Case against animal Act to be heard
2013-03-18 22:24
Johannesburg - The Constitutional Court will hear an
application on Tuesday for confirmation of a constitutional invalidity order of
certain provisions of the Performing Animals Protection Act.
The North Gauteng High Court in Pretoria declared
sections of the act unconstitutional as they empower magistrates to issue
licences and certificates allowing for the training and exhibition of animals.
The court found it was not appropriate for a magistrate
to perform an administrative function such as licensing, and that these
sections infringed the doctrine of separation of powers provided for in the
Constitution.
The High Court declared the provisions unconstitutional.
It gave Agriculture, Forestry and Fisheries Minister Tina
Joemat-Pettersson six months to correct or cure the defect in the legislation.
The High Court established a temporary committee to
exercise the licensing function pending the Constitutional Court's decision.
The declaration of invalidity is before the court only
for confirmation.
The minister does not oppose the confirmation.
The Licensed Animal Trainers' Association has been
admitted as an intervening party.
It contends that magistrates are entitled to perform
administrative tasks in certain circumstances.
It argues that, if the declaration of invalidity is
confirmed, magistrates should be allowed to continue the licensing function
until Parliament has amended the provisions.
The Commercial Producers' Association and the SA
Association of Stills Producers were admitted as friends of the court and
represent the interests of commercial film and print media.
- SAPA
