gallery.mailchimp.com€¦ · web viewwelfare; create an obligation to report animal cruelty;...

REPUBLIC OF NAMIBIA

NATIONAL ASSEMBLY

_________________

ANIMAL PROTECTION AND WELFARE BILL, 2019

23 OCTOBER 2019

_____________________________

(As read a First Time)_____________________________

(Introduced by the Minister of Justice)

[B. X- 2019]

BILL

To state the objects, principles and standards of animal protection and welfare; create

an obligation to report animal cruelty; prohibit general and specific forms of animal

cruelty; provide powers and duties for animal welfare organisations ; provide for

alternative methods of retribution upon conviction; regulate research on animals;

regulate the breeding and sale of companion animals; prohibit zoos and circuses;

amend a word in the Local Authorities Act, 1992; and to provide for matters

incidental thereto.

(Signed by the President on xx Month 2020)

ARRANGEMENT OF SECTIONS

PART 1

INTRODUCTORY PROVISIONS

Section

1. Definitions

2. Objectives of the Act

3. Fundamental principles of animal welfare

4. Application of the Act

5. Obligation to render assistance

PART 2

OFFENCES

6. General

7. Animal abandonment

2

8. Animal abuse

9. Animal neglect

10. Animal torture

11. Defences

PART 3

KEEPING OF ANIMALS

12. Animal bodily alterations, disablements and removals

13. Traps

14. Research

15. Transport of animals

PART 4

ANIMALS FOR CONSUMPTION

16. Slaughter

17. Slaughter in accordance with religious rites

18. Slaughter of pregnant animal

PART 5

COMPANION ANIMALS

19. Principles of companion animal breeding

20. Breeding establishments

3

PART 6

ANIMALS USED FOR SPORT, ENTERTAINNMENT, PROMOTION AND SHOWS

21. Animal fighting

22. Shows

23. Principles of animal use for sport and entertainment

24. Zoos and circuses

25. Aquaria

PART 7

ANIMAL WELFARE COUNCIL

26. Establishment

27. Composition

28. Functions

29. Assent to resolution without a meeting

30. Term of office

31. Payment to members

32. Secretary and staff

PART 8

COMPETENT AUTHORITY

33. Officers

4

34. When an officer may humanely kill an animal

PART 9

ANIMAL WELFARE ORGANISATIONS

35. Responsibilities

36. Animal care facility

37. Cost of care

PART 10

POST-CONVICTION PROVISIONS

38. Termination of caretaker rights

39. Community service

40. Contact with animals

41. Power of court to award damages

PART 11

GENERAL PROVISIONS

42. Regulations

43. Repeal and amendment of laws and savings

44. Short title and commencement

SCHEDULE – Laws repealed or amended

5

BE IT ENACTED as passed by the Parliament, and assented to by the President, of the

Republic of Namibia as follows:

PART 1

INTRODUCTORY PROVISIONS

Definitions

1. In this Act, unless the context indicates otherwise:

“abandoned animal” includes an animal under the care of a caretaker that is:

(a) left for more than 24 hours without adequate and appropriate food, water

or shelter;

(b) left for three days or more after the expected retrieval time from a

registered veterinarian, animal shelter, boarding facility or any person in

whose care the animal was left, whether paid to care for the animal or not;

(c) found on premises whereby the tenancy agreement of the original owner

of the animal has been terminated; or

(d) found as a stray or free-roaming animal without a caretaker accompanying

the animal.

“animal” means any amphibian, bird, fish, mammal or reptile which is in captivity or under the

control of any person;

“animal fight” means any place or event, whether public or private, where an animal is located

for the purpose of fighting, wrestling, baiting or training to engage in fighting another animal,

human being or object that may cause harm to such animal;

“animal welfare” is when an animal is healthy, relaxed, well fed, safe, it is showing its natural

behaviour and it is not suffering from unpleasant conditions such as pain, fear and distress;

“animal welfare organisation” means any animal welfare organisation with animal protection and

welfare objectives registered as a welfare organisation with the responsible Ministry;

6

“breeding establishment” means an establishment established and licenced under section 20 that

breeds domestic animals kept as companion animals for sale directly to a caretaker;

“caretaker” means a person who has control, custody, possession, title or other legal interest in

an animal and who is responsible for the minimum care of the animal either on a permanent or

temporary basis;

“companion animal” means any domesticated animal socialised and commonly kept, cared for,

or possessed by a caretaker within the sphere of the household for companionship, pleasure,

protection or personal assistance;

“competent authority” means the Directorate of Veterinary Services

“distress” means a state in which an animal is unable to adapt to one or more stressors, is no

longer successfully coping with its environment and its well-being is compromised whether the

distress is arising from injury, neglect, abuse, disease or age;

“emotional distress” means fear, anger, anxiety and suffering endured or experienced by an

animal;

“falconer” means any person who practices the cultural heritage art of falconry under a falconry

permit issued by the Ministry responsible for environment and tourism;

“falconry” means the cultural heritage art of hunting wild quarry with a trained bird of prey;

“humane killing” means a procedure performed by a person using tools and methods approved

for such purpose and in a manner which causes the animal the least amount of pain, suffering and

fear;

