Government Gazette 15347 STATE PRESIDENT'S OFFICE No. 2430. 17 December 1993 It is hereby notified that the Acting State President has assented to the following Act which is hereby published for general information:- No. 169 of 1993: Societies for the Prevention of Cruelty to Animals Act, 1993.
To provide for control of societies for the prevention of cruelty to animals; and for matters connected therewith.
"Animals Protection Act" means the Animals Protection Act, 1962 (Act No.
the Performing Animals Protection Act, 1935 (Act No. 24 of 1935); (b) the Medicine and Related Substances Control Act, 1965 (Act No.
the Veterinary and Para-Veterinary Professions Act, 1982 (Act No.
the Animal Diseases Act, 1984 (Act No. 35 of 1984); or the Abattoir Hygiene Act, 1992 (Act No.
"Association" means the SPCA National Council of Southern Africa which was incorporated under the Companies Act, 1973 (Act No.
"this Act" includes the rules and the constitution.
There is hereby established a juristic person to be known as the National Council of Societies for the Prevention of Cruelty to Animals (in Afrikaans Nasionale Raad van Dierebeskermingsverenigings).
At the commencement of this Act the Association shall cease to exist.
directors elected in accordance with the constitution; and a director nominated by the Minister.
The directors of the Association at the commencement of this Act shall be deemed to have been elected in terms of subsection (3)(a).
to do all things reasonably necessary for or incidental to the achievement of the objects mentioned in paragraphs (a) to (e).
other matters the regulation of which is necessary for the proper functioning of the Council and the board.
Any amendment of the constitution shall be approved by a special resolution.
The constitution and each amendment thereof shall be published in the Gazette.
An amendment of the constitution shall come into operation on a date 60 days after it was published in the Gazette.
The board shall, within 30 days after publication in terms of paragraph (a), furnish each society with a copy of such constitution or amendment thereof.
Copies of the constitution shall be obtainable from the board on payment of the amount determined by the board.
The amount so determined shall be a reasonable amount, regard being had to the costs to the board of such a copy.
the Registrar of Companies shall deregister the Association in terms of the Companies Act, 1973 (Act No. 61 of 1973).
Any reference in any will or deed of donation to the Association or the SPCA or a society for the prevention of cruelty to animals or any abbreviation or translation thereof which cannot be construed as a reference to a particular society for the prevention of cruelty to animals, shall be deemed to be a reference to the Council.
If the Association was the owner of any immovable property which passed to the Council in terms of this section, the Registrar of Deeds concerned shall at the request of the board make an appropriate endorsement in his registers and on the title deeds in question.
No transfer duty, stamp duty or other tax or fees of office shall be payable by the Council in order to give effect to the provisions of this section.
The Council shall for the purposes of section 8 of the Animals Protection Act be a society for the prevention of cruelty to animals.
raising Act, 1978 (Act No.
do everything which in its opinion is conducive to the performance of its functions or the achievement of the objects of the Council or is calculated directly to enhance the value of, or render profitable, the property or rights of the Council.
The board shall not be divested of any power or duty delegated or assigned to a committee in terms of subsection (2)(p), and may rescind or vary any decision of a committee.
any matter the regulation of which the board considers necessary or expedient for the achievement or promotion of the objects of the Council or for the exercise of the powers or the performance of the functions and duties of the board.
A rule made in terms of subsection (1) or any amendment or the repeal thereof shall come into operation on a date 30 days after the board has given notice thereof in the Gazette.
The board shall furnish every society and every inspector, employee and other officer of the board with a copy of each rule made by it and of each amendment or repeal of a rule, within 30 days after notice thereof has been given in terms of subsection (2).
No person shall without being registered with the Council use, in connection with any activity performed by him, the expression "Society for the Prevention of Cruelty to Animals" or "Dierebeskermingsvereniging" or any abbreviation thereof or any expression which so closely corresponds thereto that it may be misleading.
A person desiring to be registered with the Council shall apply to the board in the manner and at the time prescribed by the rules, and the application shall be accompanied by the application fee and the documents likewise prescribed.
No person shall be registered in terms of subsection (4) (b) (i) if he is a natural person.
cancel any such registration if the society concerned has contravened or failed to comply with any condition imposed by the board under paragraph (b).
Conditions referred to in subsection (4)(b) shall relate to the achievement of the objects of the Council, the performance of its functions and duties and the exercise of its powers in terms of this Act.
If the board refuses to grant an application for registration, the applicant concerned shall be notified in writing of the decision in question and of the grounds on which it is based.
If the board has granted an application for registration it shall issue a certificate of registration to the society concerned, and such society shall at all times display a copy thereof at every place where it ordinarily conducts its affairs.
If the board has cancelled a registration certificate it shall cease to be valid and the society concerned shall forthwith return it to the board.
A society registered under subsection (4)(b)(i) shall only use an expression referred to in subsection (1) in connection with the performance of its functions for the purposes of this Act, the Animals Protection Act and the associated Acts.
Any society for the prevention of cruelty to animals which is a member of the Association immediately prior to the commencement of this Act, shall for all purposes be deemed to be registered in terms of this section.
A society shall for the purposes of section 8 of the Animals Protection Act be a society for the prevention of cruelty to animals.
Fund-raising Act, 1978 (Act No.
may defend legal proceedings instituted against it and institute legal proceedings connected with its functions, including, but not limited to, such proceedings in an appropriate court of law to prohibit the commission by any person of a particular kind of cruelty to animals.
The board shall not refuse to approve in terms of subsection 2(j) an amendment which a society proposes to make so as to provide for its internal conditions or affairs and which is not in conflict with the objects of the society or the Council.
