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Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)

Rules

Rules in terms of the Act

6. Rules to promote animal welfare and husbandry

 

Rules considered necessary to fulfil our mission.

 

6.1 A Society shall not refuse admission to any unwanted or stray animal.

 

6.2 A Society shall not refuse to assist an injured or sick animal.

 

6.3 A Society shall be alert to and ready to take action against any person guilty of contravening the Animals Protection Act and/or an associated Act and shall take such action as may be available and appropriate to prevent or prosecute such contravention, as the case may be.

 

6.4 A Society shall not home an animal to a person or legal entity, which intends to or is reasonably likely to use the animal for the provision of security services. Definition of a legal entity is a private or commercial security organisation, which shall include :- Companies, SAPS, SADF, Prison Services and any other service which uses animals for guarding/protection services.

[Rule 6.4 amended by section 4 of Board Notice 265 of 2015]

 

6.5 Euthanasia carried out by a Society shall be in accordance with the recommended procedures laid down in the Operations Manual published by the Council from time to time.

 

6.6 A Society shall sterilise every animal as specified in the Operations Manual published by the Council from time to time. In those cases where the animal is too young for the surgical procedure the Society shall make contractual arrangements for the future sterilisation of the animal when it is old enough on the basis that if the person to whom the animal is homed does not comply with the contractual obligations, the animal shall be repossessed.

 

6.7 A Society shall adopt and apply the highest standards of animal husbandry as specified in the Operations Manual published by the Council from time to time.

 

6.8 A Society shall not keep any animals for breeding purposes nor allow SPCA facilities to be used for breeding animals, whether intentionally or negligently.

[Rule 6.8 substituted by section 3 of Board Notice 191 of 2012, GG 35883, dated 23 November 2012]

 

6.9 A Society shall not confine on its premises for an indefinite period, or for any period beyond that which is strictly necessary for the well-being of the animal, any animal, which shall include all invertebrates, other than man.

 

6.10 A Society shall not home an animal, if it knows or ought to know that the animal will or might reasonably be expected to be kept chained or caged, or permanently housed in an enclosure, not relative to the size or specific needs of the species with regards to its natural habits and safety. This Rule must be read in conjunction with Rule 6.21.

[Rule 6.10 substituted by section 4 of Board Notice 140 of 2014, GG 38232, dated 28 November 2014]

 

6.11 A Society shall not home any animal, except for domesticated felines, on any property which is inadequately fenced, gated and equipped for that animal.

 

6.12 A Society shall not supply live or dead animals, including organs, tissues and biological samples, to any organisation, body or person for research or teaching purposes. Trials may be conducted on live animals where such trials are for the benefit of the same species, cause no suffering, are done upon the premises of a Society, and are conducted under the supervision of a veterinarian approved by the Council. Further, prior to the conduct of such trial, the prior written consent of the Board must first be obtained, and the trial shall be conducted upon such terms and conditions as the Council deems fit.

[Rule 6.12 substituted by section 1 of Board Notice 190 of 2016, GG 40496, dated 15 December 2016]

 

6.13 Any Society that homes any animal to areas outside their area of jurisdiction must sterilise such animals as specified in the Operations Manual before releasing them to their new owners notwithstanding the provisions of Rule 6.6.

[Rule 6.13 substituted by section 4 of Board Notice 191 of 2012, GG 35883, dated 23 November 2012]

 

6.14 No Society shall exhibit animals taken or given into their care, off the SPCA property, whether for gain or not and irrespective of whether the animals are owned by or in the care of the SPCA.

 

6.15 Societies may not use the Internet for posting "found" notices and may not authorise,support or become involved with any other party which does so, whether this is on behalf of a Society or with their knowledge.

[Rule 6.15 substituted by section 7 of Board Notice 180 of 2011, GG 34751, dated 18 November 2011]

 

6.16 Every Society shall have at least one qualified Inspector on its staff that is dedicated to undertake only inspectorate work. The Board may however exempt a Society from such a requirement upon such conditions and for such period (which period shall not exceed 12 months) as it may deem fit, having regard to the particular circumstances of the Society, and after receipt of a request for such exemption, fully motivated, from the Society.

[Rule 6.16 substituted by section 4 of Board Notice 190 of 2016, GG 40409, dated 15 December 2016]

 

6.17 All Inspectors are required to attend a Refresher Course every 5 years and pass the appropriate examination.

[Rule 6.17 substituted by section 2 of Board Notice 137, GG43913, dated 20 November 2020]

 

6.18
(a) All severely injured or compromised indigenous wildlife admitted to an SPCA that is in such condition that it would be cruel to keep it alive, must be humanely euthanased by an experienced, skilled and qualified person.
(b) All stray, surrendered, confiscated, sick or injured indigenous wildlife admitted to an SPCA must be transferred to a rehabilitation and release centre approved by the NSPCA to handle the species.
(c) If no approved rehabilitation and release centre is within reasonable distance, alternative arrangements cannot be made to transport the animal to another approved rehabilitation and release centre or there is no approved rehabilitation and release centre able to rehabilitate and release the animal, the animal must be euthanased.
(d) A Society shall not take it upon themselves to release indigenous wildlife. This can only be done with specialist knowledge and in accordance with Nature Conservation laws and regulations.
(e) A Society shall not hold any indigenous wildlife for a period exceeding 5 days.

[Rule 6.18 substituted by section 3 of Board Notice 140 of 2014, GG 38232, dated 28 November 2014]

 

6.19 Pre home checks must be undertaken for all animals adopted from an SPCA prior to the animal leaving the Society. Post home checks should be undertaken at least annually.

