Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)RulesRules in terms of the Act5. Rules to promote standards |
The rules have been passed to ensure that professional standards are upheld.
| 5.1 | A Society shall not apply for or allow an application to be made for a Magistrate's Letter of Authority in terms of the Animals Protection Act to be issued in the name of any person unless that person has passed the Council's Inspectorate Examinations or is otherwise authorised by the Council expressly to do so. |
| 5.2 | If a person in whose name a Magistrate's Letter of Authority has been issued ceases for any reason to be appointed by a Society, such Society shall request the Magistrate who issued such Authority to cancel same and the Society shall advise the Council in writing of the termination of such appointment. This shall apply similarly in the case of Animal Welfare Assistants. |
| 5.3 | No Society shall be entitled to raise funds, or use the expression "Society for the Prevention of Cruelty to Animals" or "Dierebeskermingsvereniging" or an abbreviation thereof of any expression which so closely corresponds thereto that it may be misleading, in a manner which is contrary to the Statement of Policy; nor shall it be entitled to use the "blue cross" trade mark for any fundraising activities without the written consent of the Board, which consent shall not be unreasonably withheld |
5.4
| (a) | All cruelty complaints, complaints against a society, its employees or committee members, shall be investigated, (including those reported anonymously), within 24 hours or within reason, unless immediate attention to the animal(s) is required. |
| (b) | The findings of such investigations shall be reported to the complainant, if known, in the most appropriate manner within seven (7) days of the complaint being lodged. |
| (c) | All investigations should be documented. Warnings shall be in writing and all investigations shall be followed up to prevent suffering. |
| (d) | When a Society/Council receives a complaint which does not fall in their jurisdiction, the complaint must be followed through until the complaint is resolved. The onus must rest on the reporting Society to ensure that the complaint is attended to and the appropriate action taken. |
[Rule 5.4(d) substituted by section 2 of Board Notice 403, GG48187, dated 10 March 2023]
| (e) | When a responding Society/Council receives a complaint from another Society, feedback should be provided by the acting Society/Council to the reporting Society’s inspectors in writing with all below supporting documents / information: |
| (i) | A copy of the cruelty complaint form/sheet |
| (ii) | A copy of the investigating inspectors report and findings |
| (iii) | A copy of any written warnings/ notices |
| (iv) | Any video or photographic evidence if available. |
[Rule 5.4(e) inserted by section 2 of Board Notice 403, GG48187, dated 10 March 2023]
| 5.5 | All committee members elected or co-opted onto a committee of a Society must sign the Code of Conduct for committee members to be found in the Operations Manual. |
5.6 Disciplinary Hearings
| (1) | A society shall conduct a disciplinary hearing in accordance with the provisions of this rule, but otherwise in accordance with the labour laws in operation from time to time. |
| (2) | Members of the management committee shall not preside at or be a member of the disciplinary panel receiving the evidence at such inquiry. |
| (3) | The members of the disciplinary panel shall be independent persons, and the chairperson shall be a qualified legal practitioner or person who has knowledge of labour relations. |
| (4) | The disciplinary panel shall make a finding on each charge and determine, where appropriate, the disciplinary action, if any, that should be taken against the employee. |
| (5) | The findings and decisions of the disciplinary panel shall be reported to the management committee at its next meeting for recording. |
| (6) | Where the employee has been sanctioned, and enjoys a right of appeal against such sanction, unless the contract of employment provides otherwise, the appeal shall be determined by the management committee after due consideration of the record of the disciplinary hearing and any further representations made to it by the employee and/or management. |
[Rule 5.6 substituted by section 2 of Board Notice 265 of 2015]
| 5.7 | When a motion has been defeated at a general meeting of members, the same or a substantially similar motion may not be proposed for consideration prior to the expiry of 24 months from the date of the meeting upon which the motion was defeated. |
[Rule 5.7 inserted by section 2 of Board Notice 140, GG38232, dated 28 November 2014]