PERFORMING ANIMALS PROTECTION ACT NO. 24 OF 1935 [ASSENTED TO 29 APRIL,
1935] [DATE OF COMMENCEMENT: 8 MAY, 1935]
(Signed by the Governor-General in Afrikaans) as amended by General Law Amendment
Act, No. 62 of 1955 [with effect from 6 July, 1955]
Animals Protection Amendment Act, No.7 of 1972
Animals Protection Amendment Act, No. 54 of 1983
Animals Protection Amendment Act, No. 20 of 1985
Protection of Animals Amendment Act, No.7 of 1991
GENERAL NOTE
In terms of Proclamation No. R.45 of 8 August, 1997, the administration of Act
No. 24 of 1935 has been assigned to the Minister for Agriculture and Land
Affairs.
ACT
To regulate the exhibition and training of performing animals and the use of
dogs for safeguarding.
[Long title substituted by s. 11 of Act No.7 of 1991]
ARRANGEMENT OF SECTIONS
1. Restriction on exhibition and training of performing animals and use of dogs
for safeguarding
2. Magistrate may issue licence for exhibiting and training of performing
animals and for use of dogs for safeguarding
3. Certificate in respect of licensed animals
4. Right of entry
5. Obstruction of police officer
6. Jurisdiction of magistrate's court
7. Regulations
8. Penalty
9. Saving
10. Act to be read with Act 71 of 1962
11. Interpretation of terms
11A. ......
12. Short title
1. Restriction on exhibition and training of performing animals and use of dogs
for safeguarding.-No person shall exhibit or train or cause or permit to be
exhibited or trained for exhibition any animal of which he is the owner or has
the lawful custody or use any dog for safeguarding unless such person is the
holder of a licence.
[S 1 substituted by s. 1 of Act No.7 of 1991.]
Wording of Sections
2. Magistrate may issue licence for exhibiting and training of performing
animals and for use of dogs for safeguarding.-Any person intending to exhibit
or train for exhibition any animal, or who uses a dog for safeguarding, may
apply in writing in the prescribed form to the magistrate of the district in
which such person resides, performs or carries on business, for a licence to do
so, who shall grant the same: Provided that-
(a) the magistrate is satisfied that such person is a fit and proper person;
(b) such licence shall be granted for a calendar year and expire on the
thirty-first December in every year;
(c) the magistrate may, if in his opinion there is good and sufficient reason,
refuse to renew such licence; and
(d) the Minister may by regulation prescribe the form of an application for a
licence and the form of the licence, the conditions subject to which such
licence shall be held, and the fee which shall be paid for such licence and for
the renewal thereof.
[S 2 amended by s. 18 of Act No. 62 of 1955 and by s. 1 of Act No.7 of 1972 and
substituted by s. 2 of Act No. 7 of 1991.]
Wording of Sections
3. Certificate in respect of licensed animals.-(1) The holder of a licence
referred to in section 2 shall not exhibit or train any animal or cause it to
be exhibited or trained for exhibition or use any dog for safeguarding unless
he is in possession of a certificate authorizing such exhibition, training or
use of all animals in respect of which such licence is held.
(2) The certificate referred to in subsection (1) shall be issued by the
magistrate in the prescribed form after submission to him of the prescribed
information by the licence holder.
(3) Upon such certificate shall be specified the form of training, exhibition
and use, as the case may be, of the animal or animals in respect of which it is
issued. (4) It shall be competent for a magistrate upon the application of the
holder of a certificate to amend such certificate by either-
(a) deleting therefrom animals which are no longer in the possession or custody
of the holder; or
(b) adding other animals which have since the issue or renewal of the licence
come into the possession or custody of the holder; or
(c) modifying the form of training, exhibition or use specified thereon, and
for such amendment no charge shall be made.
[S 3 substituted by s. 3 of Act No.7 of 1991.]
Wording of Sections
4. Right of entry.-In addition to the powers conferred by any other law any
police officer may-
(a) at any reasonable time enter upon any premises, place or vehicle in which
animals are maintained, or kept or confined for the purposes of exhibition or
of being trained or of being transported or in which dogs used for safeguarding
are maintained, kept, confined or conveyed;
(b) inspect any such animals, dogs, premises, places or vehicles and may fully
enquire into the measures and methods by which such animals or dogs are
controlled, restrained, trained or used and the course of feeding such animals
or dogs; and
(c) during any exhibition of trained animals, or during the use of dogs for
safeguarding, or at any other time, enter upon any premises, place or vehicle
or portion thereof used in connection with such exhibition or use in order to
inspect such premises, place or vehicle, the animals or dogs present therein and
the conditions under which such animals or dogs are maintained, controlled and
fed during such exhibition or use and at other times.
[S 4 substituted by s. 4 of Act No.7 of 1991.]
Wording of Sections
5. Obstruction of police officer.-Any person who willfully obstructs, delays or
otherwise interferes with a police officer in the exercise of the powers herein
granted, or who conceals any animal with intent to defeat the exercise of such
powers, or otherwise hampers or impedes the exercise of such powers shall be
guilty of an offence and liable on conviction to a fine not exceeding R4 000 or
to imprisonment for a period not exceeding twelve months in addition to any
other penalty imposed for the contravention of any provision of this Act or any
regulation made thereunder.
