Parliament in dog box over Animals Bill

IF THE Protection of Performing Animals Bill is not passed into law in the next two weeks, Parliament may find itself on the wrong side of the law.

The Constitutional Court said in a judgment last year that if the bill was not passed it might also lead to an “untenable situation” with regard to the granting of licences to those with performing animals or animals for safeguarding.

The Concourt expressed concern that a possible consequence, among those detailed by the national Agriculture Department, was that there would be no viable mechanism through which licences could be issued.

The bill was sent back to the National Assembly by President Jacob Zuma on Monday this week for reconsideration.

The Presidency said the president had referred the bill back because in his view, the National Council of Provinces had failed to follow proper procedure when the bill was voted on.

The bill is meant to cure defects in the existing legislation concerning the requirement that a magistrate must decide on applications for, and issues licences for, performing animals and those used for security purposes.

The bill will allow for a national licensing officer and provide for a procedure for the application for a licence to exhibit and train performing animals or use of animals for safeguarding.

In July 2013, the Concourt found that sections of the existing act related to the granting of licences by magistrates had been constitutionally invalid, but suspended this order for 18 months to allow for Parliament to amend the legislation.

The Agricultural Ministry applied for and obtained from the court two further time extensions to amend the legislation which is set to end on August 27.

If the bill is not passed into law before August 27, Parliament will be in breach of the court’s order, and there will be a gap in the law regarding the issuing of licences for performing animals and animals used for security.

The court, in its judgment to grant the last extension last August, had detailed the possible consequences if the bill was not passed into law.

These consequences included that the existing act would become “unworkable” and the effect would be that those “employing animals in their business operations will be required to have a licence, but there will be no practical mechanism for them to obtain one”.

Lawson Naidoo of the Council for the Advancement of the South African Constitution said if the bill was not passed within the time frame, Parliament could find itself in “contempt of the court’s order”.