“minimum care” means species-specific care sufficient to preserve the health and welfare of an

animal and, except for emergencies or circumstances beyond the reasonable control of the

caretaker, includes, as applicable to the species, the following requirements:

(a) food of sufficient quantity and quality to allow for the normal growth or

maintenance of optimal animal body weight;

(b) open or adequate access to potable water of a drinkable temperature in

sufficient quantity to satisfy the animal’s needs;

7

(c) access to shelter or shade sufficient to protect the animal from the

elements;

(d) adequate bedding to protect the animal from the elements and injury;

(e) veterinary care deemed necessary by a reasonable person to relieve

distress from injury, neglect or disease;

(f) veterinary care to prevent illness;

(g) continuous access to an area kept clean and free from excess waste or

other contaminants that could affect the health and welfare of the animal

(h) continuous access to adequate space for exercise for the health and welfare

of the animal;

(i) regular diurnal lighting cycles of either natural or artificial light

(j) adequate temperature; and

(k) adequate ventilation;

“Minister” means the minister responsible for justice;

“officer” means a person appointed by the competent authority upon application in the

prescribed manner or police official;

“pain” means an unpleasant sensory and emotional experience associated with actual or potential

tissue damage;

“performing animal” means an animal in an agricultural show, horse show, reptile show, dog

show, caged bird show or gymkhana.

“person” means an individual, corporation, trust, partnership, association, welfare organisation or

any other legal entity recognised by Namibian law;

“physical injury” means physical trauma, impairment of the physical condition, or pain;

“physical trauma” means any abrasions, bruises, burns, cuts, fractures, punctures or other

wounds or illnesses produced by violence or by a thermal or chemical agent;

“possession” means to have physical custody of or to exercise dominion or control over an

animal;

“psychological distress” means unpleasant feelings or emotions that impact an animal’s level of

functioning and expressing normal behaviour;

8

“research” means systematic investigation to establish facts or principles or to collect relevant

information on a subject matter performed on an animal for educational, experimental or other

scientific purposes;

“sentient” means the capability of an animal to be aware of sensations, emotions, pain, suffering

and enjoyment;

“serious physical injury” means physical injury that creates a substantial risk of death or that

causes protracted disfigurement, protracted impairment of health or protracted loss or

impairment of the function of a limb or bodily organ;

“slaughter” means killing an animal through a method which involves instantaneous killing or

instantaneously rendering an animal unconscious and ends in death without it recovering

consciousness;

“stray animal” means an animal that is separated from its caretaker to the extent that the

caretaker no longer has possession over the animal and which lack of possession may cause

physical injury, emotional or psychological distress to the animal or for the animal to be

reasonably considered a danger to other animals or to people;

“torture” means any action taken to inflict, increase or prolong pain and suffering;

“trap” means a device approved by the Ministry responsible for environment and tourism or the

competent authority for the purpose of entrapping, capturing, entangling, restraining, or

immobilising an animal;

“vermin” includes health risk vermin, destructive vermin and invasive species;

“veterinarian” means a person registered and permitted to practice veterinary medicine in

Namibia under the Veterinary and Veterinary Para-Professions Act, 2013 (Act No. 1 of 2013);

“wild animal” means any vertebrate kept or bred in captivity belonging to a nondomestic species.

Objectives of the Act

2. The objectives of this Act are to:

(a) prohibit animal cruelty;

9

(b) promote animal welfare;

(c) create awareness of proper treatment of animals;

(d) govern the responsibilities, obligations and duties of persons in relation to

the protection of animals, including the protection of animal life, health

and welfare;

(e) provide for investigation, prosecution and penalties for offences against

animals;

(f) encourage the establishment of animal welfare organisations; and

(g) promote compliance with international standards on animal protection and

welfare.

Fundamental principles of animal welfare

3. (1) With a view to giving effect to the fundamental principles of the National

Animal Welfare Policy every person exercising powers under, applying or interpreting

this Act must:

(a) ensure that animals are cared for according to the universally adopted five

freedoms that include:

(i) freedom from hunger, thirst and malnutrition;

(ii) freedom from fear and distress;

(iii) freedom from physical discomfort;

(iv) freedom from pain, injury and disease; and

(v) freedom to express normal patterns of behaviour;

(b) recognise that:

(i) an animal is a sentient being;

(ii) animal welfare is an important aspect of any developed society

which reflects the degree of moral and cultural maturity of that

society;

10

(iii) animal welfare enhances animal productivity and that a human

being has a moral obligation to care for, respect and protect an

animal.

Application of the Act

4. (1) The caretaker of any animal is liable under this Act if by exercising

reasonable care and supervision in respect of that animal the caretaker could have

prevented distress, emotional distress, psychological distress, injury or serious physical

injury to the animal.

(2) This Act does not apply to legal hunting as contemplated in the Nature

Conservation Ordinance, 1975 (Ordinance No. 4 of 1975)

(3) Nothing in this Act applies to an animal while it is in its foetal or embryonic form.

Obligation to render assistance

5. (1) Any person who injures an animal or sees an injured animal must render

assistance to the animal to relieve distress.

(2) If he or she is not able to render assistance him or herself he or she must arrange

for assistance to be provided.

