National Council of SPCAs Andries Venter – NSPCA 14 APRIL 2015 PERFORMING ANIMALS PROTECTION ACT (24/1935): 2015 AMENDMENTS

– TO PREVENT ANIMAL CRUELTY NSPCAs role and function; Legislation (React) Industry role and function; Standards (Prevent) Objective (NSPCA)

Non profit, non government organisation (NGO) We are a Statutory body Only animal welfare organisation to have an Act of Parliament SPCA enforces over 90% of animal welfare legislation The vast majority cases are resolved with cooperation and advice with adherence to warnings. SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS ACT NO. 169 OF 1993 ANIMALS PROTECTION ACT NO. 71 OF 1962 Introduction to the NSPCA

The National Council of SPCAs identified the following: –Lack of knowledge and skills by some Magistrates on Animal Welfare; –Exhibitions that poses harm to animals was allowed in certain districts; –Lack of consultation by Magistrates with skilled / knowledgeable persons / bodies / bodies; (Ex-Parte) NSPCA was advised that this is an Administrative function and not a Judicial function (i.e. Liquor Licensing) A BETTER system was and is needed to PROTECT the Animals; The Constitutional Court only Ruled in terms of Sections 2 and 3 of the Act where it relates to Magistrates being the issuing officer; Constitutional Action:

Purpose of the Act is Preventative: PERFORMING ANIMALS – PROTECTION –Animals cannot speak for themselves; & Public Protection against: –Incompetent Handlers / Unacceptable / Cruel Performances; –Ensure safe passage by Public; –Unhealthy / Ill Animals; So to Ensure: Competent Persons to handle / Control Animals Public Safety; DANGEROUS ANIMALS = PUBLIC SAFETY CONCERN

Animal Welfare is a complex Subject; The act’s purpose is to protect the animals in performances and dogs for safeguarding: Would the licensing officer (State vet and veterinary technicians) have the necessary knowledge base? – Skills shortage; (Admitted by DAFF) – Welfare is not currently a mandate for State vets in terms of their duties and purpose as state vets; – A skilled person with experience and knowledge therefore have to be part of the licensing and appeal process; Welfare (… “Animal Protection):

AMENDMENTS TO THE ACT: Section 3B: To insert the underlined: ‘..must have animal welfare experience and be –‘ MOTIVATION: The PAPA is read WITH AS ONE with the Animals Protection Act no 71 of 1962; Animal Welfare Experience is therefore important to understand the animal’s needs to prevent Animals from becoming distressed = Dangerous;

AMENDMENTS TO THE ACT: MOTIVATION: Animals and its Movements is highlighted by the OIE Animal Welfare Experience is therefore important to understand the animal’s needs to prevent Animals from becoming distressed = Dangerous; To insert the word ‘ must ’ in front of request to read: Must request from any person or organisation, subject to …..

AMENDMENTS TO THE ACT: MOTIVATION: Animals and its Movements is highlighted by the OIE Animal Welfare Experience is therefore important to understand the animal’s needs to prevent Animals from becoming distressed = Dangerous; To insert the word ‘ must ’ in front of request to read: Must request from any person or organisation, subject to …..

Section 3E: To insert after 3D ‘… except for the issuing, granting, or reinstating of a license. Motovation: This is to ensure that the granting, issuing and reinstatement of licences is centralised with the National Licensing Officer and not delegated down. AMENDMENTS TO THE ACT:

Section 3F. (1) (a): Insert at the beginning of 3F (1) (a) and (b) “ following an inspections to the premises that …. ” To insert after ‘… Act; and ’ ‘… and after having published such application for a period of 30 days for public comment in the Government Gazette. ’ Motivation: The PAPA licenses is a public exhibition and having regard the safety of the public and as the PAPA is a public Act, all applications should be published for public comment. In what way will it be determined that the information is in accordance with the purpose of this Act? In what way will it be determined that the premises, accommodation, equipment and facilities are safe and will not cause harm to an animal? AMENDMENTS TO THE ACT:

Section 3H.(1): This application will be handled by 1 person nationally; Problem: As with Magistrates – Applicants may apply elsewhere if they are not happy with their local officer; A centralized – Standardized application process is needed;

Section 3H.(2) (a): After description insert the underlined: ‘… application with microchip details of the animal that the applicant intends ……’ Also Insert (f) species, variety or class of animals and number per species, variety or class that the applicant intends to exhibit or train for exhibition or use for safeguarding: (g) age of animal that the applicant intends to exhibit or train for exhibition or use for safeguarding (h) the methods of training the animal or animals intended to be used for exhibition, training for exhibition or use for safeguarding (i)the equipment, measures and methods used for control, restraint and training of animals to be used for exhibition, training for exhibition or use foe safeguarding (j) vehicle(s) or means of transport in which the animals are kept, confined or being transported for the purpose of exhibition or trained for exhibition or in which dogs used for safeguarding are maintained, kept or confined.

Section 3H.(2) (c): Insert the underlined after ‘… to be used: ’ ‘… to be used and details of the location of the safeguarding or exhibition and training. ’

Section 3H.(2) (e): Insert after ‘ meal plans …’ ‘ meal plans, transportation and …’ Insert after ‘….general practices …’ ‘… general practices, including veterinary contact details that the applicant will follow …’ To read as follows: ‘ (e) meal plans, transportation and general practices, including veterinary contact details, that the applicant will follow to maintain and ensure the health and wellbeing of the animal; ’

Section 3H.(2) (f): To insert after ‘ or safeguard; ’ : ‘… or safeguard and time of transportation; ’ Motivation: Travelling circuses and security animals are sometimes transported for long distances and the static rest time is insufficient and they end up working longer hours and are stressed out over longer periods than what is necessary.

To insert two new sub-subsections under Section 3H.(2) (e) to read (h): (i)National South African Police Clearance Certificate; And (j) A Disaster Management report from the local district or municipal Disaster Management commander; Motivation: The exhibition is to drawing public (crowds) and the potential for disasters / public injuries may be of concern. The event must therefore be approved by the relevant disaster authorities to ensure public safety. Delete “may and insert “must” An inspection must be undertaken – how else can it be determined if the information supplied is true and if the premises are actually suitable? What will be the end result of the application if consent is not given and entry is denied? This has to be clarified.

1.To insert a new subsection under 3H.: ‘(4) Should a license be refused, suspended, cancelled or withdrawn the applicant is to cease training, exhibiting and using animals for safeguarding until such time as the license has be reissued, granted or reinstated. Motivation: It is unclear as to the status of animals should a license be suspended or declined or withdrawn. It is imperative that the act makes provision for the applicants to understand that only once a license is issued may they proceed with their intended exhibitions, etc. The act is clear – “Any person who INETENDS to…”

3L. To insert the words only and in the district of which the application was made: To Read: ‘ A license is only valid for use in the district in which the application was made unless the exhibition, training for exhibition …. ’

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