NSPCA

The NSPCA became well known for its involvement and handling of the Tuli Elephant case in 1998. The case involved thirty (30) juvenile elephants that were forcibly removed from their natural herds in the Tuli area of Botswana. The elephants had been transported to South Africa and were being trained using a circus elephant and individuals who had come out from Malaysia to do so. The training methods used were cruel and inhumane. A guilty verdict was given in court, this was a landmark achievement for the NSPCA and wild animals in South Africa.[14]

On 24 November 1994 Nelson Mandela, the former president of South Africa, became the Patron-in-Chief of the NSPCA.[15] an honour he held until his death in 2013. After Mandela's death, the NSPCA described as a man dedicated to human kind, to his country, friend and foe, animal and human; he stood for equality throughout his life.[16]

The NSPCA donated funding towards the assistance of animals affected by 2004 Indian Ocean earthquake and tsunami in Asia. The funding was donated to assist the animals directly that were affected by the tsunami.[17]

In November 2013 the NSPCA arrested 18 suspects who were caught in the act of illegal dog fighting in Tsakane in the East Rand. The suspects were arrested and charged for illegal dog fighting. Dog fighting is a criminal and prosecutable offence in South Africa. Fourteen (14) pit bull type dogs were confiscated from the property and were used for fighting purposes. Some of the dogs were badly injured as a result of the fighting and had to be humanely euthanised.[18] On 5 February 2018 a guilty verdict was handed down on 17 of the suspects by the presiding Magistrate in the Nigel Regional Court. Ten men were found guilty of being spectators at this dog fight and were sentenced to 2 years under strict house arrest (Benedict Ngcobo, Gift Nkabinde, Sabelo Mtshali, Thabiso Mahlangu, Bongani Skakane, Lehlohonolo Nomadola, Thulane Dhlosi, Mxolisi Khumalo, Nkosana Masilela, Sipho Masombuka). All the convicted men were found unfit to possess firearms and found unfit to own dogs, and, if found in possession of a dog, would be liable to 12 months direct imprisonment. Further to the life changing conditions of house arrest, the ten spectators were also sentenced to 360 hours of community service and a total of R50 000 to be paid to the NSPCA. During the course of this trial one of the accused chose to plead guilty and was sentenced to R20 000 or 20 months imprisonment which was suspended for 5 years on condition that he did not re-offend.[19]

A large number of farm animals died after being neglected on a farm owned by Thandi Modise, chairperson of the National Council of Provinces in July 2014. In 2018, the NSPCA mounted a private prosecution with the assistance of AfriForum, as the National Prosecuting Authority (NPA) failed to bring the matter to court.

Modise had responded to the claims by stating that she was "learning" how to farm, and that she had appointed a farm manager, but he had abandoned his duties to attend to a family matter. Approximately four months later, it was reported that conditions on the farm had improved, that Modise's cattle had been receiving sufficient food and were in an "acceptable condition".[20]

The NSPCA had its victory in the Constitutional Court of South Africa on 8 December 2016 when the organisation won its case it brought before the Court to institute Private Prosecutions in terms of Section 8 of the Criminal Procedure Act, 1977. This after the organisation lost its cases it brought before the North Gauteng High Court and the Supreme Court of Appeal of South Africa on the same matter of Private Prosecutions.[21] The reason the NSPCA brought the case before the Courts is because despite “overwhelming” evidence of animal cruelty or abuse‚ the National Prosecuting Authority of South Africa (NPA) declined to prosecute the cases brought by the organisation, resulting in animal abusers not being charged on charges of animal cruelty. The Constitutional Court of South Africa also ruled that the Respondents, The Minister of Justice and Constitutional Development and the National Director of Public Prosecutions, were to pay the organisations costs in all three applications.[22]

The Wildlife Protection Unit of the NSPCA investigated a complaint in May 2017 of a baboon being abused in the care of the East London Zoo which is state owned and managed by the Buffalo City Metropolitan Municipality. The baboon was known as William and was paralysed, dragging his body around in the enclosure. The East London Zoo failed to provide the baboon with veterinary care. The baboon had to be humanely euthanised. The NSPCA laid criminal charges against the East London Zoo and Buffalo City Metropolitan Municipality.[23]

