National Council of Societies for the Prevention of Cruelty to Animals (NSPCA), also known as the National Council of SPCAs, is the largest and oldest animal welfare organisation in South Africa. The NSPCA handles all matters relating to animal cruelty involving all animal species and is a registered Non-Profit Organisation registered with the Department of Social Development.
The NSPCA is referred to as "NDBV" in Afrikaans (one of the 12 official languages in South Africa) and is also known as Nasionale Raad van Dierebeskermingsverenigings (NDBV). SPCA is DBV in Afrikaans.
Mission and Vision The mission of the NSPCA is to prevent cruelty and promote the welfare of all animals, whilst their vision is to end animal cruelty in South Africa and engender compassion for all animals.
History The NSPCA was founded in 1955 and was named the federation of Society for the Prevention of Cruelty to Animals (SPCAs). The aim was to provide a forum to bring uniformity to welfare legislation and standards in South Africa. The NSPCA later changed its name to the National Council of SPCAs. There are 70 member SPCAs in South Africa which are governed by the Society for the Prevention of Cruelty to Animals 169 of 1993 which is administered by the NSPCA, thus making the NSPCA a statutory body. The SPCA Act also gives the NSPCA locus standi to act on behalf of animals in South Africa.
Tuli Elephant Case The NSPCA became well known for its involvement and handling of the Tuli Elephant case in 1998. The case involved thirty (30) juvenile elephants that were forcibly removed from their natural herds in the Tuli area of Botswana. The elephants had been transported to South Africa and were being trained using a circus elephant and individuals who had come out from Malaysia to do so. The training methods used were cruel and inhumane. A guilty verdict was given in court, this was a landmark achievement for the NSPCA and wild animals in South Africa.
Nelson Mandela Patron-in-Chief
On 24 November 1994 Nelson Mandela, the former president of South Africa, became the Patron-in-Chief of the NSPCA. an honour he held until his death in 2013. After Mandela's death, the NSPCA described him as a man dedicated to human kind, to his country, friend and foe, animal and human; he stood for equality throughout his life.
Donating towards 2004 Asia Tsunami The NSPCA donated funding towards the assistance of animals affected by 2004 Indian Ocean earthquake and tsunami in Asia. The funding was donated to assist the animals directly that were affected by the tsunami.
Tsakane dog fighting case In November 2013 the NSPCA arrested 18 suspects who were caught in the act of illegal dog fighting in Tsakane in the East Rand. The suspects were arrested and charged for illegal dog fighting. Dog fighting is a criminal and prosecutable offence in South Africa. Fourteen (14) pit bull type dogs were confiscated from the property and were used for fighting purposes. Some of the dogs were badly injured as a result of the fighting and had to be humanely euthanised. On 5 February 2018 a guilty verdict was handed down on 17 of the suspects by the presiding Magistrate in the Nigel Regional Court. Ten men were found guilty of being spectators at this dog fight and were sentenced to 2 years under strict house arrest (Benedict Ngcobo, Gift Nkabinde, Sabelo Mtshali, Thabiso Mahlangu, Bongani Skakane, Lehlohonolo Nomadola, Thulane Dhlosi, Mxolisi Khumalo, Nkosana Masilela, Sipho Masombuka). All the convicted men were found unfit to possess firearms and found unfit to own dogs, and, if found in possession of a dog, would be liable to 12 months direct imprisonment. Further to the life changing conditions of house arrest, the ten spectators were also sentenced to 360 hours of community service and a total of R50 000 to be paid to the NSPCA. During the course of this trial one of the accused chose to plead guilty and was sentenced to R20 000 or 20 months imprisonment which was suspended for 5 years on condition that he did not re-offend.
The Thandi Modise Case
A large number of farm animals died after being neglected on a farm owned by Thandi Modise, chairperson of the National Council of Provinces in July 2014. In 2018, the NSPCA mounted a private prosecution with the assistance of AfriForum, as the National Prosecuting Authority (NPA) failed to bring the matter to court.
Modise had responded to the claims by stating that she was "learning" how to farm, and that she had appointed a farm manager, but he had abandoned his duties to attend to a family matter. Approximately four months later, it was reported that conditions on the farm had improved, that Modise's cattle had been receiving sufficient food and were in an "acceptable condition".
Private Prosecutions The NSPCA had its victory in the Constitutional Court of South Africa on 8 December 2016 when the organisation won its case it brought before the Court to institute Private Prosecutions in terms of Section 8 of the Criminal Procedure Act, 1977. This after the organisation lost its cases it brought before the North Gauteng High Court and the Supreme Court of Appeal of South Africa on the same matter of Private Prosecutions. The reason the NSPCA brought the case before the Courts is because despite "overwhelming" evidence of animal cruelty or abuse‚ the National Prosecuting Authority of South Africa (NPA) declined to prosecute the cases brought by the organisation, resulting in animal abusers not being charged on charges of animal cruelty. The Constitutional Court of South Africa also ruled that the Respondents, The Minister of Justice and Constitutional Development and the National Director of Public Prosecutions, were to pay the organisations costs in all three applications.
