Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)11. Failure by society |
| (1) | If a society fails to perform any of its duties in terms of this Act and does not remedy such failure within a period of 30 days after the board has, subject to subsection (2), by written notice to such society, addressed by registered post or delivered to its controlling body, called upon it to cease or remedy such failure, the board may, by a decision of at least two-thirds of the directors and subject to the provisions of subsection (3)— |
| (a) | designate a representative or representatives of the board as a member or members on such society's controlling body and order that the society replace a corresponding number of members of its controlling body by the representative or representatives so designated; |
| (b) | terminate the membership of, or remove from office, any member, director, committee member, employee or other officer of such society as such, or institute or direct such society to institute disciplinary steps against him, if the board is of the opinion that such member, director, committee member, employee or other officer is responsible for or is the cause of the failure; or |
| (c) | cancel the registration of such society. |
| (2) | If during any calendar year the board has already issued two or more notices in terms of subsection (1) to a society, the board shall not be obliged to issue a further such notice calling upon such society to cease or remedy a further failure referred to in subsection (1) and may exercise its rights and powers in terms of subsection (1) without affording such society the opportunity to cease or remedy such failure. |
| (3) | Subject to the provisions of subsection (4), the board shall afford any society allegedly failing to perform its duties in terms of this Act or any member, director, committee member, employee or other officer of such society the opportunity to appear before the board or any committee or subcommittee established by the board for that purpose, or to make written representations to the board or such committee or subcommittee, if such society, member, director, committee member, employee or other officer requests to be allowed to do so before the board acts in terms of subsection (1)(a), (b) or (c). |
| (4) | If a society or any other person fails to submit a request in terms of subsection (3) within a period of 30 days after a relevant written notice in terms of subsection ( 1), the society shall be deemed to have refused to cease or remedy the failure. |
| (5) | After the board has exercised its rights and powers in terms of subsection (1)(a) it may— |
| (a) | revoke the designation of a representative or representatives in terms of the said subsection; |
| (b) | replace any of the said representatives by representatives or members of the society concerned determined by the board in its discretion; or |
| (c) | cancel the registration of such society. |
| (6) | The board may in its discretion, by the institution of legal proceedings against a society, enforce specific performance by it of its duties in terms of this Act. |
| (7) | The provisions of subsection (6) shall not derogate from the rights and powers of the board in terms of the other provisions of this section and may be applied in addition to the exercise of such rights and powers. |