Statement on the Performing Animals Protection Amendment Bill
The Department of Agriculture, Forestry and Fisheries (DAFF) has today, 13 February 2015, published a notice in the Government Gazette (Notice No. 103 of 2015, Gazette No. 38458) indicating that the Minister intends to introduce the Performing Animals Protection Amendment Bill, 2015 to the National Assembly shortly. The Bill seeks to amend the Performing Animals Protection Act, 1935 (Act No. 24 of 1935) in order to provide for the transfer of functions of issuing of licences for performing animals from the judiciary to the executive.
The amendment is informed by the Constitutional Court judgement of 11 July 2013, wherein the Constitutional Court declared 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 application was brought to the court by the National Society for the Prevention of Cruelty to Animals (NSPCA). The department had not opposed the application in as far as declaring the impugned sections unconstitutional.
The department worked together with stakeholders in considering the required legislative review in order to cure the defect. The first draft of the Bill was gazetted on 09 April 2014 (Notice 286 of 2014, Gazette No. 37541) and a stakeholder workshop was held on 16 May 2014.
Written and oral inputs were considered and presented to state law advisers for confirmation of constitutional validity and certification. The Bill was approved by Cabinet on 10 December 2014 and is hereby published for general information. The Bill is accessible on the website of the department, www.daff.gov.za.
The new Bill aims to relieve magistrates of the functions of issuing of licences for performing animals. In future, these licences will be issued by members of the veterinary profession and members of the natural scientist profession with the appropriate expertise required to perform such licensing functions.
The department wishes to extend its gratitude to all stakeholders who participated in the DAFF consultative process since the first draft was published. Further opportunities to participate in the consultation on the Bill will be offered by Parliament when public hearings are held. The department encourages all stakeholders to participate robustly during the parliamentary phase of processing the Bill.
As the operation of the order of constitutional invalidity was suspended for a period of 18 months to afford Parliament the opportunity to amend the Act, the 18-month period of suspension expired on 10 January 2015.
The department wishes to inform stakeholders that the Constitutional Court granted a six month extension at the request of the department. In a nutshell, stakeholders can continue to approach their magistrates for the issuing of licences contemplated in the Performing Animals Protection Act, 1935 (Act No. 24 of 1935). Magistrates will continue to issue licenses until 12 July 2015; licenses issued by magistrates will remain valid until 31 December 2015.
Enquiries:
Makenosi Maroo
Chief Director: Stakeholder Relations and Communications
Cell: 072 475 2956
Tel: 012 319 6787
E-mail: MakenosiM@daff.gov.za
