- 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.
-
ACT
-
- To
provide
for control
of societies
for
the
prevention
of cruelty
to animals;
and for
matters
connected
therewith.
-
- (English
text
signed
by the
Acting State
President.)
(Assented
to 8
December
1993.)
-
- BE
IT ENACTED
by the
State
President
and the
Parliament
of the
Republic
of South
Africa, as
follows:-
-
- Definitions
-
- 1.
In this
Act, unless
the
context
otherwise
indicates-
-
- (i)
"animal"
means
an animal
as defined
in the
Animals
-
Protection
Act;
(iv)
-
- (ii)
"Animals
Protection
Act" means
the
Animals
Protection
Act,
-
1962
(Act
No. 71
of 1962);
(v) (iii)
"associated
Act"
means-
-
(a)
the
Performing
Animals
Protection
Act, 1935
(Act
No. 24
of 1935);
(b) the
Medicine
and Related
Substances
Control
Act, 1965
(Act
No.
101 of
1965);
-
- (c)
the
Veterinary
and Para-Veterinary
Professions
Act, 1982
(Act No.
19 of
1982);
-
- (d)
the Animal
Diseases
Act, 1984
(Act
No. 35
of 1984);
or
-
- (e)
the
Abattoir
Hygiene
Act, 1992
(Act
No. 121
of 1992);
-
- (vii)
-
(iv)
"Association"
means
the
SPCA National
Council
of Southern
Africa which
was incorporated
under the
Companies
Act,
1973 (Act
No. 61
of 1973),
as an
association
not for
gain;
(viii)
-
(v)
"board"
means
the board
established
by section
2(3); (ii)
(vi)
"constitution"
means
the
constitution
of the
Council
-
referred
to in
section
4;
(xi)
-
- (vii)
"Council"
means
the
National
Council of
Societies for
the Prevention
of Cruelty
to Animals
mentioned
in section
2(1); (xiii)
-
- (viii)
"director"
means
a director
of the
board
nominated
or elected
or deemed
to be
elected
in terms
of section
2(3);
(vi)
-
- (ix)
"financial
year"
means
a year
from
1 April
in any
year to
-
31
March in
the
following
year;
(iii)
-
- (x)
"Minister" means
the
Minister
of
Agriculture;
(xii)
-
- (xi)
"ordinary
resolution"
means
a resolution
reduced
to
writing
and
passed by
the majority
of the
societies
present
at a
general
meeting
of the
societies
convened
in
terms
of the
constitution;
(ix)
-
- (xii)
"restricted
name"
means
an expression
referred to
in section
8(1);
(i)
-
- (xiii)
"rules"
means
the rules
made
by the
board under
section 7;
(xiv)
-
- (xiv)
"society"
means
a society
registered
or
deemed
to be
registered
in terms
of section
8;
(xvi)
-
- (xv)
"special
resolution"
means
a resolution
reduced
to writing
and
passed by
a majority
of at
least two-thirds
of the
societies present
at a
general
meeting
of the
societies
convened
in
terms
of the
constitution;
(xv)
-
- (xvi)
"this
Act" includes
the rules
and the
constitution.
(x) Establishment
of Council
and board
and abolition
of Association
-
2.
(1)
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).
-
- (2)
At the
commencement
of this
Act the
Association
shall
cease
to exist.
-
- (3)
With a
view
to the
achievement
of the
objects
of the
Council
its affairs
shall be
managed
and controlled
by a
board consisting
of-
-
- (a)
directors elected
in
accordance
with
the
constitution;
and
-
- (b)
a director
nominated
by the
Minister.
-
- (4)
The directors
of the
Association
at the
commencement
of this
Act
shall
be deemed
to have
been elected
in terms
of subsection
(3)(a).
-
- Objects
of Council
-
- 3.
