Animals Protection Act
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
GENERAL NOTE
In terms of Proclamation No.R.45 of 8 August
1997, the administration of Act No. 71 of 1962 has been Assigned to the
Minister for Agriculture and Land Affairs.
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
Agriculture
"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 tethers 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 circumstances 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 circumstances likely to cause that animal unnecessary
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 or to imprisonment for a
period not exceeding twelve months or to such imprisonment without the option
of a fine .
(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 paragraphs
(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 sub-section (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 any 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 (a) of sub-section (1) of section three and the removal and
burial or destruction 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 there from.
(3) A
veterinarian may in respect of any animal exercise the powers conferred by
sub-section (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 an 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. Pound master may recover expenses - Any pound master 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 court - (1) A court
trying any person for an alleged offence under this Act may summon 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 powers 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 complaint 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.
ANIMAL MATTERS AMENDMENT ACT, 1993
ACT NO. 14, 1993 16 APRIL 1993
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