(3) A person who witnesses animal cruelty has an obligation to report it to an animal

welfare organisation or an officer.

(4) The caretaker of an animal is obliged to render assistance to any animal in his or

her care that is showing symptoms of illness, is injured or in distress for diagnosis and

appropriate treatment by a veterinarian or a person with the necessary training and

expertise to render appropriate assistance.

PART 2

OFFENCES

11

General

6. (1) A person who-

(a) overloads, overdrives, overrides, beats, kicks, suffocates, hangs,

goads, ill-treats, neglects, infuriates, terrifies, tortures, injures,

wounds, torments or maims any animal;

(b) confines, chains, tethers, hobbles or secures an animal in such

place or under such conditions or in such a manner or position to

cause that animal suffering, pain, injury, fear or distress;

(c) confines, chains, tethers, hobbles or secures an animal in any place

or under such conditions or in such manner or position which

affords inadequate space, ventilation, light, protection or shelter

from the elements;

(d) confines, chains, tethers, hobbles or secures an animal for a

prolonged period;

(e) walks an animal for a prolonged period without minimum care and

adequate rest

(f) starves or under-feeds or denies water or food to any animal;

(g) deliberately or negligently keeps an animal in a dirty or parasitic

condition;

(h) allows an animal to become infested with internal or external

parasites;

(i) fails to render or procure veterinary treatment or other medical

treatment or assistance which he or she is able to render or procure

for an animal in need of such treatment or assistance, whether

through disease, injury, delivery of young or any other cause;

(j) fails to humanely kill or to obtain assistance to humanely kill an

animal which is so seriously injured or diseased or in such a

physical condition that to prolong its life would be cruel and would

cause such animal unnecessary suffering;

12

(k) uses on or attaches to an animal any equipment, appliance or

vehicle which causes or will cause physical injury to such animal

or which is used in such a manner to cause an animal to be injured

or become distressed or suffer unnecessarily;

(l) drives or uses an animal which is diseased or injured or in such a

physical condition that it is unfit to be driven or to do any work;

(m) liberates any animal in such a manner as to expose it to immediate

attack or danger of attack by other animals; or

(n) administers to any animal any poisonous or injurious drug, food or

substance;

(o) fails to exercise reasonable control over an animal, thereby causing

physical injury to the animal; or

(p) fails to adhere to the principles and standards of animal welfare,

is guilty of an offence and liable on conviction to a fine not exceeding N$ 100 000 or in

default of payment to imprisonment for a period not exceeding five years or to both such

fine and such imprisonment.

(2) Procedures performed by veterinarians for the welfare of the animal which cause

the animal distress or temporary pain is excluded from subsection (1).

Animal abandonment

7. (1) A person commits the offence of animal abandonment if the person is the

caretaker of the animal and with intent or negligence abandons an animal, whether

permanently or not, without providing the animal with minimum care.

(2) Each act in violation of subsection (1) constitutes a separate criminal offence.

(3) A person convicted of an offence under subsection (1) is liable to a fine not

exceeding N$ 100 000 or to imprisonment for a period not exceeding five years or to both

such fine and such imprisonment.

13

Animal abuse

8. (1) A person commits the offence of animal abuse if the person, with intent or

negligence, causes distress, emotional distress, psychological distress, physical injury or

serious physical injury to an animal or kills an animal under circumstances demonstrating

deliberate malice.



exceeding N$ 200 000 or to imprisonment for a period not exceeding ten years or to both


(4) The sentence imposed under subsection (3) will be subject to the level of animal

abuse and the following aggravating circumstances:

(a) the accused has been previously convicted of one or more offences under

this Act; or

(b) the person knowingly commits the offence of animal abuse in the

immediate presence of a minor. For purposes of this subsection, a minor is

in the immediate presence of the animal abuse if the abuse is seen or

directly perceived in any other manner by the minor.

Animal Neglect

9. (1) A person commits the offence of animal neglect if the person with intent

or negligence fails to provide minimum care for an animal in the person’s possession

which leads to the distress, emotional distress, psychological distress, disease, starvation,

physical injury, serious physical injury or death of the animal.





14

Animal torture

10. (1) A person commits the offence of animal torture if the person with intent

tortures an animal.



exceeding N$ 250 000 or to imprisonment for a period not exceeding 15 years or to both


Defences

11. (1) It is an affirmative defence to prosecution for violation of this Chapter that

the person reasonably and humanely caused the death of an animal to end the immediate

and intractable suffering of the animal.

(2) The trespassing of an animal is not a defence to the offence of killing or harming

an animal.

(3) It is not a defence to the offence of animal abandonment that the defendant

abandoned the animal at or near an animal shelter, veterinary clinic or other place of

shelter if the defendant did not make reasonable arrangements for the care of the animal.

PART 3

KEEPING OF ANIMALS

Animal bodily alterations, disablements and removals

12. (1) It is an offence for any person to remove, permanently alter or disable any

part or the function of any part of an animal or to conduct surgical procedures for non-

veterinary purposes.