The objects
of the
Council are-
-
- (a)
to determine,
control
and co-ordinate
the
policies
and standards
of societies,
in order
to
promote
uniformity;
-
- (b)
to
promote
co-operation
among
societies;
-
- (c)
to prevent
the
ill-treatment
of animals
by promoting
their
good treatment
by man;
-
- (d)
to
promote
the interests
of societies;
-
- (e)
to take
cognizance
of the,
application
of laws
affecting
animals
-
and
societies
and to
make
representations
in connection
therewith to
the appropriate
authority;
-
- (f)
to do
all
things
reasonably necessary
for
or incidental
to the
achievement
of the
objects
mentioned
in paragraphs
(a) to
(e).
-
- Constitution
of Council
-
- 4.
(1) The
board
shall
frame
a constitution
for the
Council,
which shall
provide
for-
-
- (a)
amendment
thereof;
-
- (b)
the
representation
of societies
on the
board;
(c) the
quorum
for meetings
of the
board;
-
- (d)
the
voting
rights
of
societies;
(e) meetings
of societies;
-
(f)
alteration
in the
composition
of the
board;
-
- (g)
other
matters
the
regulation
of which
is necessary
for the
proper functioning
of the
Council and
the board.
-
- (2)
Any amendment
of the
constitution
shall
be
approved
by a
special
resolution.
-
- (3)
(a)
The
constitution
and each
amendment
thereof shall
be published
in the
Gazette.
-
- (b)
An amendment
of the
constitution
shall come
into
operation
on a
date 60
days
after
it was
published
in the
Gazette.
-
- (c)
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.
-
- (4)
(a)
Copies
of the
constitution
shall be
obtainable
from
the board
on payment
of the
amount
determined
by the
board.
-
- (b)
The amount
so determined
shall
be a
reasonable
amount,
regard
being had
to the
costs
to the
board
of such
a copy.
-
- Substitution
for Association
of
Council
-
- 5.
(1) At
the commencement
of this
Act-
-
- (a)
all
the
rights and
liabilities
of the
Association
shall
pass to
the
-
Council;
-
- (b)
the name
of the
Association
shall
in every
document,
including
a document
in connection
with a
legal
proceeding, be
deemed
to have
been
replaced by
the
name
of the
Council;
-
- (c)
agents,
representatives
and other
persons in
the
employ
of the
Association
shall become
agents,
representatives
and
persons
in the
employ
of the
Council,
as the
case may
be,
on and
subject to
the same
terms
and conditions
as
those
which applied
between
them
and the
Association
at the
said
commencement;
-
- (d)
the Registrar
of Companies
shall
deregister
the Association
in terms
of the
Companies
Act, 1973
(Act
No. 61
of 1973).
-
- (2)
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.
-
- (3)
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.
-
(4)
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.
-
- Functions,
powers
and duties
of Council
and board
-
6.
(1) The
Council
shall
for the
purposes of
section 8
of the
Animals -
Protection
Act be
a society
for the
prevention
of cruelty
to animals.
-
- (2)
In order
to perform
its functions
and to
achieve
the objects
of the
-
Council
the
board may-
-
- (a)
subject
to the
provisions
of, and
as contemplated
in, the
Fund-
raising
Act,
1978
(Act No.
