Written by Natasha du Preez

Date: 19 May 2024

Which Legislation In South Africa Safeguards And Protects Animals From Cruelty?

Animal cruelty, negligence and abuse are a global epidemic, giving rise to growing concerns about the well-being of animals all over the world. Despite possessing immense intelligence, sentience, and consciousness, animals cannot communicate through mediums known to man, such as text, speech or gestures. It is, therefore, prudent that animals be safeguarded with the necessary protective measures to ensure that there is a mechanism that acts as a voice for the voiceless.

In South African law, animals are classified as property or “things,” as they do not possess a legal personality or legal capacity to act in their own right despite having consciousness and sentience. To address the growing concerns pertaining to animal cruelty, negligence and abuse, South Africa implemented the Animal Protection Act 71 of 1962 (hereinafter “the APA”) to criminalise and sanction cruel and inhumane treatment toward animals.

Which Animals Are Protected Under The Animal Protection Act (APA)?

Unfortunately, wild animals that are not in captivity or under the control of any person do not enjoy protection under the APA. The APA thus applies to the owners of wild and domesticated animals and offers protection to the following categories of animals:

  • Equine (horses or any member of the horse family); and
  • Bovine (animals classified as cattle);
  • Sheep;
  • Goats;
  • Pigs;
  • Fowl (larger domestic or egg-producing birds, including but not limited to chickens, ducks, and geese);
  • Ostriches;
  • Dogs;
  • Cats;
  • Other domestic animals or birds; and
  • Any wild animal, bird or reptile in captivity or under the control of any person.

What Conduct Towards Animals Are Classified as An Offence In Terms Of The Animal Protection Act (APA)?

Any person who inflicts one or more of the following actions on any animal listed hereinabove shall be guilty of an offence:

  • Ill-treatment of an animal;
  • Neglect of an animal;
  • Kicking, cruelly beating, torturing or maiming an animal;
  • Overloading, overriding or overdriving an animal;
  • Infuriating or terrifying an animal;
  • Confining, chaining or tethering an animal unnecessarily;
  • Confining, tethering or chaining an animal in such an environment, manner, area or position which would cause unnecessary suffering;
  • Confining an animal in an inadequate space which limits its movement or causes unnecessary suffering;
  • Confining an animal in conditions which do not afford adequate light, ventilation or shelter from the elements and weather such as heat, cold or rain;
  • Deprivation of food or water;
  • Underfeeding or unnecessarily starving an animal;
  • Exposing the animal to poisonous substances such as fluid or edible matters which contain infectious agents (except for vermin control) without taking the necessary precautionary measures to prevent harm or diseases to the animal;
  • Deliberately or intentionally keeping the animal dirty;
  • Deliberately or intentionally keeping the animal in a parasitic condition and failing to administer treatment when required;
  • Deliberately or intentionally allowing the animal to become infested with parasites by failing to ensure the overall health and wellbeing of the animal;
  • Failure to render or provide veterinary treatment or medical attention to an animal in need of such treatment, where a person is able to render or provide such treatment to the animal;
  • Failure to euthanise an animal where the animal has been gravely injured, is suffering from disease, or is in such a poor physical condition that prolonging the life of the animal would be cruel and cause unnecessary suffering;
  • Attaching any vehicle, appliance or equipment to an animal which causes or has the potential to cause injury or harm to the animal;
  • Attaching, loading or using any mechanism in such a way which will cause the animal to suffer injuries or contract diseases, or any manner which would cause unnecessary suffering to the animal;
  • Releasing an animal from their care in such a manner or environment which exposes the animal to immediate danger or the potential danger of attacks by other domesticated or wild animals;
  • Provoking, baiting or inciting an animal to attack another animal;
  • Releasing a bird from their care in a manner or environment that exposes the bird to immediate danger or the potential danger of attacks by other domesticated, wild animals or wild birds;
  • Using or driving an animal which is gravely injured, diseased or in such a poor physical state that the animal is unfit to be driven or used;
  • Setting traps or using other mechanisms for entrapment, harming or killing of any animal, which was not done for the protection of the property or prevention of spreading diseases;
    • Failure to inspect or appoint a competent professional to inspect any traps that were placed for the reasons above at least once a day;
  • Selling traps, devices or mechanisms intended to capture or entrap any animal to any person who is not a farmer without the necessary permits;
  • Conveying, carrying or restraining any animal in such a manner and environment over extended periods or distances, which causes unnecessary suffering to the animal;
  • Conveying carrying or restraining any animal in such environments which lack sufficient space, ventilation or light and environments where the animal is exposed to the cold, heat, sun, rain, exhaust fumes, dust, toxic gasses or noxious fumes;
  • Conveying, carrying or restraining any animal in such a manner where adequate provision is not made for food, water and rest;
  • Administering any poisonous substances, injurious drugs or foreign substances not prescribed by a veterinarian to any animal;
  • Abandoning an animal as its owner, without reason or cause, in such a manner which would cause unnecessary suffering to the animal;
  • Causing, enabling or assisting in the commission or omission of the offences mentioned above;
  • Permitting a third party to commit one of the abovementioned offences as the owner of the animal.