Subject to the provisions of subsection (2), an ordinary resolution may determine that financial contributions shall be paid by every society to the board, and determine the amount of such contributions required to be paid by each society and the due date for payment of such contributions.
The said financial contributions shall be determined in accordance with the constitution.
(a) Subject to paragraphs (b) and (c), a society which fails to comply with any provision of this Act shall on demand by the board pay to the board an amount which a special resolution considers to be a fair and reasonable contribution to cover the actual costs which the board had to incur as a result of such failure.
The said costs may include legal expenses between the board and its own legal representation as well as the pro rata costs of the board as a result of the employment of any inspector, employee or any other officer, or the appointment of any representative of the board, to investigate such failure by such society, or to exercise the board's rights and powers consequent upon such failure.
If any award of costs of a court in favour of the board has been complied with by a society, the amount thereof shall be deducted from any amount payable by that society to the board in terms of this subsection.
If a court awards costs in favour of a society against the Council, the board shall on demand of such society pay all reasonable expenses of the society over and above the costs awarded by the court.
If the board undertakes any campaign, investigation or proceeding which is of national relevance or is important to the objects of the Council as well as those of the societies or certain societies and the board gives written notice thereof to the societies or the societies concerned, the board may in terms of an ordinary resolution require the societies or any society benefited thereby to pay towards the defrayal of the costs and expenses incurred or to be incurred by the board as a result of that undertaking a contribution determined by the board, which shall be proportional to the contributions of the societies payable in terms of subsection (1).
If a society fails to pay any contribution due by it to the board on the due date for payment thereof, the board may in its discretion require such society to pay interest on the overdue amount at the rate of interest prescribed by the rules, from the due date for payment to the date of payment.
The board may institute legal proceedings to recover from a society any amount due by it to the board.
terminate the membership of, or remove from office, any member, director, committee member, employee or other officer of such society as such, or institute or direct such society to institute disciplinary steps against him, if the board is of the opinion that such member, director, committee member, employee or other officer is responsible for or is the cause of the failure; or cancel the registration of such society.
If during any calendar year the board has already issued two or more notices in terms of subsection (1) to a society, the board shall not be obliged to issue a further such notice calling upon such society to cease or remedy a further failure referred to in subsection (1) and may exercise its rights and powers in terms of subsection (1) without affording such society the opportunity to cease or remedy such failure.
Subject to the provisions of subsection (4), the board shall afford any society allegedly failing to perform its duties in terms of this Act or any member, director, committee member, employee or other officer of such society the opportunity to appear before the board or any committee or subcommittee established by the board for that purpose, or to make written representations to the board or such committee or subcommittee, if such society, member, director, committee member, employee or other officer requests to be allowed to do so before the board acts in terms of subsection (1)(a), (b) or (c).
If a society or any other person fails to submit a request in terms of subsection (3) within a period of 30 days after a relevant written notice in terms of subsection (1), the society shall be deemed to have refused to cease or remedy the failure.
replace any of the said representatives by representatives or members of the society concerned determined by the board in its discretion; or cancel the registration of such society.
The board may in its discretion, by the institution of legal proceedings against a society, enforce specific performance by it of its duties in terms of this Act.
The provisions of subsection (6) shall not derogate from the rights and powers of the board in terms of the other provisions of this section and may be applied in addition to the exercise of such rights and powers.
constitute and register another society or designate any other existing society or organization to take over the functions of, and, in particular, to serve the territory and community formerly served by, that society; and transfer to, and vest in, the other society or organization referred to in paragraph (a) all the assets, liabilities, rights and duties of that society or burden it therewith, without the rights of third parties being prejudiced thereby; or assume control of that society by the appointment of representatives of the board as directors, committee members, employees or other officers of such society until the board has taken steps in terms of paragraph (a).
If the board has not taken any steps in terms of subsection (1) (a) within six months after becoming entitled to do so, or if during such period such society has not resolved the deadlock in question or overcome its inability to perform its functions or achieve its objects, such society shall be wound up in accordance with its memorandum, articles of association, constitution or other founding deed, or any other applicable law, whichever may be applicable.
The board shall within six months after the end of every financial year submit to the Minister a report on the Council's activities and financial affairs in respect of the preceding financial year.
After receipt of the report the Minister may request from the board such further information in connection with the said activities and affairs of the Council as he may deem fit.
A director, inspector, employee or other officer or representative of the board shall not be liable in respect of anything done or omitted to be done in good faith in the exercise of a power or the performance of a duty conferred or imposed by or under this Act.
refuses or fails to comply with a direction of the Minister referred to in section 16(b) or (c), shall be guilty of an offence.
(d), be liable to a fine, or to imprisonment for a period not exceeding six months; and in the case of a conviction of an offence mentioned in subsection (1)(b) or (c), be liable to a fine, or to imprisonment for a period not exceeding one year.
Any fine paid or recovered in respect of an offence under this Act shall be paid over to the Council.
give such directions concerning the functions of the board as he may deem fit, including the reconstitution of the board; or direct the transfer of all the assets, liabilities, rights and obligations of the Council to any other juristic person the objects of which substantially correspond to those of the Council and see that it is done.
The board shall in terms of a unanimous resolution by the societies present at a general meeting of the societies convened in terms of the constitution, dissolve the Council.
If the Council is dissolved the provisions of section 16 shall apply mutatis mutandis.
If the Minister gives a direction in terms of section 16(c) and the implementation of such direction has been completed, this Act shall lapse.
This Act shall be called the Societies for the Prevention of Cruelty to Animals Act, 1993.