[S 5 substituted by s. 2 of Act No.7 of 1972 and by s. 2 of Act No. 20 of 1985
and amended by s. 5 of Act No.7 of 1991.]
Wording of Sections
6. Jurisdiction of magistrate's court.-For the purpose of this Act a
magistrate's court shall have jurisdiction and shall have the powers conferred
by the Animals Protection Act, 1962 (Act No. 71 of 1962).
[S 6 substituted by s. 3 of Act No.7 of 1972.]
Wording of Sections
7. Regulations.-The Minister may in addition to any other power specially given
herein make regulations not inconsistent with this Act for prescribing any or
all of the following matters:-
(a) the form of application and information to be supplied for the granting of
a licence and for the renewal thereof;
(b) (i) the form of certificate which shall be issued in respect of licensed
animals or dogs and the form of amendments which may be made on such
certificates;
(ii) the information to be supplied for the issuing of a certificate referred
to in subparagraph (i), which includes the manner of identification of an
animal or dog;
[Para. (b) substituted by s. 6 (a) of Act No.7 of 1991.]
Wording of Sections
(c) the method and form of confinement and accommodation of any animal class,
species or variety of animals in respect of which a certificate has been
issued, whether travelling, or being transported or stationary;
(d) any other reasonable requirement which may be necessary to prevent cruelty
or suffering in the exhibition, training, maintenance, use or travelling of
animals in respect of which a certificate has been granted;
[Para. (d) substituted by s. 6 (b) of Act No.7 of 1991.]
Wording of Sections
(e) a penalty of a fine not exceeding R4 000 or imprisonment for a period not
exceeding twelve months for a contravention of any regulation,
[Para. (e) substituted by s. 4 of Act No.7 of 1972, by s. 1 of Act No. 54 of
1983, by s. 3 of Act No. 20 of 1985 and by s. 6 (b) of Act No.7 of 1991.]
Wording of Sections
and generally for the better carrying out of the objects and purposes of this
Act. 8. Penalty.-(1) Any person contravening the provisions of this Act or any
regulation made thereunder for which a penalty has not been prescribed or any
condition of a licence or certificate shall be guilty of an offence and liable
on conviction to a fine not exceeding R4 000 or to imprisonment for a period
not exceeding twelve months.
[Sub-so (1) substituted by s. 5 of Act No.7 of 1972, by S. 2 of Act No. 54 of
1983 and by S. 4 of Act No. 20 of 1985 and amended by s. 7 of Act No.7 of
1991.]
Wording of Sections
(2) In addition to the penalty provided for in sub-section (1) it shall be
lawful for a magistrate to suspend for such period as he may determine not
exceeding one year the licence of any person convicted of a second or
subsequent offence under this Act or any other law relating to the prevention
of cruelty to animals. (3) Every magistrate shall endorse upon the licence of
every holder the particulars of every offence of which such holder has been
convicted and the penalty imposed.
9. Saving.-Nothing in this Act shall apply to the confinement or training of
animals for military, police or sporting purposes or the purpose of an
agricultural show, horse show, dog show, caged bird show or any public
zoological gardens, or to the exhibition of animals at a military or police
tournament or a gymkhana, or at any such show or in any such gardens or to the
use of a dog for safeguarding by the South African Defence Force, the South
African Police or the Prisons Service.
[S 9 substituted by s. 8 of Act No.7 of 1991.]
Wording of Sections
10. Act to be read with Act 71 of 1962.-This Act shall be read as one with the
Animals Protection Act, 1962 (Act No. 71 of 1962), and the powers herein
granted unless the contrary intention appears shall be in addition to any
powers granted by that Act.
[S 10 substituted by s. 6 of Act No.7 of 1972.]
Wording of Sections
11. Interpretation of terms.-For the purposes of this Act and any regulations
made thereunder unless the contrary intention appears the following terms have
the meaning respectively assigned to them:-
"animal" has the meaning assigned to it by the Animals Protection
Act, 1962 (Act No. 71 of 1962), but does not include any reptile;
[Definition of "animal" substituted by s. 7 (a) of Act No.7 of 1972.]
"certificate" means a certificate issued and in force under this Act
together with a licence and includes any amendment thereof;
"exhibit" means to expose for show at any entertainment to which the
public are admitted whether for payment of money or otherwise;
"licence" means a licence granted and in force under this Act;
"licence holder or licensee" means the person to whom a licence has
been granted;
"Minister" means the Minister to whom the administration of this Act
has been assigned;
"police officer" has the meaning assigned to it by the Animals
Protection Act, 1962, and includes a person authorized under section 8 of the
said Act; [Definition of "police officer" substituted by s. 7 (b) of
Act No.7 of 1972.]
"train" means train for the purpose of exhibiting or of use for
safeguarding; [Definition of "train" substituted by s. 9 (a) of Act
No.7 of 1991.]
"use for safeguarding" means the training, use or placing at disposal
for gain, or the letting, of a dog, with a view to or for the protection of
persons and property. [Definition of "use for safeguarding" added by
s. 9 (b) of Act No.7 of 1991.]
11A. ......
[S 11 A inserted by s. 8 of Act No.7 of 1972 and repealed by s. 10 of
Act No.7 of 1991.]
Wording of Sections
12. Short title.-This Act may be cited as the Performing Animals Protection
Act, 1935.