What Are the Legal Consequences Of Committing One Or All Of The Above Offences In Terms Of The Animal Protection Act?

Any person who inflicts one or more of the abovementioned acts on any animal will be liable on conviction to a fine, imprisonment not exceeding twelve (12) months, or imprisonment without the option of a fine.

Is Animal Fighting A Criminal Offence In Terms Of The Animal Protection Act?

In terms of the APA, any person who inflicts one or more of the following actions on any animal listed hereinabove shall be guilty of an offence:

  • Keeping, possessing, trading, importing, buying, selling, breeding, training, or having under their control any animal for the purpose of fighting another animal for financial gain;
  • Inciting, provoking or baiting any animal to attack another animal for financial gain; or proceeding to entice any animal to fight or injure another animal for financial gain;
  • Procuring animal fights for financial gain, as a form of entertainment or enjoyment;
  • Allowing or encouraging the above mentioned actions to take place on any premises in their possession or under their control;
  • Controlling, owning, acting as a manager of, or using any premises or property, either wholly or partially, to present or host animal fights;
  • Attending any property or premises to spectate the commission of the above acts;
  • Planning, arranging, or being present when arrangements are made to conduct an animal fight in the manners described above.

What Are The Legal Consequences Of Animal Fighting In Terms Of The Animal Protection Act?

Any person who facilitates, arranges or attends animal fighting as described above will be liable on conviction to a fine, alternatively, imprisonment for a period not exceeding two (2) years.

Are There Any Additional Consequences Other Than A Fine Or Imprisonment For Animal Cruelty In Terms Of The Animal Protection Act?

Where a person is convicted of an offence in terms of the APA in respect of any animal, the Court which handed down the conviction may:

  • Order that the animal be euthanised if the Court believes that prolonging the animal’s life would be cruel and cause unnecessary suffering;
  • Order that the person who has been convicted be deprived of ownership of the animal with immediate effect;
  • Declare the person convicted unfit to own, possess, have under his control, or be in charge of any animal or specified animal for a specified period;
  • Make any order concerning the animal as it deems fit.

In addition to the above, the court may also impose sanctions on the perpetrator and award damages to any person who suffered damages or losses in respect of the animal due to the offence committed by the party who has been convicted. Claims for damages or losses include but are not limited to any expenses incurred in providing an animal with the necessary medical or veterinary care, food, accommodation or general care pending the court’s judgment to euthanise the animal. The court may enquire into the damages or losses suffered due to the conduct of the person convicted and may grant judgment against them for an amount not exceeding R5000.00.

Furthermore, any person found to be the owner of, in possession of or in control of any animal after a declaration was issued by the Court declaring them unfit to do so shall be guilty of an offence and shall be liable on conviction to a fine or imprisonment for a period not exceeding two (2) years.

How And Where Do I Report Animal Cruelty/Animal Abuse In South Africa?

In many instances, members of the public bear witness to animal cruelty or abuse; or often find abandoned or injured animals in need of immediate medical attention. In that case, it is crucial that they immediately contact the Society for the Prevention of Cruelty to Animals (SPCA) in their area and inform them of the situation.

The SPCA is a large non-profit animal welfare organisation which enforces the Animal Protection Act and safeguards the rights of animals. It is important to note that whilst many non-profit animal welfare organisations protect animals, abuse/cruelty must be reported to the SPCA or the Animal Anti-Cruelty League (AACL) because legislation vests these organisations with the power of entry and seizure. Having the power of entry and seizure means that the SPCA and AACL have enforcement powers which legally enable them to enter the premises and seize an animal from any person accused of animal cruelty.

To ensure the perpetrator is brought to justice, the person reporting animal abuse/cruelty must provide details, evidence (if possible), and cooperation with the SPCA or AACL. In areas that do not have an SPCA or AACL, the person reporting the matter must contact the South African Police Service (SAPS) for a criminal case to be opened.

It is inherently necessary for all humans to protect the sanctity of the lives of animals and to be the voice for those who can’t speak. Remember that ignoring injustice and moral discrepancies does not absolve one from responsibility, as “those who turn a blind eye to injustice are just as guilty as those who inflict it.”

Legal Assistance for Animal Cruelty: Act Today

In conclusion, South Africa’s Animal Protection Act provides a robust framework to combat animal cruelty, but the enforcement of these laws relies heavily on public awareness and action. If you witness or suspect any form of animal abuse, it is essential to report it to the appropriate authorities such as the SPCA or AACL to ensure the perpetrators are held accountable.

At Burger Huyser Attorneys, we are committed to advocating for the rights and welfare of animals. If you need legal assistance regarding animal cruelty cases or wish to better understand the legal implications of the Animal Protection Act, do not hesitate to contact us. Our experienced team of animal cruelty lawyers are here to guide you through the process and ensure justice is served. Contact us today for expert legal support and to book a consultation with one of our specialist attorneys.

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE