VN May 2023

Vetnuus | May 2023 30 Please note that this is part 1 of 3 articles on veterinarians’ roles, rights and duties set out in the Animals Protection Act, No. 71 of 1962 (“APA”). Each article will cover a different aspect of the legislation. Although examples relevant to each month’s topic will be used, they should not be viewed as issues only pertaining to a specific species or industry. The articles will include some case studies with altered details to protect colleagues’ identities. The purpose of these articles is to provide guidance to veterinarians who are often placed in very difficult situations and inform them of their rights set out by the APA. Introduction Veterinarians are often drawn into animal abuse cases, willingly or unwillingly. Their unwillingness does not stem from a lack of empathy with the animals but rather from a fear of the minefield of trouble they might create for themselves. A deeper knowledge of the APA will assist veterinarians in finding appropriate solutions to these difficult issues. In this segment, we will focus on section 5 of the APA and some of the surrounding relevant sections but do encourage readers to study the Act for a full understanding of the legal implications of either omission or commission, which could lead to animal suffering. Offences against animals It is not possible to discuss these offences in detail here, and we urge you to read the APA to get an understanding of the full protection that it provides. Anything that would make a reasonable veterinarian feel uncomfortable or unhappy about the way an animal is treated is clearly covered in the APA. One aspect that must be noted is section 2(2), which determines that owners who could have prevented an act of cruelty to their animals with reasonable care but failed to do so will be regarded as having permitted the act or having procured the act that is an offence. This places a duty on owners to provide reasonable protection to their animals from other people who may harm their animals. Veterinarians should never allow themselves to be placed in a situation where they could also be held liable for the actions of an irresponsible owner. It is important to take note of the definition of “owner” provided in the APA in section 1, which reads as follows: “ owner, in relation to an animal, includes any person having the possession, charge, custody or control of that animal ”. Depending on the circumstances, various people other than the lawful owner could be regarded as the owner for purposes of the APA. When may animals be destroyed? Section 5 of the APA aids police officers and veterinarians who must deal with animals that are severely injured, diseased, or in extremely poor condition. A police officer is defined in the APA as “ a member of any force established under any law for the carrying out of police powers, duties or functions ”. The word police officer in the APA is thus not limited to the South African Police Services (SAPS). Legal Mews VETERINARIANS' ROLE INTHE APPLICATIONOFTHE ANIMALS PROTECTIONACT: PART I 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.