New by laws!

KNOW YOUR RIGHTS

WHEN THE PET POLICE

RAID YOUR HOME

 

The Johannesburg metro council has implemented its new by-law imposing limits on the numbers of pets a household may care for despite strong public opposition.  No believable, rational, legally justifiable or constitutionally compliant reasons have been offered for this anti-animal by-law.  Animal welfare is covered by national legislation, the Animals Protection Act (APA) of 1964.  Environmental, health and noise by-laws already exist – therefore this is superfluous legislation.

The Johannesburg metro council has made it clear that the by-law has nothing whatsoever to do with animal welfare.

It is extremely disappointing to animal-lovers that the SPCA, to which the public has entrusted the safeguarding of the welfare of animals, is acting as an agent of the council in enforcing the head-count by-law.  The SPCAs are already massively overloaded with unwanted and abandoned animals and the noxious by-law will cause the euthanasia rate to soar even higher. The public should, as a moral imperative, adopt more homeless animals, not fewer.

Before the advent of the by-law, the SPCA was bound by the Animals Protection Act, sound legislation that empowered it to act only in instances of animal cruelty or neglect. Animals could be removed from a home only if immediate seizure was necessary because of their condition.  Any seizure had to be preparatory to a criminal prosecution in terms of the APA.  The animals could not be killed until after a successful prosecution in a court of law for cruelty or neglect.

The SPCA, in being prepared to act as the metro council’s “pet police”, has shown itself willing to remove from homes and kill healthy well-cared for and loved companion animals simply because they are in excess of the number arbitrarily set by the council.

The new numbers-limits by-law would evade the legal requirements for confiscation specified in the APA.  The lives of thousands of animals are put at risk by the implementations of these cruel by-laws.  And thousands of animals will be killed.  The SPCAs mission – preventing cruelty to animals and ensuring their welfare – has been made a mockery of and superseded by counting heads.

The metro council stated that it would only act on receiving complaints.  It takes only one anonymous call from a spiteful neighbour or family member to summon the “pet police” to do a head-count of animals. Any SPCA will confirm that the majority of calls received from the public are groundless and often vindictive.

The irrational numbers-limit by-law is unconstitutional and discriminates against less well-off people, who would not be able to afford a permit. Money wasted on expensive permits would be better spent on good quality pet food and veterinary services.

 

 

KNOW YOUR RIGHTS IN DEALING WITH AN SPCA OR CITY COUNCIL INSPECTION. 

1.       If the inspection is by an SPCA inspector in connection with an allegation of animal abuse or neglect, demand that you be shown a warrant, signed by a magistrate, authorising the inspection.  The warrant must include your address.  To obtain a warrant, an inspector must swear before a magistrate, under oath, that there are reasonable grounds to believe that animals at the given address are being abused or neglected.  If your animals are not abused or neglected, you have the option of complaining to the magistrate and querying the grounds used to obtain the warrant  The inspector will have to substantiate the grounds for suspecting abuse or neglect.  Do not confuse a magistrate’s letter of appointment, carried by all SPCA inspectors, with a magistrate’s warrant authorising an inspection of a specific premises.

2.       If the inspection is in terms of the Johannesburg by-law that restricts pet numbers, you may demand to be shown a letter of authority from the council in which the SPCA is authorised to enforce the by-law. If the inspection in terms of the by-law is by a council official, and not by the SPCA, presentation of a similar document, stating that the official is authorised to make the inspection, may be demanded.

3.       The SPCA has no authority to demand that a householder produce certificates of inoculation or sterilisation for pets – the inoculation and sterilisation of pets is to be encouraged, but failing to inoculate and sterilise is not a criminal offence – but the inspector is likely to make that demand. If it is refused, the threat (implied or explicit) is that you will not be given a permit

4.       In the event that you are found not to be in compliance with the by-law, you are entitled to a grace period of 30 days in which to comply.  Animals may not be removed until the expiry of the 30 days. The following is extracted from a sample letter supplied by the City of Johannesburg:

APPLICATION FOR A PERMIT IN TERMS OF SECTION 3 OF THE CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY BY-LAWS RELATING TO DOGS AND CATS (GN 1334 OF 2006): STAND 235 HIGHLANDS NORTH

You are obliged to apply for a permit in terms of the above By-laws as you are keeping a greater number of dogs on the abovementioned premises than the number permitted …

You are therefore required to submit your application to this Department within Thirty (30) days from the date of this letter in the prescribed format …

5.       Tell the inspector to return at an agreed time and date.  Make sure that you have at least one witness on hand when the inspector returns – preferably an attorney, preferably not a blood relative.

6.       Photograph the inspection, particularly the ransacking of cupboards and drawers,  breaking of furniture, physical violence by the inspector (who might be accompanied by the police, a health inspector or other council official, even by the fire department).  You have every right to record photographic evidence in your own home.  Keep a record of physical and verbal abuse.

7.       Get a lawyer.

 

 

 

The anti-animal by-law is eminently open to challenge in court on constitutional and other grounds in the opinion of advocates in Johannesburg and in Cape Town, where a similar by-law is to be promulgated.  Litigation is almost certain in Johannesburg and is probable in Cape Town.

 

Issued by United for Animals

unitedforanimals@wol.co.za