 27 October 1972 are hereby repealed.
DEPARTMENT OF JUSTICE
NO. R.
468 14 March 1986
REGULATIONS RELATING
TO THE SEIZURE OF ANIMALS BY AN OFFICER OF A SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS
The Minister of Justice has, by virtue
of the powers vested in him by section 10 (1) (b) and (c) of the Animals
Protection Act, 1962 (Act 71 of 1962), made the regulations contained in the
Schedule hereto.
SCHEDULE
Definition
1. In these regulations, unless
inconsistent with the context:
"officer" means an officer of a
society;
"the Act" means the Animals
Protection Act, 1962 (Act 71 of 1962);
"society" means a society for
the prevention of cruelty to animals as intended in section 8(1) of the Act.
Seizure and reporting
2. (1) If authorised thereto in writing
under the hand of the magistrate of a district, any officer of any society
may in that district if it appears that there are reasonable grounds to
believe that an animal found in that district needs immediate care or if it
is reasonably necessary to prevent cruelty to or suffering of such an animal,
seize such animal and take it into the custody of the society.
(2) Such seizure must be reported
within 24 hours to a police officer on duty at the police station, police office
or police post situated nearest to the place where the animal was found.
(3) Subsections (2) and (3) of section 8 of
the Act shall mutatis mutandis apply to an authority granted in terms of
subregulation (1).
Notice
3. (1) If the animal is not seized in
terms of section 20 of the Criminal Procedure Act, 1977 (Act 51 of 1977) the
society concerned must:
(a) if the name and address of the owner
of the animal are known to the society, forthwith give notice of the seizure
to the owner in the manner best suited under the circumstances; or
(b) if the name and address of the owner
of the animal are not known to the society and the animal has not been
released, within seven days of the seizure, advertise the fact that the
animal has been taken into the society's custody by publication of a notice
thereof in Afrikaans in an Afrikaans language newspaper and in English in an
English language newspaper circulating in the district concerned:
Provided that, if a bilingual newspaper circulates, a notice in both official
languages shall be published therein.
(2) The society referred to in
regulation 2 (1) shall within the period mentioned in regulation 3 (1) (b)
cause a copy of the notice intended in the last-mentioned regulation to be:
(a) sent to a police station, police
office or police post intended in regulation 2(2);
(b) sent to every other society for the
prevention of cruelty to animals in the same district as the society
concerned; and
(c) affixed to a notice board at the office of
the society.
Disposal
4. Whenever an animal that was taken
into the custody of the society has not been claimed within seven days of the
advertisement or notice to the owner, the society shall deal with the animal
in its discretion: Provided that the society may destroy the animal,
irrespective of the condition of the animal, if the animal cannot be disposed
of otherwise.
Expenses
5. A society that has or had an animal
in custody in terms of these regulations may recover from the owner of the
animal the reasonable expenses incurred in connection therewith.
Offences
6. (1) No person shall:
(a) unless authorised thereto in
accordance with provision in the Act, remove an animal that was seized by an
officer or that is in the custody of a society in accordance with the
provisions of these regulations from the possession or custody of such an
officer or society; or
(b) willfully obstruct, hinder or resist an
officer or a society in the exercise of a power conferred on an officer or
society in terms of thee regulations.
(2) Any person who contravenes a
provision in subregulation (1) shall be guilty of an offence and liable on
conviction to a fine not exceeding R2 000 or imprisonment for a period not
exceeding one year.
ANIMAL MATTERS
AMENDMENT ACT, 1993
(Assented to 25 March
1993) (Government Gazette 16 April 1993)
Afrikaans text signed
by the State President)
To provide for
directions in respect of injuries caused by animals: to amend the Animals
Protection Act, 1962, so as to further regulate the prohibition of animal
fights: and to provide for matters connected therewith.
Be it enacted by the
State President and the Parliament of the Republic of South Africa as
follows:
Directions in respect
of injuries caused by animals
1.(1) Any person as a
result of whose negligence an animal causes injury to another person, shall
be guilty of an offence and liable on conviction to a fine or to imprisonment
for a period not exceeding two years.
(2) Whenever a person
is convicted of an offence in terms of subsection (1), the court convicting
him may in addition to any punishment imposed upon him in respect of that
offence -
(a) make any order
relating to the removal, custody, disposal or destruction of the animal
concerned and the recovery of any costs incurred in connection therewith:
(b) declare the person
convicted to be unfit, for a specified period, to own a certain kind of
animal or an animal of a specific breed or to have it under his control or in
his custody;
(3) Subsection (2)
shall mutatis mutandis apply if any person -
(a) as a result of
whose negligence an animal causes the death of another person is found guilty
of an offence with regard to such negligence;
(b) as a result of
whose deliberate action an animal causes the death of or injury to another
person is found guilty of an offence with regard to such action.
(4)The Minister of
Justice may from time to time, with the concurrence of the Minister of State
Expenditure, appropriate funds to a society for costs incurred relating to
the removal, custody, disposal or destruction of an animal.
(5) (a) A person who
has in terms of subsection (2)(b) been declared unfit, for a specified
period, to own a certain kind of animal or an animal of a specific breed or
to have it under his control or in his custody, shall, if at the time of the
declaration he owns or has under his control or in his custody such an animal
and such animal is not destroyed in terms of subsection (2)(a), within 14
days from the date on which such declaration was made, make alternative arrangements
for the caring of the animal for the period for which he is declared unfit to
own such an animal or to have under his control or in his custody.
(b) Subject to the
provisions of paragraph (a), any person who owns or has under his control or
in his custody an animal in contravention of a declaration made in terms of
subsection (2)(b), shall be guilty of an offence and liable on conviction to
a fine or imprisonment for a period not exceeding one year.
(6) Notwithstanding
anything to the contrary contained in any law, a magistrate's court shall
have jurisdiction to impose any penalty which is provided for in this
section.
Short Title
2. This Act shall be
called the Animal Matters Amendment Act, 1993