On 11 July 2013, the Constitutional Court handed down a judgment confirming an order of the North Gauteng High Court, declaring sections 2 and 3 of the Performing Animals Protection Act, 1935 (Act No. 24 of 1935) unconstitutional in so far as they assign the function of issuing licences for the training, exhibition or use of animals to magistrates. The matter came before the Constitutional Court on 19 March 2013.
The Department of Agriculture, Forestry and Fisheries (DAFF) had not opposed the application in as far as declaring the impugned sections unconstitutional, the department welcomes the judgment.
The Constitutional Court confirmed that that there was no justification for assigning the function of issuing animal training and exhibition licences to magistrates.
Accordingly, the Constitutional Court ruled that the performance of this function by magistrates offends the doctrine of the separation of powers. The operation of the order of constitutional invalidity has been suspended for a period of 18 months to afford Parliament the opportunity to rectify the defect.
The department wishes to advise all stakeholders to approach magistrates for the issuing of licences contemplated in the Performing Animals Protection Act, 1935 (Act No. 24 of 1935). This means that until the expiry of the period of suspension of the order or until Parliament rectifies the defect, whichever occurs first, the Performing Animals Protection Act remains in force. Therefore, a magistrate may issue a licence for the period.
All licences issued between 16 November 2012 and 10 July 2013 by the temporary committee established by the Northern Gauteng High Court remain valid until expiry, from which such licences can be renewed by a magistrate.
The department has embarked upon a robust legislative review process in which a number of Acts, including pieces of legislation pertaining to animal welfare are under review. As part of this process, the department has also completed amendments to the Veterinary and Para-veterinary Professions Act during 2012.
The department will work with stakeholders in considering the legislative review in the judgment. The amendments will ensure that such licences are issued by persons with appropriate expertise required to perform such licensing functions.
The department wishes to extend its gratitude to all stakeholders who participated in the court process.
For media enquiries please contact:
Ms Antoinette Fourie
Acting Director: Communication Services
Department of Agriculture, Forestry and Fisheries
Tel: 012 319 7327
E-mail: AntoinetteFo@daff.gov.za