 

6.20 Pre and post home inspections shall be carried out physically by a trained individual for all species of animals adopted by a Society. All aspects of the possible adoption shall be inspected and recorded i.e. property, housing and feeding of animal/s, present animals and capability and knowledge of new owner to care for animal/s adequately. Furthermore animals shall not be adopted into areas where there are no animal welfare organisations and/or SPCA that are able to provide this service and are in agreement with carrying out these inspections on a regular basis. This Rule shall be in conjunction with Rules 6.10 and 6.11 respectively.

[Rule 6.20 substituted by section 5 of Board Notice 191 of 2012, GG 35883, dated 23 November 2012]

 

6.21 No exotic animal may be homed by any Society with the exception of rabbits, rodents, budgerigars, canaries, cockatiels and goldfish and on condition that adequate enrichment and appropriate facilities are provided to promote the welfare of the animal. In respect of all other exotic animals this provision shall not apply where the animal may be relocated to a sanctuary approved by the NSPCA, which relocation shall be subject to such conditions as may be necessary to promote the welfare of the animal concerned. Where this is possible and it is reasonably practical and/or possible to do so, such animal may be repatriated to its country of origin. Where neither of these alternatives is available then the Society shall with written motivation and details of the proposed environment refer the matter to the NSPCA for a decision on whether the animal shall be homed to an individual under specific conditions or whether the animal shall be humanely euthanased by a veterinarian/appropriate skilled person with the requisite knowledge, skill and experience.

 

6.22 Societies shall be obliged to adhere to any licensing or permit requirements established by law or regulation, as well as any codes of practice which have been endorsed by the NSPCA as well as to enforce same for the general public.

 

6.23 A Society shall take immediate, appropriate action against a committee member and disciplinary action against a staff member if in the opinion of the Council the person has contravened the Animals Protection Act or any other Acts which are applicable to the welfare and protection of animals.

 

6.24 Prior to homing an animal, including owner claimed or stray, the Society shall ensure that it is micro-chipped. In the event that the Society is unable to do so for financial reasons or reasons that are not practicable then the humane alternative methods of identification should be adopted. In the case of a dog or cat that cannot be micro-chipped, it must be fitted with a suitable collar and identity disc prior to it leaving the SPCA.

[Rule 6.24 substituted by section 6 of Board Notice 191 of 2012, GG 35883, dated 23 November 2012]

 

6.25 All persons wishing to adopt an animal from a Society shall do so in person and shall personally complete the necessary application forms, adoption and sterilisation contracts, after providing satisfactory proof of his/her identity.

[Rule 6.25 inserted by section 1 of Board Notice 180 of 2011, GG 34751, dated 18 November 2011]

 

6.26        

(a) No Society shall utilise the services of any outside facility, organisation or business unless they have regularly inspected same and satisfied themselves that the welfare of any animal given into their care, for any purpose whatsoever, shall not be compromised and that the animal(s) concerned will be humanely and compassionately handled.
(b) A record of all such approved facilities, organisations and businesses shall be kept by the Society together with. copies of all reports compiled on the inspections conducted. During the period that their services are employed, inspections shall be conducted at least every 6 months.

[Rule 6.26 inserted by section 2 of Board Notice 180 of 2011, GG 34751, dated 18 November 2011]

 

6.27 In the case of an animal being adopted into the jurisdiction of another SPCA, the adoption application form and all relevant paperwork will be sent to the Society which is requested to do pre-home and post-home checks before the check is undertaken. Under no circumstances will an SPCA do a pre-home check solely by receiving a phone call which gives an address.

[Rule 6.27 inserted by section 3 of Board Notice 180 of 2011, GG 34751, dated 18 November 2011]

 

6.28 No person shall be admitted as a candidate to the Inspectors' qualifying course or any refresher course referred to in Rule 6.17 unless he/she produces to the employer Society a police clearance certificate reflecting that the candidate has no criminal record. A copy of such certificate shall be forwarded to the NSPCA with the candidate's application for admission to the course. In the event of the candidate having a criminal record, it shall be within the discretion of the Board to admit the candidate to the course or to refuse such admission.

[Rule 6.28 inserted by section 1 of Board Notice 249 of 2013, GG 37092, dated 6 December 2013]

 

6.29 All general managers of Societies shall meet all the requirements necessary to qualify as an Inspector, save for those managers already employed by a Society as at the date of the adoption of this Rule(December 2016), whose contract of employment concluded with the Society in question, does not contain the prerequisite that the manager be qualified, or must qualify, as an Inspector. All managers employed by a Society as at the date of the adoption of this Rule, or subsequent to the adoption of this Rule, shall:
(a) attend an Inspectors Training Course within six months of the date of the adoption of this Rule, alternatively within six months of the date of their employment. The Board may, however, agree to extend the said six month period as it may deem fit, having regard to the particular circumstances of the Society, and after receipt of a written request for such exemption, fully motivated by the Society, however, the said period may not be exceeded beyond twelve months;
(b) managers shall attend an Inspectors Refresher Training Course every five years to ensure that the qualification remains current.

[Rule 6.29 substituted by section 2 of Board Notice 223, GG46000, dated 04 March 2022]

 

6.30 The committee of every Society shall ensure that a provision is inserted in all future employment contracts of general managers, as a pre-requisite to their employment, the necessity for them to attend an Inspectors’ Training Course and to qualify as an inspector within 12 months of their signature of their contract of employment. This rule comes into effect 60 days after being gazetted.

[Rule 6.30 substituted by section 1 of Board Notice 137, GG43913, dated 20 November 2020]