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

In 2013 the Constitutional Court confirmed an order declaring sections 2 and 3 of the Performing Animals Protection Act 24 of 1935 unconstitutional insofar as they required magistrates to decide and issue licences, which was incompatible with judicial independence. The Court suspended the declaration of invalidity for 18 months to allow Parliament to cure the defect. That suspension was later extended by six months. As the extended period was nearing expiry, the Minister of Agriculture, Forestry and Fisheries applied for a further extension of the suspension, explaining that although a remedial Bill had been approved by Cabinet and introduced in Parliament, parliamentary processes — including public hearings and a decision to broaden the scope of amendments — meant that the defect could not yet be cured.

The suspension of the declaration of invalidity concerning sections 2 and 3 of the Performing Animals Protection Act was extended for a further 12 months, from 28 August 2015 to 27 August 2016.

The case clarifies and reinforces the Constitutional Court’s approach to extending suspensions of declarations of invalidity, emphasising the flexible, justice-based inquiry required by section 172(1)(b)(ii) of the Constitution. It illustrates how the Court balances constitutional compliance, legislative processes, and the practical interests of the public when remedial legislation is delayed.