107
of 1978),
collect contributions
or raise
funds
country-wide
in any
lawful
manner;
-
- (b)
receive
financial
grants
from
public
funds and
accept
donations
and bequests
from
any person
or estate;
-
- (c)
appoint
suitably
qualified
persons
as inspectors
and other
employees
of the
Council,
as well
as agents
and representatives,
to assist
it;
-
- (d)
confer
or impose
upon an
inspector
appointed
in terms
of paragraph
(c)
such functions,
powers and
duties as
the
board may
deem necessary,
including the
powers-
-
(i)
to enter
upon any
premises
or conveyance
of a
society;
(ii) to
examine
or test
or cause
to be
examined
or
tested any
-
animal,
material,
substance
or
other
article
on
such
premises
-
or
conveyance;
-
- (iii)
to take
samples
of any
such material,
substance
or other
article;
-
(iv)
to
examine
and
make
copies of
or extracts
from
any
book or -
- document
of a
society;
-
- (v)
to give
written
instructions
to
societies
regarding
the
execution
of the
board's
requirements
in terms
of this
Act;
-
- (vi)
to seize
any such
animal
or the
whole
or any
part or
quantity
of such
material,
substance
or other
article,
or any
such book
or
document
that
relates to,
or is
on reasonable
grounds believed
by him
to relate
to, or
may
afford proof
of, the
failure
of a
society to
perform
its
duties
or to
pursue
-
its
objects;
-
- (e)
defend
legal
proceedings
instituted
against
the Councils
and institute
legal
proceedings
connected
with
its
functions, including
such proceedings
in an
appropriate
court
of law
or prohibit
the commission
by any
person
of a
particular
kind
of cruelty
to animals,
and assist
a society
in connection
with
such
proceedings
against
or by it;
-
- (f)
for or
on behalf
of the
Council purchase
or otherwise
acquire,
or possess
or hire,
movable
and
immovable
property,
and alienate,
let,
pledge
or otherwise
encumber
such property;
-
- (g)
spend or
invest funds
of the
Council;
-
- (h)
from
time
to time
borrow money
by way
of
loans
from
any source
and against
the security
which
the
board
may
deem
fit;
-
- (i)
of itself,
or in
association
with
any person,
establish
a company
or
acquire
an interest
in or
control
over a
company;
-
- (j)
hire or,
on payment,
provide services;
-
- (k)
publish
information
concerning
the objects
and
functions
of the
-
Council;
-
- (l)
produce,
process and
sell products;
-
- (m)
approve products
or
services
connected
with
its functions,
and promote
the
production
or supply
thereof;
-
- (n)
co-operate
or enter
into agreements
with any
person, institution,
government
or administration,
upon
such conditions
as may
be agreed
upon;
-
- (o)
act
as official
national
representative
of societies
at all
national
and international
organizations
and meetings;
-
(p)
appoint
committees
consisting
of directors
or
directors
and other
persons
or other
persons
only
and delegate
to any
such committee
such of
its powers
or
assign to
it such of
its duties
as it
may
deem
fit;
-
- (q)
upon payment
of such
deposit as
the
board
may
determine,
arbitrate
in disputes
between
societies
or
between
a society
and a
member
of the
public,
and at
its discretion
refund such
deposit
or any
part thereof
at the
conclusion
of the
arbitration;
-
- (r)
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.
-
- (3)
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.
-
- Rules
by board
-
- 7.
(1) The
board
may
by
special
resolution
make
rules as
to- (a)
the course
of conduct
to be
followed
by societies;
-
(b)
requirements
to be
complied
with
in
connection
with
the
advertising
of
societies,
including
requirements
relating
to name-plates,
signboards, lectures,
interviews,
publications
in the
lay press,
-
printing
on letter
heads,
and the
use of
any other
name,
mark
or
-
depiction
in
conjunction
with
a restricted
name;
-
- (c)
the minimum
standards
for facilities
and services
used or
provided by
a society;
-
- (d)
the
manner
in
which and
the
time
at which
an application
for registration
in
terms
of section
8 is
to be
made,
and the
application fee
which is
payable;
-
- (e)
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.
-
- (2)
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.
-
- (3)
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).
-
- Registration
of societies
-
- 8.
(1) 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.
-
- (2)
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.
-
- (3)
No person
shall be
registered in
terms
of subsection
(4) (b)
(i) if
he is
a natural
person.
-
- (4)
The
board may-
-
- (a)
refuse an
application for
registration
if in
its
opinion
such
registration
would not
serve
the
objects of
the
Council
or if
in its
opinion
there
are
already
sufficient societies
serving
the
area
or community
likely
to be
served
by the
applicant
concerned;
-
- (b)
subject to
the provisions
of subsections
(3) and
(5)-
-
- (i)
grant
any such
application
on such
conditions
as it
may
determine;
-
- (ii)
make
the
continued
validity
of any
such registration
subject to
such
conditions
as the
board
may
determine,
whether
by the
imposition
of
further or
new conditions
or by
the amendment
or cancellation
of existing
conditions;
-
- (c)
cancel
any such
registration
if the
society
concerned
has contravened
or failed
to comply
with
any condition
imposed
by the
board
under paragraph
(b).
