Page 89 - Q&A Book.indd

What rights do performing animals have?

Gomi Mere
February 2017

“With a circus in town again, I cannot but wonder whether
there is any protection for the animals that have to perform
in the circus. I’m not saying they are being mistreated, but
surely their treatment cannot be left only to the discretion of
the circus owners?”

A circus is a show that often features live animal performances. Our
legislature has long recognised that these animals need protection and
already in 1935 promulgated the Protection of Performing Animals Act
(“PAPA”) to regulate the exhibition and training of performing animals.
At the beginning of this year amendments to PAPA were published
which seeks to amend sections 2 and 3 of PAPA which were declared
constitutionally invalid as they allowed Magistrates to consider and
issue licenses under PAPA. The amendment act has however not yet
commenced in order to provide Government the opportunity to establish
a national licencing authority that will issue licences for the exhibition or
training of animals.

In terms of PAPA, any person involved in the exhibition or training of
animals (such as a circus owner) must obtain a valid license in terms
of PAPA to do so. To obtain such a licence, very specific guidelines for
the treatment of animals must be followed and the licence will only
be issued if these guidelines are complied with and the applicant is
deemed fit and proper to obtain such a license.

The premises where the performing animals are kept may also be
inspected for compliance with the terms and conditions of the licence.
Any non-compliance or failure to possess a licence may result in an
offence leading to a fine or imprisonment for up to 12 months.

As with all things, the protection measures are there, but it is also the Litigation
responsibility of the public to be wary of any abuse and report such
to the authorities who can take the necessary measures to ensure
protection of vulnerable animals that cannot do so for themselves.

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