East London Zoo charged for cruelty to animals The Wildlife Protection Unit of the NSPCA investigated a complaint in May 2017 of a baboon being abused in the care of the East London Zoo which is state owned and managed by the Buffalo City Metropolitan Municipality. The baboon was known as William and was paralysed, dragging his body around in the enclosure. The East London Zoo failed to provide the baboon with veterinary care. The baboon had to be humanely euthanised. The NSPCA laid criminal charges against the East London Zoo and Buffalo City Metropolitan Municipality.
Circus withdraws case against NSPCA In 2016, Brian Boswell of the Boswell Circus, brought a civil case against the National Council of SPCAs (NSPCA), claiming a loss of income said to have been caused by the organisation speaking out against the circus's use of wild animals in performances, and sued the organisation for R16 349 805.36 plus interest. Some three years later, Mr Boswell and the Circus have withdrawn the case against the NSPCA and have tendered the NSPCA's legal costs. Following the cancellation of and poor attendance at shows in certain towns due to public outcry, Mr Boswell instituted legal action against the organisation, blaming them for the cancellations and poor attendance, the alleged forced removal of wild animals from the circus performances and therefore causing a loss of income. The NSPCA defended the matter by filing legal papers and also called for financial documentation and further information from Mr Boswell, who was required to prove the loss of income. Mr Boswell withdrew the case and will be paying the NSPCA's legal costs.
High Court Rules in favour of Lions and NSPCA The Pretoria High Court ruled in favour of the NSPCA in a matter between the NSPCA and the Minister of the Department of Environmental Affairs (DEA) and the South African Predator Breeders Association regarding the lion bone export quotas and the implications for the welfare of captive lion. Judge Kollapen found that the quotas set in 2017 and 2018 for the export of lion bone skeletons were unlawful and unconstitutional, and did not follow due process. It was further stated that the Minister and the Department of Environmental Affairs disregarded the welfare of captive lion in setting the quota, and whilst welfare is not their mandate, the Minister and the DEA must take the welfare of captive lion, and other captive wildlife into consideration in decision making. The NSPCA have recently opened a number of criminal cases against captive lion facilities that have neglected, and in some instances, completely disregarded the welfare of their lions. For these reasons, the NSPCA launched this application as the lion bone quota directly impacts the welfare of captive lions.
Mandate and Powers of SPCA Inspectors
An SPCA inspector's primary role is to respond to complaints about the ill-treatment or neglect of a range of animals in the community. A significant part of an inspector's duties is education. Often, animals are unintentionally neglected and those responsible are genuinely upset by the incident. There may be calls to emergency situations where animals require immediate assistance or rescue. Some instances may necessitate court action, so the inspector is required to gather evidence and prepare a prosecution file.
In South Africa SPCA Inspectors are authorised in terms of the Animals Protection Act 71 of 1962 (as amended) and the Performing Animals Protection Act No. 24 of 1935 (as amended), undertaking approximately 93 percent of all animal welfare investigations and prosecutions in South Africa. This means that in terms of both the Acts mentioned above, qualified inspectors with magisterial authorisation have the powers of a police officer. These powers include the obtaining of search and seizure warrants to enter any premisses and seize any animal to prevent suffering and the arrest of any person for contravening the provisions of the Animals Protection Act No 71 of 1962 if there is reasonable grounds to believe that the ends of justice will be defeated in the delay of obtaining a warrant.
Operational Units The NSPCA has its own units who work towards ending animal cruelty in the lives of animals used in research, farm animals, wildlife, animals used in sports and entertainment, dogs in security, aquaculture and dogs used in the cruel practice of dog fighting. The NSPCA deals with national issues and has ten operational units, namely: Animal Ethics Unit Communications Unit Farm Animal Protection Unit Society Liaison Unit Special Investigations Unit Special Projects Unit Training Unit Wildlife Protection Unit
Animal Ethics Unit The goal of the NSPCA Animal Ethics Unit is the replacement of animal experiments with humane alternatives. Until this can be achieved, we work to ensure that the minimum number of animals are used, and ensure that their welfare is upheld.
The NSPCA Animal Ethics Unit adopts a constructive, practical approach: Judging every issue individually by developing more effective systems of ethical review; Critically questioning the necessity and justification for animal use in research and education; Arguing the need to reduce the conflict between the interests of animals and of science; Working to improve National Standards and legislation that regulates or creates a demand for animal use; and Monitoring animal welfare by conducting regular inspections at animal research facilities and serving on Animal Ethics Committees.
Communications Unit