- Government
Gazette
14704
-
STATE
PRESIDENT'S
OFFICE
-
- No.
564.
-
- 16
April
1993
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
- No.
42
of
1993:
Animal
Matters
Amendment
Act,
1993.
GENERAL
EXPLANATORY
NOTE:
-
Words
in
bold
type
indicate
omissions
from
existing
enactments.
-
ACT
-
- To
provide
for
directions
in
respect
of
injuries
caused
by
animals;
to amend
the
Animals
Protection
Act,
1962,
so
as
to
further
regulate
the prohibition
of
animal
fights;
and
to
provide
for
matters
connected
therewith.
-
- (Afrikaans
text
signed
by
the
State
President.)
(Assented
to
25
March
7993.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
- Directions
in
respect
of
injuries
caused
by
animals
-
- 1.
(1)
Any
person
as
a
result
of
whose
negligence
an
animal
causes
injury
to
another
person,
shall
be
guilty
of
an
offence
and
liable
on conviction
to
a
fine
or
to
imprisonment
for
a
period
not
exceeding
two years.
-
- (2)
Whenever
a
person
is
convicted
of
an
offence
in
terms
of
subsection
(1), the
court
convicting
him
may
in
addition
to
any
punishment
imposed
upon him
in
respect
of
that
offence-
-
- (a)
make
any
order
relating
to
the
removal,
custody,
disposal
or destruction
of
the
animal
concerned
and
the
recovery
of
any
costs incurred
in
connection
therewith;
-
- (b)
declare
the
person
convicted
to
be
unfit,
for
a
specified
period, to
own
a
certain
kind
of
animal
or
an
animal
of
a
specific
breed or
to
have
it
under
his
control
or
in
his
custody.
-
- (3)
Subsection
(2)
shall
mutatis
mutandis
apply
if
any
person-
-
- (a)
as
a
result
of
whose
negligence
an
animal
causes
the
death
of another
person
is
found
guilty
of
an
offence
with
regard
to
such
negligence;
-
(b)
as
a
result
of
whose
deliberate
action
an
animal
causes
the
death of
or
injury
to
another
person
is
found
guilty
of
an
offence
with regard
to
such
action.
-
- (4)
The
Minister
of
Justice
may
from
time
to
time,
with
the
concurrence
of the
Minister
of
State
Expenditure,
appropriate
funds
to
a
society
for costs
incurred
relating
to
the
removal,
custody,
disposal
or
destruction
of an
animal.
-
- (5)
(a)
A
person
who
has
in
terms
of
subsection
(2)(b)
been
declared
unfit,
for
a
specified
period,
to
own
a
certain
kind
of
animal
or
an
animal of
a
specific
breed
or
to
have
it
under
his
control
or
in
his
custody,
shall,
if
at
the
time
of
the
declaration
he
owns
or
has
under
his
control
-
or
in
his
custody
such
an
animal
and
such
animal
is
not
destroyed
in
terms of
subsection
(2)(a),
within
14
days
from
the
date
on
which
such declaration
was
made,
make
alternative
arrangements
for
the
caring
of
the animal
for
the
period
for
which
he
is
declared
unfit
to
own
such
an
animal or
to
have
it
under
his
control
or
in
his
custody.
-
- (b)
Subject
to
the
provisions
of
paragraph
(a),
any
person
who
owns
or has
under
his
control
or
in
his
custody
an
animal
in
contravention
of
a declaration
made
in
terms
of
subsection
(2)(b),
shall
be
guilty
of
an offence
and
liable
on
conviction
to
a
fine
or
to
imprisonment
for
a
period not
exceeding
one
year.
-
- (6)
Notwithstanding
anything
to
the
contrary
contained
in
any
law,
a magistrate's
court
shall
have
jurisdiction
to
impose
any
penalty
which
is provided
for
in
this
section.
-
- Amendment
of
section
2
of
Act
71
of
1962,
as
amended
by
section
21
of
-
Act
102
of
1972,
section
3
of
Act
54
of
1983,
section
5
of
Act
20
of
1985
-
and
section
13
of
Act
7
of
1991
-
- 2.
Section
2
of
the
Animals
Protection
Act,
1962,
is
hereby
amended
by the
deletion
of
paragraph
(o)
of
subsection
(1).
-
- Insertion
of
section
2A
in
Act
71
of
1962
-
- 3.
The
following
section
is
hereby
inserted
after
section
2
of
the
-
Animals:
Protection
Act.
1962:
-
- "Animal
fights
-
- 2A.
(1)
Any
person
who-
-
- (a)
possesses,
keeps,
imports,
buys,
sells,
trains,
breeds
or
has
under
his
control
an
animal
for
the
purpose
of
fighting
any
other
animal;
-
- (b)
baits
or
provokes
or
incites
any
animal
to
attack
another
animal
or to
proceed
with
the
fighting
of
another
animal;
-
- (c)
for
financial
gain
or
as
a
form
of
amusement
promotes
animal
fights;
-
(d)
allows
any
of
the
acts
referred
to
in
paragraphs
(a)
to
(c)
to take
place
on
any
premises
or
place
in
his
possession
or
under
his
charge
or
control;
-
- (e)
owns,
uses
or
controls
any
premises
or
place
for
the
purpose
or
partly
for
the
purpose
of
presenting
animal
fights
on
any
such
-
- premises
or
place
or
who
acts
or
assists
in
the
management
of any
such
premises
or
place,
or
who
receives
any
consideration
for the
admission
of
any
person
to
any
such
premises
or
place;
or
-
- (f)
is
present
as
a
spectator
at
any
premises
or
place
where
any
of the
acts
referred
to
in
paragraphs
(a)
to
(c)
is
taking
place
or
where
preparations
are
being
made
for
such
acts,
-
- shall
be
guilty
of
an
offence
and
liable
on
conviction
to
a
fine
or
imprisonment
for
a
period
not
exceeding
two
years.
-
- (2)
In
any
prosecution
in
terms
of
subsection
(1)
it
shall
be
presumed,
unless
the
contrary
is
proved,
that
an
animal
which
is found
at
any
premises
or
place
is
the
property
or
under
the
control
of the
owner
of
that
premises
or
place,
or
is
the
property
or
under
the
control
of
the
person
who
uses
or
is
in
control
of
the
premises
or
place.
-
- (3)
Notwithstanding
anything
to
the
contrary
contained
in
any law,
a
magistrate's
court
shall
have
jurisdiction
to
impose
any
penalty
provided
for
in
this
section.".
-
- Short
title
-
- 4.
This
Act
shall
be
called
the
Animal
Matters
Amendment
Act,
1993.
|
