The law in regard to performing animals

Many people are familiar with the Animals Protection Act, 1962 (Act No. 71 of 1962), which applies in Namibia. However, it is less clear how many people are aware of the Performing Animals Protection Act, 1935 (Act No. 24 of 1935) of Namibia.

The purpose of the Performing Animals Protection Act is to regulate the exhibition and training of performing animals. "Exhibit" is defined as exposing animals for show at any entertainment event open to the public, whether for payment or otherwise, while 'train' is defined as preparing animals for the purpose of exhibiting.

The term 'performing animals' is not defined in the Performing Animals Act, but the term 'animal' is defined by reference to the Animals Protection Act, but does not include reptiles. 'Animal' is defined in the Animals Protection Act as any equine, bovine, sheep, goat, pig, fowl, ostrich, dog, cat or other domestic animal or bird, or any wild animal, wild bird or reptile that is in captivity or under the control of any person.

A clear restriction is placed on the exhibition and training of performing animals, namely that no person shall exhibit or train or cause or permit to be exhibited or trained for exhibition any animal of which he or she is the owner or has the lawful custody unless such person is the holder of a licence.

Provision is made that any person intending to exhibit or train for exhibition any animal may apply to the magistrate of the district in which such person resides for a licence to do so, who must grant the same, provided that:

-the magistrate is satisfied that the applicant is a fit and proper person;

-such licence is granted for a calendar year and expires on 31 December in every year;

-the magistrate may refuse, if in his or her opinion there is good and sufficient reason, to renew such licence; and

-the Minister of Justice to whom the administration of the Performing Animals Act has been assigned may by regulation prescribe the form of the licence, the conditions subject to which the licence is held, and the fee not exceeding N$10, which must be paid for the licence and for the renewal thereof not exceeding N$2.

Together with the licence, a certificate must be issued for all animals in respect of which the licence is held, and the certificate must specify the form of training and form of exhibition of the animal or animals in respect of which it is issued. On application by the holder of a certificate, the magistrate may amend a certificate by either:

-deleting therefrom animals that are no longer in the possession or custody of the holder;

-adding other animals that have since the issue or renewal of the licence come into the possession or custody of the holder, or

(c) modifying the form of training or exhibition specified thereon. No fee is payable for any such amendment.

Any police officer may, in addition to the powers conferred by any other law:

(a) at any reasonable time enter upon any premises or place in which animals are maintained, kept or confined for the purposes of exhibition, of being trained, or of being transported;

(b) inspect any such animals or places and may fully enquire into the measures and methods by which such animals are controlled, restrained and trained, and the course of feeding of such animals; and

(c) during any exhibition of trained animals or at any other time enter upon any premises or place or portion thereof used in connection with such exhibition in order to inspect such premises or place, the animals present therein and the conditions under which such animals are maintained, controlled and fed during such exhibition and at other times.

Penalties, amendments

Any person who wilfully obstructs, delays or otherwise interferes with a police officer in the exercise of his or her powers herein granted or who conceals any animal with intent to defeat the exercise of such powers or otherwise hampers or impedes the exercise of such powers is guilty of an offence. The penalty when convicted is a fine not exceeding N$100 or imprisonment for a period not exceeding three months in addition to any other penalty imposed for the contravention of any provision of this Act or any regulation made thereunder.

For the purpose of the Performing Animals Act, a Magistrate’s Court has jurisdiction and has the powers conferred by the Animals Protection Act.

The Minister of Justice may make regulations not inconsistent with the Performing Animals Act in relation to all matters contemplated in sections 7(a) to (e) thereof. Some of the matters in respect of which regulations may be made are:

-the method and form of confinement and accommodation of any animal class, species or variety of animals in respect of which a certificate has been issued, whether travelling, or being transported, or stationary;

-any other reasonable requirement which may be necessary to prevent cruelty or suffering in the exhibition, training, maintenance or travelling of animals in respect of which a certificate has been granted.

Provision is made for a penalty of a fine not exceeding N$200 or imprisonment for a period not exceeding three months for a first offence and to a fine not exceeding N$400 or imprisonment for a period not exceeding six months for any subsequent offence in respect of a person convicted of contravening the Performing Animals Act. A magistrate may in addition suspend for such period as he or she may determine, not exceeding one year, the licence of any person convicted of a second or subsequent offence under this Act or any other law relating to the prevention of cruelty to animals. The magistrate must endorse upon the licence of every holder the particulars of every offence of which such holder has been convicted and the penalty imposed.

Exclusions

Section 9 of the Performing Animals Protection Act is a key provision, as it states that the Act does not apply to the confinement or training of animals for military, police, or sporting purposes or for agricultural shows, horse shows, dog shows, caged bird shows or any public zoological gardens. It also excludes the exhibition of animals at military or police tournaments, gymkhanas, or similar events.

Given these exclusions, it is an open question as to what other training and exhibitions other than those mentioned the law then applies to. Maybe training and exhibition for movie or circus purposes?

The Performing Animals Act must be read as one with the Animals Protection Act and the powers therein granted, unless the contrary intention appears, are in addition to any powers granted by the Animals Protection Act.