National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development and Another

In November 2010 the NSPCA became aware of a religious sacrificial slaughter of two camels which its inspectors witnessed as involving severe and repeated throat-cutting causing prolonged suffering. Believing offences under the Animals Protection Act 71 of 1962 had been committed, the NSPCA referred the matter to the National Prosecuting Authority, which declined to prosecute despite what the NSPCA considered overwhelming evidence. The NSPCA then sought to institute a private prosecution and requested a certificate nolle prosequi under section 7(1)(a) of the Criminal Procedure Act 51 of 1977. The NPA refused, stating that the NSPCA, as a juristic person, could not prosecute under section 7(1)(a) and that neither the Criminal Procedure Act nor the Societies for the Prevention of Cruelty to Animals Act 169 of 1993 conferred such power. The NSPCA challenged this position in the High Court and Supreme Court of Appeal without success, leading to an appeal to the Constitutional Court.

Leave to appeal was granted and the appeal upheld. The orders of the High Court and Supreme Court of Appeal were set aside. It was declared that the NSPCA has statutory power to institute private prosecutions under section 6(2)(e) of the SPCA Act read with section 8 of the Criminal Procedure Act. The respondents were ordered to pay the NSPCA’s costs in all courts, including the costs of two counsel.

This case is a landmark in South African animal welfare and criminal procedure law. It confirmed that the NSPCA, as a statutory public body, has the power to privately prosecute animal cruelty offences when the NPA declines to act. The judgment strengthened the enforcement of animal protection laws, affirmed the constitutional significance of animal welfare, and clarified the scope of section 8 of the Criminal Procedure Act regarding statutory private prosecutions.