-
- (5)
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.
-
- (6)
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.
-
- (7)
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.
-
- (8)
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.
-
- (9)
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.
-
- (10)
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.
-
- Functions,
powers
and duties
of society
-
9.
(1) A
society shall
for the
purposes
of section
8 of
the Animals -
Protection
Act be
a society
for the
prevention
of cruelty
to animals.
(2) A
society-
-
(a)
shall
act
in accordance
with the
course of
conduct prescribed
by the
rules;
-
- (b)
shall at
all
times
be the
holder
of a
valid authority
under
the Fund-raising
Act, 1978
(Act
No. 107
of 1978),
when it
collects
contributions
in the
Republic
for
the achievement
of its
objects;
-
- (c)
shall
cause
proper
records,
statements
and accounts
to be
kept
of all
its financial
affairs
and transactions,
assets
and liabilities
-
in
respect
of each
financial
year;
-
- (d)
shall at
the
end of
each
financial
year
cause
such records,
statements
and
accounts
to be
audited
and certified
by a
person registered
as a
public
accountant
and auditor
under the
Public Accountants'
and Auditors'
Act, 1991
(Act
No. 80
of 1991);
-
- (e)
shall
on or
before the
last day
of July
in each
year
submit
to the
board
a report
on its
financial
affairs
of, and
activities
during,
-
the
preceding
financial
year,
accompanied
by a
copy of
its relevant
audited
and
certified
records, statements
and
accounts;
-
- (f)
shall
furnish
an inspector
appointed under
section 6(2)(c)
with
any information
or document
at its
disposal
to assist
the
board
in any
investigation
conducted
by the
board;
-
- (g)
shall permit
any representative
appointed
by the
board to
accompany
any inspector
or other
officer
of the
society
in the
performance
of
-
his
duties for
or on
behalf
of the
society;
-
- (h)
shall pay
timeously
its contributions
due
to the
board
in terms
of this
Act;
-
- (i)
shall
co-operate with
or permit
the board
to institute
legal
proceedings
where
the society
is
capable
of instituting
such proceedings
under
this Act,
the
Animals
Protection
Act or
the associated
Acts;
-
- (j)
shall
only
adopt or
apply such
memorandum,
articles
of
association,
constitution
or other
founding documents
as may
previously
have
been approved
by the
board in
writing
in its
discretion,
or make
-
amendments
thereto
which have,
subject to
subsection
(3),
been
so
-
approved;
-
- (k)
shall use
a restricted
name
only
in accordance
with
the provisions
of the
rules;
-
- (l)
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.
-
- (3)
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.
-
- Contributions
of societies
-
- 10.
(1) 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.
-
- (2)
The said
financial
contributions
shall be
determined
in accordance
with
the
constitution.
-
- (3)
(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.
-
- (b)
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.
-
- (c)
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.
-
- (d)
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.
-
- (4)
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).
-
- (5)
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.
-
- (6)
The board
may
institute
legal
proceedings
to recover
from
a society
any amount
due by
it to
the board.
-
- Failure
by society
-
- 11.
(1) If
a society
fails to
perform
any of
its
duties in
terms
of
-
this
Act
and does
not
remedy
such failure
within a
period
of 30
days
after the
board
has, subject
to
subsection
(2), by
written
notice to
such
-
society,
addressed
by registered
post or
delivered
to its
controlling
body,
called upon
it to
cease or
remedy
such
failure,
the
board may,
by a
decision of
at least
two-thirds of
the directors
and
subject
to the
-
- provisions
of subsection
(3)-
-
- (a)
designate
a representative
or representatives
of the
board
as a
member
or members
on such
society's
controlling body
and order
that
the society
replace
a corresponding
number
of
members
of its
controlling
body by
the representative
or
representatives
so designated;
-
- (b)
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
-
- (c)
cancel
the registration
of such
society.
-
- (2)
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.
-
- (3)
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).