15

(2) The docking of a dog’s tail, ear cropping, declawing of cats, debeaking,

devocalisation, defanging, nicking and other physical or chemical interventions, including

cosmetic in nature, aimed at changing the appearance of the animal, except as necessary

for the health of the animal or controlling the reproduction of the animal is prohibited.

(3) De-horning of wild animals, ringing birds, microchipping animals, ear-tipping,

spay and neuter tattooing during anaesthesia in cats and dogs or tattooing of pigs is

excluded from this section.

(4) The Minister may prescribe any other process or practice as prohibited or

excluded in terms of this section.

(5) Each act in violation of subsection (1) constitutes a separate offence.




Traps

13. (1) It is an offence to lay any device or to expose any poison or any poisoned

fluid or edible matter or infectious agents for the purpose of killing an animal.

(2) No person may lay a trap, except under the authority of a permit issued by the

ministry responsible for environment and tourism or the competent authority.

(3) Traps may be obtained from any person authorised by the competent authority to

sell, rent or provide any trap to any person for use on domestic animals.

(4) Vermin may be humanely killed for the protection of property or for the

prevention of the spread of disease, only in the event that alternative methods for limiting

populations have been applied without success.

(5) The Minister may prescribe animals as health risk vermin, destructive vermin and

invasive species for such period of time as may be necessary.

16

(6) The Minister may make such regulations to provide for the requirements,

standards, processes, and eligibility for such permits and any ancillary matters necessary

for the proper implementation of this section.





Research

14. (1) An animal may not be used for research activities unless:

(a) the research is deemed highly significant by the Minister in

consultation with the Council and cannot be achieved by other

scientific methods; and

(b) the pain, suffering or injury that might be caused to the animal can

be ethically justified to the Minister and the Council.

(2) If the Minister, in consultation with the Council is satisfied that the conditions for

research are met the Minister may issue written permission to undertake the research.

(3) The necessary research permits under any other law must be obtained after

receiving written permission from the Minister.

(4) Research activities can only commence once all the necessary permits have been

acquired.

(5) The Council is authorised to conduct inspections or delegate officers to conduct

inspections to ensure animals receive minimum care, whether a complaint has been

lodged or not.

(6) The Minister may publish by notice in the Gazette research that is not subject to

this section.

17

Transport of animals

15. (1) Animals must be transported, carried or conveyed in such a manner,

position and under such conditions to cause the animal minimum discomfort, affording

adequate light, ventilation, space, access to food and water at species-specific and age

specific necessary intervals and protection from the weather.

(2) A vehicle and its fittings intended to transport animals shall be designed,

constructed, maintained, and operated so as to:

(a) avoid injury, pain or suffering;

(b) ensure the safety of the animals;

(c) be free of any sharp edges or projections;

(d) protect the animals from harsh weather conditions;

(e) prevent the animals from escaping or falling out;

(f) have a non-slip, sturdy floor to carry the total weight of the animals;

(g) provide access to an animal to enable it to be inspected or cared for as and

when necessary; and

(h) abstain from overloading a vehicle with too many animals.

(3) Steps must be taken in advance to minimise the length of the journey and of any

delay, and to meet the animals' needs during the journey.

(4) Staff handling animals at border posts or similar stops must give the animal

transport priority and ensure that the transport is stopped in an area with sufficient water

and shade for the animals on the transport.

(5) The expected overall journey duration for the planned route must be determined

realistically taking into account time needed for loading and unloading and approved by

the competent authority.

(6) If after 24 hours the animals have not reached their destination the animals must

be unloaded, fed, watered and be rested for a minimum of 24 hours.

(7) Unless it is in the welfare of the animal it is prohibited to transport:

(a) a late pregnant female;

(b) a female one week after giving birth;

18

(c) new-born animals; or

(d) an animal which is ill, injured, weak or in general unfit for the journey.

(8) Any person that receives payment to transport animals must be licenced with the

competent authority.

(9) The minister responsible for agriculture may make regulations relating to the

allowable travel time for categories of animals and additional requirements for the

transport of animals.

PART 4

ANIMALS FOR CONSUMPTION

Slaughter

16. (1) The slaughter of animals must be carried out in such a way as to spare the

animals any unnecessary pain, suffering, injury or fear, in accordance with the provisions

of this Act.

(2) Only persons who have the necessary professional, technical and personal

knowledge and skills must perform tasks connected to the slaughter process: animal

unloading and movement; accommodation and care of the animal in the lairage and

slaughterhouse; the restraint, stunning and anaesthetization; and slaughtering and

exsanguination of the animal.

(3) The slaughter of animals for private domestic consumption must be carried out in

such a way as to spare the animals any unnecessary pain, suffering, injury or fear, in

accordance with the provisions of this Act.

(4) Where, in the case of emergency slaughter, stunning is not possible, slaughter

must be carried out in such a way as to spare the animals any unnecessary pain, suffering,

injury or fear.

(5) The Minister responsible for agriculture must prescribe the requirements for the

protection, at the time of slaughter of animals kept for production purposes as well as

19

requirements for training of staff that take care of animals in slaughterhouses and are

involved in the restraint, stunning and slaughter processes.

(6) All slaughterhouses and their installations, equipment and instruments must be

designed, constructed, maintained and operated in a way that the well-being of the animal

is safeguarded and any pain, injury, suffering, fear or distress avoided as far as possible.

