Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)9. Functions, powers and duties of society |
| (1) | A society shall for the purposes of section 8 of the Animals Protection Act be a society for the prevention of cruelty to animals. |
(2) A society—
| (a) | shall act in accordance with the course of conduct prescribed by the rules; |
| (b) | shall at all times be the holder of a valid authority under the Fund-raising Act, 1978 (Act No. 107 of 1978), when it collects contributions in the Republic for the achievement of its objects; |
| (c) | shall cause proper records, statements and accounts to be kept of all its financial affairs and transactions, assets and liabilities in respect of each financial year; |
| (d) | shall at the end of each financial year cause such records, statements and accounts to be audited and certified by a person registered as a public accountant and auditor under the Public Accountants' and Auditors' Act, 1991 (Act No. 80 of 1991); |
| (e) | shall on or before the last day of July in each year submit to the board a report on its financial affairs of, and activities during, the preceding financial year, accompanied by a copy of its relevant audited and certified records, statements and accounts; |
| (f) | shall furnish an inspector appointed under section 6(2)(c) with any information or document at its disposal to assist the board in any investigation conducted by the board; |
| (g) | shall permit any representative appointed by the board to accompany any inspector or other officer of the society in the performance of his duties for or on behalf of the society; |
| (h) | shall pay timeously its contributions due to the board in terms of this Act; |
| (i) | shall co-operate with or permit the board to institute legal proceedings where the society is capable of instituting such proceedings under this Act, the Animals Protection Act or the associated Acts; |
| (j) | shall only adopt or apply such memorandum, articles of association, constitution or other founding documents as may previously have been approved by the board in writing in its discretion, or make amendments thereto which have, subject to subsection (3), been so approved; |
| (k) | shall use a restricted name only in accordance with the provisions of the rules; |
| (l) | may defend legal proceedings instituted against it and institute legal proceedings connected with its functions, including, but not limited to, such proceedings in an appropriate court of law to prohibit the commission by any person of a particular kind of cruelty to animals. |
| (3) | The board shall not refuse to approve in terms of subsection 2(j) an amendment which a society proposes to make so as to provide for its internal conditions or affairs and which is not in conflict with the objects of the society or the Council. |