NSPCA wins case on animal abusers

THE Constitutional Court‚ in a unanimous judgment‚ has ruled that the National Society for the Prevention of Cruelty to Animals (NSPCA) has the statutory power to institute private prosecutions.

Setting aside the decisions of the Pretoria High Court and the Supreme Court of Appeal‚ the Constitutional Court recognised that section 6(2)(e) of the Societies for the Prevention of Cruelty Act 169 of 1993 read with section 8 of the Criminal Procedure Act 51 of 1977 conferred this power on the NSPCA.

Concourt also ruled that the respondents – the minister of justice and constitutional development and the national director of public prosecutions – must pay the NSPCA’s costs in all three applications‚ including the costs of two counsel.

“The NSPCA embarked on this course of legal action in late 2010 in the belief that perpetrators of animal abuse should not be allowed to get away with their crimes simply because the state prosecuting authority declines to proceed with cases against them,” the NSPCA said in reaction to the Concourt judgment.

“The case challenged the existing legislation in an endeavour to obtain the power to prosecute privately.

“People who commit crimes against animals should not go unpunished.

“Our decision to pursue this matter to the highest authority in our country was justified.

“We feel vindicated and consider this a notable victory for the welfare of animals.

“Of great significance is the recognition of the sentience of animals and the importance of animal protection,” the animal society said.