Slaughter in accordance with religious rites

17. (1) The slaughter of an animal in accordance with religious rights must:

(a) be performed by a person in possession of the necessary

knowledge and skill;

(b) be performed in a way that the large blood vessels in the throat

area are opened with one single cut;

(c) bring the animal into the position required for slaughtering without

any delay; and

(d) be performed in a way that other animals waiting for slaughter do

not see the slaughtering process.

Slaughter of pregnant animal

18. A person must not slaughter an animal which is pregnant unless it is for the

purpose of alleviating intractable suffering or for unavoidable disease control.

PART 5

COMPANION ANIMALS

Principles of companion animal breeding

19. (1) Natural breeding or artificial breeding and reproduction methods,

including through methods of bio- or gene- technology, are prohibited when it is expected

that through the breeding or due to the breeding aim either the parent animal or the

offspring is burdened with pain, suffering, damage or behavioural disorders such as

aggression or the impairment of their physical functions.

20

(2) Breeding methods and practices which result in, or are likely to result in, birthing

difficulties are prohibited.

(3) Breeding should take into account positive animal welfare traits, including disease

resistance and maternal ability.

Breeding establishments

20. (1) A person who keeps a breeding establishment at any premises and carries

on at those premises a business of breeding must obtain a licence from the competent

authority.

(2) A person requires a licence to breed if he or she:

(a) is advertising a business breeding or trading animals;

(b) commercially sells the animals;

(c) makes any sale by, or otherwise carries on, the breeding activity with a

view to making a profit; or

(d) earns any commission or fee from the breeding activity, irrespective of the

number of offspring produced per year.

(3) The discretion whether to grant a licence is determined by the competent authority

upon being satisfied that the animal –

(a) is provided with minimum care;

(b) is adequately exercised; and

(c) is visited by the caretaker at suitable intervals for the species-specific

needs, with visits and care provided at least once a day or more.

(4) Reasonable precautions must be taken to prevent and control the spread of

diseases amongst the animals.

(5) Adequate breeding records must be kept and made available for inspection upon

request by any person.

21

(6) The keeper of a licensed breeding establishment is guilty of an offence if he or

she:

(a) sells an animal other than at a licensed breeding establishment;

(b) sells an animal which was not born at a licensed breeding establishment;

(c) sells an animal without adequate records of breeding and the records of

having administered the required vaccinations; or

(d) breeds with an animal before it is physically mature.

(7) Pet shops selling any animal obtained from various breeders without the prospect

of imminent sale and kept in cages and tanks on commercial property are prohibited.

(8) The competent authority is authorised to conduct inspections to ensure animals

receive minimum care and that all relevant regulations are adhered to, whether a

complaint has been lodged or not.

(9) Any violation of this section is punishable by a fine not exceeding N$ 200 000 or

to imprisonment for a period not exceeding ten years or to both such fine and such

imprisonment and forfeiture of the offender’s licence to breed or keep or sell animals.

(10) The Minister may make regulations relating to species-specific breeding for

companion animals.

PART 6

ANIMALS USED FOR SPORT, ENTERTAINNMENT, PROMOTION AND SHOWS

Animal fighting

21. (1) No person may cause, sponsor, arrange, hold, facilitate or encourage

another person or animal to fight, menace or injure an animal for the purpose of sport,

amusement or pecuniary gain.

22

(2) For the purposes of this section a person encourages an animal to fight, menace or

injure another animal for the purpose of sport, amusement or pecuniary gain if the person:

(a) is knowingly present at or wagers on an animal fight

(b) owns, trains, transports, possesses, breeds or equips an animal with the

intent that such an animal will be engaged in an animal fight;

(c) knowingly allows an animal fight at any property owned or controlled by

the person;

(d) knowingly allows any animal used for an animal fight to be kept, boarded,

housed, trained on or transported in any property owned or controlled by

the person;

(e) knowingly uses any means of communication for the purpose of

advertising an animal fight; or

(f) knowingly possesses any animal or device intended to enhance the

animal’s ability for an animal fight.

(3) For the purposes of this section a person who has knowledge of the

offences listed in subsection (2) and by omission does not report such offence to an

officer or welfare organisation is guilty of an offence.

(4) Each act in violation of subsections (1), (2) and (3) constitute a separate

criminal offence.

(5) A person convicted of an offence under subsection (1) is liable to a fine

not exceeding N$ 500 000 or to imprisonment for a period not exceeding 15 years

or to both such fine and such imprisonment.

(6) A person previously convicted of an offence under subsection (1) or the

person knowingly commits an offence under subsection (1) in the presence of a

minor child is liable to a fine not exceeding N$ 1 000 000 or to imprisonment for a

period not exceeding 20 years or to both such a fine and such imprisonment. For

purposes of this subsection, a minor is in the immediate presence of the animal

fight if the animal fight is seen or directly perceived in any other manner by the

minor.

23

Shows

22. (1) To exhibit or train or cause or permit to be exhibited or trained for

exhibition any performing animal of which one is the owner or has the lawful custody

such person must apply for a licence from the competent authority.