-
- (4)
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.
-
- (5)
After the
board
has exercised
its rights
and powers
in terms
of subsection
(1)(a)
it may-
-
- (a)
revoke the
designation
of a
representative
or representatives
in terms
of the
said subsection;
-
- (b)
replace
any of
the
said
representatives
by representatives
or members
of the
society
concerned
determined
by the
board
in its
discretion;
or
-
- (c)
cancel
the registration
of such
society.
-
- (6)
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.
-
- (7)
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.
-
- Dissolution
of society
-
- 12.
(1) If
the registration
of a
society
is cancelled
or a
society
is
-
for
any
reason wound
up or
dissolved or
unable to
carry on
its
activities
or to
achieve
its
objects,
or for
any reason
any irresolvable
deadlock
develops
in its
controlling
body,
the board
may
in its
discretion-
-
- (a)
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
-
- (b)
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
-
- (c)
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).
-
- (2)
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.
-
- Report
to Minister
-
- 13.
(1) 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.
-
- (2)
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.
-
- Limitation
of
liability
-
- 14.
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.
-
- Offences
and
penalties
-
- 15.
(1) Any
person who-
-
- (a)
contravenes
or fails
to
comply
with a
provision of
section 8(1)
or
-
(9);
-
- (b)
obstructs
or hinders
the board
or any
inspector referred
to in
section 6(2)
(c) or
any
officer
of the
board
in the
exercise
of its
or his
powers or
the performance
of its
or his
duties or
functions under
this Act;
-
- (c)
falsely holds
himself
out to
be an
inspector or
representative
of the
board
acting
under
this Act,
the Animals
Protection Act
or an
associated Act;
-
- (d)
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.
-
- (2)
Any
person
who is
convicted
of an
offence in
terms
of this
Act shall-
-
- (a)
in the
case of
a first
conviction
of an
offence
referred to
in subsection
(1) (a),
be liable
to a
fine, or
to imprisonment
for a
period
not exceeding
two years;
-
- (b)
in the
case of
a second
or subsequent
conviction
of an
offence
mentioned
in
paragraph
(a), whether
it be
the
same
or some
other
offence
mentioned
in that
paragraph,
be
liable
to a
fine,
or to
imprisonment
for a
period
not exceeding
four years;
-
- (c)
in the
case of
a conviction
of an
offence
referred
to in
subsection
(1)
(d),
be liable
to a
fine,
or to
imprisonment
for a
period not
exceeding
six months;
and
-
- (d)
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.
-
- (3)
Notwithstanding
anything
to the
contrary
in any
law contained,
a magistrate's
court shall
be
competent
to impose
any
penalty provided
for in
this Act.
-
- (4)
Any
fine paid
or recovered
in respect
of an
offence
under
this Act
shall
be paid
over
to the
Council.
-
- Failure
of board
-
- 16.
If for
any reason,
including
the
failure
or refusal
by the
-
directors
to attend
any meetings
or vote
thereat
concerning
the functions
-
of
the board,
or an
irresolvable deadlock
among
the
directors
regarding
any
decision or
action
concerning
the
functions of
the
board, the
board is
incapable
and
will not
become
capable
of achieving
its
objects,
performing
its duties
and
exercising
its rights
and
powers
in terms
of this
Act, the
Minister
may-
-
- (a)
give a
ruling
with
regard
to any
dispute or
other matter
giving
rise
to such
inability
on the
part
of the
board
with a
view to
overcoming
such
inability;
-
- (b)
give
such directions
concerning
the functions
of the
board
as he
may
deem
fit, including
the
reconstitution
of the
board;
or
-
- (c)
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.
-
- Dissolution
of Council
-
- 17.
(1) 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.
-
- (2)
If the
Council
is dissolved
the provisions
of section
16 shall
apply mutatis
mutandis.
-
- Lapsing
of Act
-
- 18.
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.
-
- Short
title
-
- 19.
This Act
shall be
called the
Societies
for the
Prevention
of
-
Cruelty
to
Animals
Act,
1993.
|
