CCT120/12

[2013] ZACC 26

2013 (5) SA 571 (CC)

2013 (10) BCLR 1159 (CC)

Zondo J

11 July 2013

http://hdl.handle.net/20.500.12144/3699

Application to the CC for confirmation of an order of the Pretoria High Court: National Society for the Prevention of Cruelty to Animals (NSPCA) v Minister of Agriculture, Forestry and Fisheries and Others (44001/2012) [2012] ZAGPPHC 329 (15 November 2012).

Application for confirmation of invalidity of sections 2 and 3 of the Performing Animals Protection Act 24 of 1935. The National Society for the Prevention of Cruelty to Animals (NSPCA) applied to the High Court for an order declaring the impugned sections unconstitutional to the extent that they require a magistrate to issue animal training and exhibition licences, contending that this is an administrative function that should not be performed by members of the judiciary as it offends the principle of separation of powers. The High Court upheld the NSPCA’s contention and declared the impugned sections unconstitutional. The NSPCA applied for confirmation of the order. The Minister elected to abide the decision. The confirmation was opposed by the Licensed Animal Trainers Association (admitted as an intervening party) and the Commercial Producers Association and South African Association of Stills Producers (admitted as amici curiae). The Court held that the performance by a magistrate of administrative duties unrelated to his or her judicial functions where there is no justification for the function to be performed by a member of the judiciary offends against the separation of powers. The Court held that there was no justification for assigning the function of issuing animal training and exhibition licences to magistrates. Accordingly, the declaration of constitutional invalidity was confirmed and the operation of the order of constitutional invalidity was suspended for 18 months to afford Parliament the opportunity to cure the defect. Judgment: Zondo J (unanimous).