(2) A licence must be granted if the competent authority is satisfied that such person

is a fit and proper person.

(3) Such licence may:

(a) be granted for 12 months;

(b) upon good and sufficient reason be refused; and

(c) be subject to a fee prescribed by the competent authority.

(4) Upon such licence must be specified:

(a) the form of training and form of exhibition of the animal or

animals in respect of which it is issued; and

(b) the animals in the possession or custody of the holder.

Principles of animal use for sport and entertainment

23. (1) Keeping any species of wild animal for the purposes of sport and

entertainment is prohibited.

(2) A person shall not organise any sport or event that tests the speed, strength or

endurance of an animal unless such sport or event is held in accordance with regulations

made under this Act and upon certification by the competent authority.

(3) Animals must only be kept for sport and entertainment in cases where all the

requirements of this Act can be met at all stages of their life cycle and the animal’s

welfare can be maintained and provided for in a manner which meets all the species-

specific and individual needs including the provision of specialist veterinary expertise.

24

(4) Both the caretaker and the handler, if different, of any animal used for the

purposes of sport or entertainment is responsible for ensuring compliance with these

provisions.

(5) The competent authority must regularly re-evaluate the use of animals for the

purposes of sport or entertainment with a view to prohibiting any uses which can no

longer be justified or have been seen to or are likely to, impair animal welfare at any

stage of the process including breeding, training, keeping, transport and killing or

disposal.

Zoos and circuses

24. (1) It is prohibited to-

(a) keep a wild animal in an enclosure smaller than prescribed by the

Nature Conservation Ordinance, 1975 (Ordinance No. 4 of 1975);

(b) tame a wild animal;

(c) train a wild animal to perform tricks; or

(d) allow humans to interact with a wild animal by touching it as part

of a tourist attraction.

(2) Only domestic animals may be kept in zoos and must be kept in accordance with

the provisions of this Act.

(3) The competent authority may authorise the temporary keeping of wild animals by

a registered person for the purpose of providing an injured, damaged or otherwise

impaired wild animal with veterinary treatment and necessary care for a recovery to full

health before its release back to a suitable habitat or keeping in an authorised animal

sanctuary if such release is not possible or in the animal’s welfare interests, given its

physical or psychological condition.

25

(4) The young of wild animals must not be separated from their living mothers and

captured for the purpose of placing them in captivity for any reason

(5) Sanctuaries or persons that rescue wild orphaned, injured or problem animals

deemed non-releasable into the wild are excluded from the provision of subsection (1)(a)

but must adhere to the minimum care for such animals.

(4) Captive wild animals may only be bred for conservation purposes.

(6) Circuses which have live wild animals are prohibited from being established in

Namibia or entering and performing in Namibia.

Aqauria

25. (1) Marine animals may be kept in aquaria in terms of regulations made by

the Minister responsible for fisheries and marine resources for educational purposes.

(2) Before approving the establishment of an aquarium, the Minister responsible for

fisheries and marine resources must consult the Cabinet and call for public submissions

for a period of at least two weeks before making a final decision.

PART 7

ANIMAL WELFARE COUNCIL

Establishment

26. There is hereby established a Council to be known as the Animal Welfare

Council.

Composition

26

27. (1) The Council consists of not less than five and not more than seven

members selected from nominations received following a call for nominations requested

by the Minister by notice in the Gazette.

(2) Those members comprise:

(a) a chairperson appointed by the Minister on recommendation from the

minister responsible for agriculture;

(b) a nominee from the competent authority;

(c) a nominee from the minister responsible for environment and tourism;

(d) a nominee for the minister responsible for safety and security; and

(e) such other members as are appointed by the Minister in accordance with

subsection (3)

(3) The Minister must, in making appointments under subsection (2)(e), have regard

to the need for the Council to possess sound knowledge and extensive experience in the

following areas:

(a) veterinary science;

(b) agricultural science;

(c) animal science;

(d) the care and management of animals as pets;

(e) ethical standards and conduct in respect of animals;

(f) animal welfare advocacy;

(g) the public interest in respect of animals;

(h) environmental and conservation management; and

(i) any other area the Minister considers relevant.

27

Functions

28. (1) The Council must perform the function of

(a) advising the Minister on matters which under this Act are required to be

referred to the Council;

(b) performing any function delegated to it by the Minister;

(c) overseeing the training of officers;

(d) developing and advising the Minister on codes and regulations of animal

protection and welfare;

(e) authorising officers to inspect animal welfare organisations; and

(f) any other matter relating to animal protection and welfare.

(g) keeping a record of registered animal welfare organisations;

(h) performing inspections at any animal welfare organisations or any places

with performing animals to ensure compliance with this Act; and

(i) performing investigations pursuant to a complaint.

(2) Where a matter is required to be referred to the Council for advice, the Council

must submit the advice to the Minister in a written report and, in the event that the

Minister proposes to dispose of that matter otherwise than in accordance with the advice

of the Council the Minister must before disposing of the matter, publish the advice of the

Council.

Assent to resolution without a meeting

29. A resolution in writing signed or assented to by letter, facsimile or electronic mail

by at least four members and the chairperson is valid and effectual as if it had been passed at a

meeting of the Council duly called and constituted.

