Act 4 of 2016 appears in English and Afrikaans in Government Gazette No 40555 dated 19 January 2017. The object of Act 4 of 2016 (hereinafter referred to as the Amendment Act), is to amend the Performing Animals Protection Act 24 of 1935 (in Afrikaans text: “Beskerming van Gedresseerde Dierewet”) (hereinafter referred to as Act 24 of 1935).
What is new in terms of this Amendment Act?
Sections 2 and 3 of Act 24 of 1935 are repealed. These two sections made provision for the issuing of a licence and a certificate by a magistrate, for exhibiting and training of performing animals. The Amendment Act now provides for the designation of a National Licensing Officer by the Minister for Agriculture, Forestry and Fisheries (new section 3A of Act 24 of 1935), who shall, from now on, be empowered to grant, refuse, amend, suspend, reinstate, cancel and/or withdraw the required licence to enable any person who intends to exhibit an animal; trains an animal to be exhibited; or uses an animal for safeguarding (see new sections 3C and 3F of Act 24 of 1935).
Such a licence is valid for a period of 12 calendar months from the date of issue. Such licence is valid for use anywhere within the RSA, UNLESS the exhibition, training for exhibition of any animal or use of an animal for safeguarding is specifically prohibited in terms of any provincial law or municipal by-law in force within that specific jurisdiction. Phrased differently: In such a case, national legislation (Act 24 of 1935) is subordinate (Afrikaans: “ondergeskik”) to provincial and/or municipal legislation. Wow! (See the new sections 3J and 3K of Act 24 of 1935).
New sections 3M to 3P of Act 24 of 1935 are about an appeal procedure by a person (applicant) who feels aggrieved by any decision or action by the national licensing officer supra.