Section 1 : Reporting and dealing with cruelty
Section 2 : Swine Flu
Section 3 : Free Range

REPORTING AND DEALING WITH CRUELTY

Who is responsible for the enforcing of the Animals Protection Act (APA)?
Anyone can lay a charge in terms of this Act.

What powers do inspectors have and which law covers their powers?
Please see the Animals Protection Act Section 8 “Powers of officers of society for the prevention of cruelty to animals” where these are listed.

Where do people lay charges against animal crimes – at an SPCA or at a police station?
Charges are laid at police stations, with the SAPS.

What do we do if the police do not take the report of animal crimes seriously?
Contact the commanding officer at the station.

When it comes to investigating crimes against animals, what is the difference between the task of the SPCA inspector and the task of the police?
There is no difference.

What happens if there are no SPCAs in a region – what role does the police play and do other welfare organisations get involved.
Anyone can lay charges in terms of the Animals Protection Act so in areas where there is no SPCA, the police can investigate and proceed with charges. If there is a welfare organisation in the area other than an SPCA, they too can lay charges.

Do the police have an obligation to inspect animal cruelty?
To investigate matters drawn to their attention – yes!

Why does the Animals Protection Act not specifically mention the SPCA, or does it?
We reiterate that anyone can lay charges in terms of the Animals Protection Act. Please refer to Section 8 of the Act for “powers of officers of society for the prevention of cruelty to animals.”
There is a tendency when people look at a law to concentrate on the listed offences. Please go beyond the offences and take into consideration the other sections which include “penalties”, “repeals” and above all, “powers”.

Does the SPCA prefer the police to handle animal cruelty cases?
In areas where there is no SPCA, this has to be the case from start to finish. Where there are SPCAs and the inspectors of the SPCA investigate and prepare the charges, the completed docket has to be handed in at the local police station. It isn’t about preference.

Would the SPCA like more help from the police force?
In what regard? SPCAs frequently call upon the police to assist when inspectors go to situations that may be dangerous or back-up is needed. Qualified SPCA inspectors are capable of completing dockets with affidavits, expert evidence and so forth. This is part of their training.

How can the public assist in animal cruelty cases?
Be our eyes and ears and do not be afraid to come forward with information. Above all, do not hesitate to give an affidavit which counts as evidence. It’s no good saying that something was witnessed “but I don’t want to get involved.” Also, be respectful of legal procedures. They may appear cumbersome or to be causing delays but cases can be lost because procedure wasn’t followed exactly. Removing or confiscating an animal without the legal procedure being followed means the whole case could be lost – the last thing we want.

I cannot find any mention of the authority of inspectors in the Animals Protection Act. Am I missing something?
We’re afraid you are – you’re concentrating on the offences and need to go beyond that to the other sections especially Section 8.

What are the limits of the SPCA’s authority?
As above. The Act outlines when an officer may enter property, when an animal may be destroyed and so forth. It’s all there.

SWINE FLU

What is swine flu?
It is an upper respiratory disease caused by influenza-type A that affects pigs. There are many types and the infection constantly changes. It does not normally affect humans but this mixed-strain does.

Is it the same as swine fever?
No. Swine fever generally has more serious effects on pig health and welfare.

What is this new type of flu?
It is reported to be a mixed strain virus, subtype influenza/H1N1 that has not been detected in humans and pigs before.

Can my animals catch the flu?
With current knowledge it is said not to be able to affect domestic pets or any other farm or wild animal. The current strain is said to be only “compatible” with the human system and therefore should not affect animals.

How many animals have been affected in South Africa?
None, although the pork industry has tightened up on their bio-security as a precautionary measure.

FREE RANGE

What is the difference between free range and organic?
Animals raised in free range systems have the opportunity of being allowed the ‘FIVE FREEDOMS’ these being:-
1. Freedom from hunger and thirst - by ready access to fresh water and a diet to maintain full health and vigour.
2. Freedom from discomfort - by providing an appropriate environment including shelter and a comfortable resting area.
3. Freedom from pain, injury or disease - by prevention or rapid diagnosis and treatment.
4. Freedom to express normal behaviour - by providing sufficient space, proper facilities and company of the animal`s own kind.
5. Freedom from fear and distress - by ensuring conditions and treatment which avoid mental suffering.

The term “organic” has a very broad range of applications and meanings. However, for the purposes of animal welfare, our definition of an organically managed farm is one which does not use chemicals or pesticides in any form in producing its crops and feeding its farm animals and deals with threats to plants and land (predators, crop diseases) using natural remedies.
To further add to the definition of organic for the purposes of animal welfare, organically produced animal products (meat, eggs, honey) are not necessarily welfare friendly if they do not meet the requirements of the Five Freedoms as described above and on the home page.

Please note that neither of the above terms refers to the manner of slaughter.

What does the NSPCA do for farm / production animals and animal products?
The NSPCA is solutions driven. The SPCA conducts inspections at abattoirs and farms, all establishments which farm with animals including crocodiles and ostriches. We also work with various traffic authorities to ensure the standards of transportation are maintained. In addition, the SPCA works in conjunction with animal-related industries to implement welfare standards and continues to lobby to uplift the welfare as there is still a great deal of cruelty that occurs.

How can I be sure that the free range eggs I buy are really free-range?
Unfortunately you can’t. The NSPCA has to rely on the word or assurances of the stores and their in-house checks and balances. We ensure welfare standards and not advertising standards.

Which organisation do the stores use to inspect the farms that supply them with free-range eggs and ensure that they are raised humanely?
Audit companies are employed or instructed to carry out audits at the suppliers of free range foods. Currently no animal welfare organisations are involved in this process to verify welfare standards or advertising claims. That is, audit companies are not independent animal welfare experts from recognised welfare organisations.

Why don’t the NSPCA undertake independent welfare audits?
These are quality assusrance issues. The NSPCA could only undertake these types of inspections if the industry paid for such a service. We do not have the financial resources to carry out such quality assurance evaluations as a free service. Our focus is on the prevention of cruelty and compliance to the Legislation and Codes.

If a product is labelled organic, does that mean it is welfare friendly?
Not at all. It simply means it is organic. Please refer to the definition in the earlier explanation. Again, the issue raised is who defines and ensures the standards.

In what type of environment are free range hens raised? Do they live outdoors or are they put into sheds at night?
Free range hens are kept in large sheds with perches and nest-boxes. The sheds are fitted with ‘pop-holes’ which give the birds a choice of whether they want to be indoors or outdoors. Variations of systems exist.

Who supplies the free-range farms with hens? How can we be sure that the chicks are hatched into a free-range system?
Only the supplying stores can answer these questions. The stores have their own inspection personnel who check on the farms from time to time. Different stores have varying criteria. We focus on welfare and upliftment. Quality assurance is related but not the same thing.

Referring to the hens that are sold on the roadside because they are too old to lay eggs, do the stores selling their eggs know about and agree with this practice?
Yes they do. In fact a lot of stores do not even worry about who their suppliers are and how the eggs are produced, or what happens to the hens when they can’t lay anymore.

How can we be sure that meat labelled as free range or organic is what it states?
Again, you have to rely on the statements made by the store as none of these products are endorsed by an independent body such as an animal welfare society.

Page updated: 05/04/2010