Term of office

28

30. (1) A member of the Council holds office for a period of three years, and is

eligible for re-appointment.

(2) A member of the Council shall cease to hold office if he or she –

(a) is incapacitated by physical or mental illness;

(b) has been absent from three consecutive meetings of the Council without

the consent of the Council;

(c) is guilty of conduct which, in the opinion of the Minister, renders his or

her continued membership of the Council unseemly, but the Minister may

only so terminate a member’s appointment after giving notice to the

member and after affording him or her an opportunity to be heard;

(d) is found guilty of an offence in terms of the Act.

(3) Where the office of any member of the Council becomes vacant, such vacancy

must be filled by the appointment of another suitable person and any such new member

must hold office for the unexpired portion of the term of office of the person who ceased

to be a member: Provided that if the unexpired portion of the vacating member’s term of

office is less than six months the vacancy may not be filled, unless the Minister directs

otherwise by reason of the existence of several vacancies among the members of the

Council.

Payment to members

31. (1) There may be paid to the members of the Council such allowances as may

be determined by the Minister in consultation with the Minister of Finance.

(2) Different allowances may under subsection (1) be determined for the different

offices held by members in the Council.

Secretary and staff

29

32. (1) The secretary of the Council, and such other officers as are required for

the proper performance of the Council’s functions, may be designated by the Minister

from among staff members in the Public Service.

(2) The Minister must, before designating any person in the employment of another

Ministry, consult with the Minister responsible for that Ministry.

PART 8

COMPETENT AUTHORITY

Officers

33. (1) Any officer is authorised to enter any premises where an animal is kept,

for the purpose of examining the conditions under which it is kept.

(2) An officer is authorised to:

(a) enter any premises without a warrant with the consent of the caretaker, or

failing such consent, on obtaining an order from a magistrate, or if there is

reason to believe that the ends of justice would be defeated by the delay in

obtaining an order,

(b) without a warrant arrest any person who is suspected on reasonable

grounds of having committed an offence under this Act, if there is reason

to believe that the ends of justice would be defeated by the delay in

obtaining a warrant;

(c) with or without a warrnat remove and take possession of an animal not

receiving minimum care or it is suspected on reasonable grounds that an

offence under this Act is committed, pending an arrest;

(d) arrest any person on a charge of an offence under this Act;

(e) take possession of an animal in the possesion of an arrested person and

place it in the custody of the nearest animal welfare organisation;

30

(f) seize any evidence in the possession of an arrested person at the time of

the arrest; and

(g) collect any abandoned animal and take it to the nearest animal welfare

organisation.

(3) Any authority granted to the officer may at any time for adequate reasons be

revoked by the competent authority.

(4) An officer to whom authority has been granted must, when required to do so in

the exercise of his or her powers, produce proof of that authority for inspection.

(5) Any person who wilfully:

(a) obstructs, hinders or resists an authorised officer in the exercise of

the powers conferred upon him or her;

(b) conceals any animal or thing with intent to defeat the exercise of

such powers;

(c) or who upon demand fails to give his or her name and address to

such officer

is guilty of an offence and liable on conviction to a fine of N$ 5 000 or to

imprisonment for a period not exceeding 1 year or to both such fine and

such imprisonment.

When officer may humanely kill an animal

34. (1) If an officer is of the opinion that any animal is severely diseased or

injured or in such a physical condition that the animal ought to be humanely killed, he or

she must humanely kill the animal with the consent of the caretaker.

(2) If the caretaker is absent or refuses to consent to the killing of the animal the

officer must summon a veterinarian and if such veterinarian after having duly examined

such an animal certifies that the animal is severely diseased or injured or in such physical

condition that it would be cruel to keep it alive, such officer may without the consent of

the caretaker humanely kill the animal.

31

(3) If there is no veterinarian within a reasonable distance, two adult persons whom

the officer considers to be reliable and of sound judgment may be summoned instead.

(4) Any officer who kills an animal in the absence of the caretaker must, if such

caretaker’s name and address are known, advise the caretaker of the terminantion, and

where the termination of an animal takes place on any public place or road, subject to the

provisions of the Animal Health Act, 2011 (Act No.1 of 2011), remove the carcass or

cause it to be removed.

(5) Humane killing for disease control purposes referred to in the Animal Health Act,

2011 (Act No.1 of 2011) must take account of the welfare of the animal and utilise the

most humane method available according to circumstances.

(6) Any expenses which may be reasonably incurred by an officer or veterinarian in

carrying out the provisions of this section will be recovered from the caretaker of the

animal.

(7) It is a defence to an action brought against any person arising out of the killing of

an animal by him or her or with his or her authority that such animal was severely

diseased or injured or in such a physical condition that it would have been cruel to have

kept it alive and that to summon an officer or follow the procedure prescribed in this

section would have occasioned unreasonable delay and unnecessary suffering to such

animal.