In 2016, Brian Boswell of the Boswell Circus, brought a civil case against the National Council of SPCAs (NSPCA), claiming a loss of income said to have been caused by the organisation speaking out against the circus's use of wild animals in performances, and sued the organisation for R16 349 805.36 plus interest. Some three years later, Mr Boswell and the Circus have withdrawn the case against the NSPCA and have tendered the NSPCA's legal costs.[24] Following the cancellation of and poor attendance at shows in certain towns due to public outcry, Mr Boswell instituted legal action against the organisation, blaming them for the cancellations and poor attendance, the alleged forced removal of wild animals from the circus performances and therefore causing a loss of income. The NSPCA defended the matter by filing legal papers and also called for financial documentation and further information from Mr Boswell, who was required to prove the loss of income. Mr Boswell withdrew the case and will be paying the NSPCA's legal costs.[25]

Five people have been convicted and sentenced to jail for 2½ years each for their involvement in illegal dog fighting and ill-treatment of animals. A sixth person was sentenced to one year in jail for watching a dog fight.[26] Kamogelo Mpiyane, Tshepo Aubrey Sejabatho, Enos Makhamatha, Jabu Phillip Mabena and Samuel Mashilo Mothiba were all sentenced to two and a half years imprisonment - with no option of a fine and Samuel Ribane was sentenced to 12 months of direct imprisonment for his part of merely watching a dog fight unfold - by the Atteridgeville Magistrate's Court.[27] The NSPCA rescued 14 Pit-Bull fighting dogs from atrocious conditions in Atteridgeville last year. The six individuals who appeared in the Atteridgeville Court were found guilty for their part in dog fighting and Cruelty to animals offenses and were all sentenced to years of direct imprisonment by Magistrate JC Kruger for the possession of dogs for the purpose of dog fighting and for the dreadful living conditions they were subjected to.[28]

The Pretoria High Court ruled in favour of the NSPCA in a matter between the NSPCA and the Minister of the Department of Environmental Affairs (DEA) and the South African Predator Breeders Association regarding the lion bone export quotas and the implications for the welfare of captive lion.[29] Judge Kollapen found that the quotas set in 2017 and 2018 for the export of lion bone skeletons were unlawful and unconstitutional, and did not follow due process. It was further stated that the Minister and the Department of Environmental Affairs disregarded the welfare of captive lion in setting the quota, and whilst welfare is not their mandate, the Minister and the DEA must take the welfare of captive lion, and other captive wildlife into consideration in decision making.[30] The NSPCA have recently opened a number of criminal cases against captive lion facilities that have neglected, and in some instances, completely disregarded the welfare of their lions. For these reasons, the NSPCA launched this application as the lion bone quota directly impacts the welfare of captive lions.[31]

The goal of the NSPCA Animal Ethics Unit is the replacement of animal experiments with humane alternatives. Until this can be achieved, we work to ensure that the minimum number of animals are used, and ensure that their welfare is upheld.[35]

The NSPCA Animal Ethics Unit adopts a constructive, practical approach:

• Judging every issue individually by developing more effective systems of ethical review;
• Critically questioning the necessity and justification for animal use in research and education;
• Arguing the need to reduce the conflict between the interests of animals and of science;
• Working to improve National Standards and legislation that regulates or creates a demand for animal use; and
• Monitoring animal welfare by conducting regular inspections at animal research facilities and serving on Animal Ethics Committees.

