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 previously declared unconstitutional 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 time to amend the legislation. The suspension period was twice extended due to legislative delays. In 2016, shortly before the second extension expired, the Minister urgently applied for a third extension. The delay arose mainly because the National Council of Provinces voted on the amending Bill without the required quorum, rendering the legislative process constitutionally defective and necessitating further parliamentary steps. The NSPCA did not oppose the application.

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 the Constitutional Court’s approach to repeated applications for extensions of suspended declarations of invalidity. It reinforces that such extensions are exceptional, not automatic, and must be justified with full and candid explanations. The judgment underscores the importance of legislative compliance with constitutional procedures, the rule of law, and the principle of finality, while balancing these against the need for effective governance and orderly state administration.