VN July 2023

Vetnuus | July 2023 30 Please note that this is part 3 of 3 articles on veterinarians’ roles, rights and duties set out in the Animals Protection Act, No. 71 of 1962 (“APA”). This article will highlight an important contravention. That is harmful cosmetic alterations to an animal, otherwise known asmaiming in the“APA”.Thepurpose is toprovide guidance to veterinarianswho are oftenplaced in very difficult situations and inform them of their rights set out by the APA. Veterinarians play a very important role in the “APA”. The SAVC and its counterparts worldwide have increasingly become concerned with cosmetic surgical procedures, which do not provide any benefits for animals and affect their welfare negatively. These procedures can be classified as maiming, which is an offence in terms of the APA. This type of maiming is typically performed simply for the aesthetic pleasure or convenience of an animal owner, giving little regard to the interests of the animal. Fortunately, the APA provides protection for animals. Maiming in the APA does not only refer to cosmetic procedures, but it includes other procedures that have become obsolete or do not have any justification. Prosecution for performing procedures that constitute maiming has been successful, despite some procedures being taught at Onderstepoort only a few years before. This was the case in the successful NSPCA investigation and prosecution of somebody mulesing sheep in the Western Cape. Veterinarians should be aware that even though the Act has remained unchanged, research eventually catches up, and common sense can prevail. This led to the relevant industry leaders now also condemning long-standing practices like mulesing in sheep and tail docking in dairy cattle. Therefore a veterinarian who suspects that a practice is overly invasive would be wise to consult and consider whether a procedure is still justified or whether it may be proven to be maiming. Case study Maiming is the very first offence listed in section 2(1) (a) of the APA. We will illustrate the practical application of the APA through a case study. There are several examples of procedures which the veterinary profession has determined to be purely cosmetic, harmful, and with no value to the animal, excluding rare valid medical reasons. A few examples of these procedures are ear cropping and tail docking of dogs, tail myotomy of horses, and dubbing of show poultry. The latter is especially relevant, as the South African Veterinary Council provided documentary support to the NSPCA in its high court litigation with the Eastern Cape Poultry Club, ensuring it remain illegal. Legal Mews VETERINARIANS' ROLE INTHE APPLICATIONOFTHE ANIMALS PROTECTIONACT: PART 3 Drs Bryce Marock (NSPCA) and Trudie Prinsloo (Legalvet Services) This article is intended to provide information and educate veterinarians on relevant aspects of the law. It is not intended as personal legal advice. SAVA is not responsible or liable for any advice or other information provided herein.