Today, the National Council of SPCAs (NSPCA) will appear before the Constitutional Court as a respondent in a matter that could significantly impact the legal recognition of wildlife well-being within the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA). The NSPCA remains resolute in defending the inclusion of “well-being” in NEMBA.
The matter does not affect the NSPCA’s existing statutory powers to protect animals under the Animals Protection Act 71 of 1962, which remains enforceable.
In 2022, the NSPCA succeeded in its efforts to include “well-being” in NEMBA. This amendment recognised that human-induced activities affecting wildlife must take animal welfare into account. The inclusion followed significant engagement with stakeholders, including the Department of Forestry, Fisheries and the Environment, and aligns with court findings recognising animals as sentient beings worthy of protection.
The definition of “well-being” included in NEMBA refers to the holistic circumstances and conditions conducive to an animal’s physical, physiological, and mental health and quality of life, including its ability to cope with its environment.
The South African Hunters and Game Conservation Association (SAHGCA) subsequently approached the Constitutional Court seeking to challenge provisions relating to animal well-being in NEMBA. The NSPCA was not informed of this application despite its direct legislative interest in the matter and its statutory mandate to protect animal welfare.
After indicating its intention to intervene and oppose the application, the NSPCA became aware that attempts were allegedly being made to settle the matter without its participation. In response, the NSPCA approached the Gauteng Local Division of the High Court on an urgent basis to prevent any settlement pending its intervention application before the Constitutional Court.
The High Court granted an urgent interdict preventing the matter from being settled to the exclusion of the NSPCA.
The matter has significant implications for wildlife protection, environmental governance, and the legal recognition of animal well-being in South Africa. The NSPCA will continue to defend the legal recognition of animal well-being and uphold its statutory mandate to protect animals under South African law.
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