Magistrates cannot issue animal training and exhibition licenses, the Constitutional Court agreed on Thursday.
In a judgment delivered, the court suspended an order of constitutional invalidity for 18 months to afford Parliament the opportunity to cure a defect in the Performing Animals Protection Act.
The court found in an unanimous judgment that performance by a magistrate of administrative duties unrelated to his or her judicial functions offended the separation of powers.
This followed an application in the high court by the National Society for the Prevention of Cruelty to Animals (NSPCA)for an order declaring two sections of the act unconstitutional.
The NSPCA argued that magistrates did not have the expertise required to perform this function.
The high court upheld the NSPCA's contention and declared the impugned sections unconstitutional.
The high court also gave the minister of agriculture, forestry, and fisheries six months within which to rectify the defect.
It also established a temporary committee, comprising of two representatives of the NSPCA, two representatives appointed by the minister, and a representative appointed by the South African Veterinary Council, to perform the licensing function, pending confirmation of the decision by the Constitutional Court. - Sapa
NSPCA wins Concourt case
In a judgment delivered, the court suspended an order of constitutional invalidity for 18 months to afford Parliament the opportunity to cure a defect in the Performing Animals Protection Act.
The court found in an unanimous judgment that performance by a magistrate of administrative duties unrelated to his or her judicial functions offended the separation of powers.
This followed an application in the high court by the National Society for the Prevention of Cruelty to Animals (NSPCA)for an order declaring two sections of the act unconstitutional.
The NSPCA argued that magistrates did not have the expertise required to perform this function.
The high court upheld the NSPCA's contention and declared the impugned sections unconstitutional.
The high court also gave the minister of agriculture, forestry, and fisheries six months within which to rectify the defect.
It also established a temporary committee, comprising of two representatives of the NSPCA, two representatives appointed by the minister, and a representative appointed by the South African Veterinary Council, to perform the licensing function, pending confirmation of the decision by the Constitutional Court. - Sapa
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