Chapter 19:09

Prevention Of Cruelty To Animals Act

Acts 25/1960, 6/1967, 36/1973 (s. 50), 22/1983, 12/1986 (s. 5), 22/2001 (s. 4); R.G.N.s 153/1963, 6/1967.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
4. Knackers to comply with regulations.
5. Control of pet shops, boarding kennels, etc.
6. Sale and use of poisoned grain prohibited.
7. Custody of animals and vehicles pending proceedings.
8. Court may order destruction of animal.
9. Court may deprive owner of ownership or order disposal of animal.
10. Power of police officer or inspector to remove animal for treatment.
11. Destruction of animal by police officer or inspector.
12. Entry by police officer or inspector.
13. Arrest without warrant.
14. Separate charges in respect of each animal.
15. Appointment of inspectors.

SCHEDULE

Excepted Operations.

AN ACT to consolidate and amend the law relating to the prevention of cruelty to animals.

[Date of commencement: 19th August, 1960.]

1    Short title

This Act may be cited as the Prevention of Cruelty to Animals Act [Chapter 19:09].

2    Interpretation In this Act—

“animal” means—

• any kind of domestic vertebrate animal;
• any kind of wild vertebrate animal in captivity;
• the young of any animal referred to in paragraph (a) or (b);

“inspector” means a person who has been appointed as an inspector in terms of section fifteen;

“knacker” means any person whose trade or business it is to kill any horse, mule, ass, bovine, sheep, goat or pig, the meat of which is primarily intended for animals;

“Minister” means the Minister of Environment and Tourism or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“offence” means an offence under this Act;

“operation” means any operation performed on any animal, with or without the use of instruments, which involves interference with the sensitive tissues or the bone structure of an animal, other than— (a) the making of injections or extractions by means of a hollow needle; or

(b)   an operation included in the Schedule;

“owner”, in addition to its ordinary meaning, includes any person having the charge, custody or control of any animal;

“wild animal” includes wild bird and reptile.

                       3    Offences

(1) Any person who—

• cruelly beats, kicks, ill-treats, overrides, overdrives, overloads or tortures any animal or causes any animal so to be used; or
• drives or uses any animal which is so diseased or so injured or in such a physical condition that it is unfit to do any work; or
• being the owner, abandons any animal or causes or permits any animal to be abandoned; or
• by wantonly or unreasonably doing or omitting to do any act or by causing or procuring the commission or omission of any act, causes any unnecessary suffering to any animal; or
• wantonly or unreasonably does or causes or procures the commission of any act likely to infuriate or terrify any animal; or
• being the owner, permits in any manner aforesaid any unnecessary suffering to be caused to any animal or permits such animal to be infuriated or terrified as aforesaid; or
• cruelly or unnecessarily ties up or confines any animal or causes or permits any animal so to be tied up or confined; or
• conveys or carries or causes or procures or, being the owner, permits to be conveyed or carried, any animal in such a manner or position as to cause that animal any unnecessary suffering; or
• causes, procures or assists at the fighting of any animal, or keeps, uses, manages or acts or assists in the management of any premises or place used for the purpose or partly for the purpose of fighting any animal, or permits any premises or place so to be kept, managed or used, or receives or causes or procures any

person to receive any money for the admission of any person to such premises or place; or

• without any reasonable cause or excuse, administers or causes or procures, or, being the owner, permits the administration of, any poisonous or injurious drug or substance to any animal or, without any reasonable cause or excuse, causes any such poison or substance to be taken by any animal; or
• subjects or causes or procures, or, being the owner, permits to be subjected, any animal to any operation which is performed without due care and humanity; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment,

[Subsection as amended by section 4 of Act No. 22 of 2001]

(2) For the purposes of this section, an owner shall be deemed to have permitted cruelty if he has failed to exercise reasonable care and supervision in respect of the protection from such cruelty of any animal which is his property or in his charge.

                       4    Knackers to comply with regulations

• Every person who carries on or assists in carrying on the trade or business of a knacker shall observe and conform to any regulations which are applicable to him and, if any such person contravenes or causes or procures or permits any contravention of any such regulation, he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection as amended by section 4 of Act No. 22 of 2001]

• For the purposes of section three, a knacker shall be deemed to be the owner of any animal delivered to him.
• For the purposes of this Act an animal shall be deemed to have been delivered to a knacker if it has been delivered either to the knacker himself or to any person on his behalf or at a knacker’s yard.

5    Control of pet shops, boarding kennels, etc.

• Every person who—
• carries on or assists in carrying on in a shop, store or other fixed place of business, the trade or business of selling pets; or
• carries on the business of caring for animals belonging to other persons; or
• keeps wild animals in captivity; shall observe and conform to any regulations which are applicable to him, and if any such person contravenes or causes or procures or permits any contravention of any such regulations, he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection as amended by section 4 of Act No. 22 of 2001]

For the purposes of section three, a person carrying on a trade or business mentioned in paragraph (a) or (b) of subsection (1) shall be deemed to be the owner of an