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

The appellant, the National Society for the Prevention of Cruelty to Animals (NSPCA), a juristic person established under the Societies for the Prevention of Cruelty to Animals Act 169 of 1993, sought to institute a private prosecution after the National Prosecuting Authority declined to prosecute individuals allegedly involved in the cruel and inhumane slaughter of a camel during a religious ritual in Lenasia. The NSPCA’s inspector witnessed the treatment of the animal and euthanised it to prevent further suffering. When the NSPCA requested a nolle prosequi certificate to enable it to prosecute privately, the request was refused on the basis that s 7(1)(a) of the Criminal Procedure Act 51 of 1977 permits only a ‘private person’ (interpreted as a natural person) to institute a private prosecution. The NSPCA challenged the constitutionality of s 7(1)(a) insofar as it excludes juristic persons from instituting private prosecutions.

The appeal was dismissed, and the order of the Gauteng Division of the High Court, Pretoria, refusing to declare s 7(1)(a) of the Criminal Procedure Act unconstitutional, was upheld.

This case confirms that juristic persons have no general constitutional right to institute private prosecutions under s 7(1)(a) of the Criminal Procedure Act. It clarifies the constitutional rationality standard applicable to differentiation under the rule of law and s 9(1) of the Constitution, and reaffirms that private prosecutions are exceptional remedies primarily aimed at vindicating personal infringements of human dignity suffered by natural persons. The judgment also underscores the central role of the National Prosecuting Authority in South Africa’s constitutional scheme.