Minister of Agriculture, Forestry and Fisheries v National Society for the Prevention of Cruelty to Animals

Sections 2 and 3 of the Performing Animals Protection Act 24 of 1935 were declared constitutionally invalid because they required magistrates to perform executive or administrative licensing functions, infringing the separation of powers. The Constitutional Court confirmed this invalidity in 2013 but suspended the declaration to allow Parliament to cure the defect. Parliament failed to do so within the original and two extended suspension periods. The Minister of Agriculture, Forestry and Fisheries therefore brought an urgent third application to extend the suspension, citing delays caused primarily by an inquorate vote in the National Council of Provinces on the amending Bill, which raised constitutional concerns and prevented presidential assent.

Paragraph 2 of the Constitutional Court’s order of 11 July 2013 was varied to extend the suspension of the declaration of invalidity from 27 August 2016 until 31 July 2017. No order as to costs was made.

The case is significant for clarifying and reaffirming the Constitutional Court’s remedial powers under section 172(1) of the Constitution, particularly the principles governing extensions of suspended declarations of invalidity. It underscores that such extensions are exceptional, must be justified by cogent reasons, and are not granted as a matter of course, reinforcing the rule of law and the obligation of the legislature and executive to comply with court orders.