NOTICE: Complying to
the South African Animal Protection Act is
the sole responsibility of the dog owner and
musher. Published for notification and
awareness purposes only. SAFDSS is not
deemed to be liable under any of these
stipulations as the SAFDSS Board cannot be
seen as being "a dog owner". Any Board
Member in their individual capacity will be
accountable and liable should they
contravene as an owner of a dog or
participant in a time-trail event.
ANIMALS PROTECTION ACT 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 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 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.