The NSPCA Communications Unit includes Marketing, Public Relations and Web Management/Social Media functions as a support base and deals with branding, relationship management, publicity, communicating with the media and general public and securing donor funding. A key component of the Communications Unit is to showcase the NSPCA as the leader in animal welfare in South Africa and we strive to convey our messages in a way that is credible, visible and truthful. This portfolio has no budget and depend on donated services which includes creative work to develop advertising material, the production of advertisements and the placing of them in publications, on radio or on web sites and social media platforms.[36]

The NSPCA believes that all animals are deserving of consideration, even those being raised to feed people and other animals or those raised for their skins. We work towards persuading consumers, industry and government to build a future where cruelty is prevented. The NSPCA Farm Animal Protection Unit inspects facilities where farm animals are kept, used or farmed. Some of the areas covered by the Unit are intensive farming, draught animals, pounds, export, abattoirs, sale yards, transportation and small scale farmers. The Units activities include investigation of complaints, routine inspections and disaster response and assistance. More farm animals are used than any other type of animal in South Africa and farming is more and more seen as a lucrative source of income, especially by small scale farmers. The transition towards small scale farming, however, is not without effect on animal welfare and often aggravates welfare problems instead of solving them. These issues and problems are not limited to any one species of animal. There are certain legally acceptable farming systems that we are opposed to and believe are inhumane. While we strive to change perceptions and legislation, we also have to do everything possible to assist any animals that are suffering.[37]

The main objectives of the NSPCA Society Liaison Unit are to uphold and enforce the provisions of the SPCA Act No 169 of 1993, in terms of which its duty is to ensure that all 90 SPCAs comply with the policies and standards that have been formulated with these SPCAs and adopted over the years. The Unit actively promote co-operation between member SPCAs and their interests by providing advice, guidance, training, educational material, assistance with complex cases and, when necessary, making national appeals on behalf of struggling SPCAs.[38]

One of the responsibilities of the NSPCA Special Investigations Unit is to address the horrendous and illegal practice of dog fighting. Various dog fighting raids and pit bull cruelty court cases initiated by the NSPCA have presented opportunities and platforms towards bringing this cruel practice to the attention of both the private and the governmental sector. Ensuring that accurate information, based on actual fact, presented on an individual and public scale, has resulted in the NSPCA gaining credibility not only in our own country but also amongst the international community. Unit staff ensure that dog fighting cases already in the legal system continue forward and benefit from determined National Council and judicial system attention as well as maintained public support. The NSPCA Special Investigations Unit plays an active part in rescuing fight victims and ensuring, as far as possible, that perpetrators of dog fighting are brought to book. The Unit provides extensive guidance and support to SPCAs around the country to assist them in their individual campaigns against dog fighting.[39]

As the name suggests, the NSPCA Special Projects Unit is responsible for monitoring the welfare of animals which are used in recreational, guarding and exhibition activities. It also deals with animals that do not fit into the traditional production, companion or wild categories. The issues dealt with cover a diverse range of activities, and encompass animal husbandry, training and application. The Unit focuses on the following industries: pigeon racing, aquaculture, security companies using dogs, dog racing and the transportation of animals through our ports of entry and exit (borders). The Unit also works extensively on humane deterrents or control of "problem animals” and electronic training devices.[40]

Training is offered internally to SPCAs around South Africa (Inspectors, Refreshers, Seniors, Committees and Field Officers). It is essential, particularly in the case of new inspectors, that a sound and thorough knowledge of the law and legal procedures is imparted. The lecturers are all specialists in their fields and are thus able to answer questions and allow candidates an insight into a variety of subjects and provide for a valuable learning experience. The NSPCA Training Unit also offers appropriate training packages to stakeholders in the different fields of operation. Training of service providers assists in equipping officials to better understand and address animal welfare concerns in their varied work environments.[41]

The NSPCA Wildlife Protection Unit has been in operation since 1987 and gained national recognition for its expertise and sound approach to the welfare of wildlife, often being called upon to assist in the resolution of practical problems. National issues and problems are addressed through the development of standards for the benefit of animals within the wildlife industry. The Unit is also active in providing welfare input into national and provincial legislation which control wild animal use. The Unit's activities include – wildlife rescue operations, lobbying to outlaw unethical practices, monitoring of conditions in zoos, sanctuaries and rehabilitation centres, elephant-back safaris, captive predator facilities et al. through pro-active inspections and complaint investigations and assisting SPCAs around the country with wildlife issues in their respective areas. The Unit provides awareness training on the Animal Protection Act, and its implications for captive wildlife facilities and wild animal welfare.[42]