PART 9

ANIMAL WELFARE ORGANISATIONS

Responsibilities

35. (1) Animal welfare organisations have a responsibility to –

(a) raise awareness of animal welfare issues and promote

responsibility towards the welfare of animals;

32

(b) represent the community on animal welfare issues in relevant

forums;

(c) provide their members and the community with factual information

on animal care, welfare and encourage the adoption of best

practice;

(d) participate in the development of codes, policies and programs

aimed at maintaining high standards of sustainable animal welfare

in Namibia; and

(e) support government and local authorities in delivering the

enforcement of animal welfare legislation through officers

authorised by the competent authority.

Animal care facility

36. (1) Animal welfare organisations are authorised to establish and maintain

animal care facilities.

(2) Animal welfare organisations are entitled to recover from the caretaker of an

animal in its care any reasonable expenses necessarily incurred in providing minimum

care and rendering veterinary treatment to such animal.

Cost of care

37. (1) The caretaker of an animal that has been charged under this Act must post

a bond with the animal welfare organisation in the amount determined by the animal

welfare organisation sufficient to provide for the animal’s minimum care for 30 days

including the day the animal is taken into care, and any necessary medical treatment to

prevent the dispossession of the animal by the animal welfare organisation that has

temporary care of the animal.

(2) If a bond has been posted the animal welfare organisation must draw from the

bond the actual reasonable costs incurred in providing minimum care to the animal in its

33

care from the date of initial caretaking to the date of return of the animal to the caretaker

or dispossession.

(3) If a bond is not posted the animal is deemed abandoned and the animal welfare

organisation must determine final dispossession of the animal in accordance with

reasonable practices for the humane treatment of animals.

(4) In addition to the final determination of any charge in terms of this Act the court

may order that an animal which has stayed for a consecutive period of at least 90 days

without bond at an animal welfare organisation be forfeited to the animal welfare

organisation at which the animal is held at that time if it is reasonably considered by that

animal welfare organisation to be in the best interests of the animal.

(5) A stray animal brought to or picked up by an animal welfare organisation

providing temporary shelter to the animal is obliged to hold the animal for a minimum

period of seven days before the animal is automatically forfeited to the animal welfare

organisation.

(6) The animal welfare organisation may establish a stray fee sufficient to provide for

the animal’s minimum care which becomes payable by the caretaker if identified.

(7) Nothing in this section will prohibit the immediate disposal of the animal by

euthanasia if, in the opinion of a veterinarian or officer, the animal is experiencing

extreme pain or suffering.

(8) The caretaker is liable for all costs of providing minimum care or disposal of the

animal.

PART 10

POST-CONVICTION PROVISIONS

Termination of caretaker rights

34

38. (1) In addition to the penalties under this Act a court may also order that an

animal be removed from the protection of the caretaker and placed under the possession

of an animal welfare organisation.

(2) Possession of the animal is transferred to the animal welfare organisation and any

proceeds from the sale of the animal will be paid to the caretaker after the deduction of

expenses incurred in the minimum care of the animal.

Community service

39. In addition to the penalties under this Act a court may order the defendant to

participate in community service.

Contact with animals

40. (1) A person convicted of an offence in terms of Part 2, the nature of which is

sufficiently serious or where aggravated circumstances are present may be declared to be

unfit to take care of or use an animal and may not own, possess, reside with, have care of,

or contact with a determined animal for a period of five years on a first offence; and for a

period of ten years on a second or subsequent offence.

(2) Any violation of this section is punishable by a fine not exceeding N$ 200 000 or

to imprisonment for a period not exceeding ten years or to both such fine and such

imprisonment and forfeiture of the offender’s interest in the animal in favour of the

nearest animal welfare organisation.

Power of court to award damages

41. (1) Whenever any person is convicted of an offence under this Act and it is

proved that such person has by the commission of that offence caused loss to any other

person or that any other person has as the result of such offence incurred expense in

providing minimum care for any animal in respect of which the offence was committed

pending the making of an order by the court for the disposal thereof, the court may, on

35

application by such other person or by the person conducting the prosecution acting on

the instructions of such other person summarily enquire into and determine the amount of

the loss so caused or expense so incurred and give judgment against the person convicted

and in favour of such other person for the amount so determined, but not exceeding an

amount of N$ 25 000.

(2) Any such judgment shall have effect as if it had been given in a civil action duly

instituted before such court.

(3) The provisions of subsections (1) and (2) shall mutatis mutandis apply in respect

of:

(a) any costs incurred in connection with the custody of an animal seized in

terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) for the

purposes of a prosecution in terms of this Act; and

(b) any costs incurred in connection with the humane killing of an animal in

and the removal and burial or destruction of the carcass.

PART 11

GENERAL PROVISIONS

Regulations

42. (1) The Minister may make regulations relating to:

(a) the method and form of confinement and accommodation of any animal or

class, species or variety of animals, whether travelling or stationary;

(b) any other reasonable requirements which may be necessary to enhance the

welfare of animals and to prevent cruelty to or suffering of any animal;

(c) the caretaking, custody or confining of any animal due to any condition of

such animal and the recovery of any expenses incurred in connection

therewith from the caretaker of such animal;

36

(d) the breeding and sale of domestic animals;

(e) the training of officers; and

(f) generally such matters as are required for the better carrying out of the

objectives and principles of this Act.

(2) The Minister responsible for fisheries may make regulations relating to the

protection and welfare of marine animals including fish capturing methods and

aquaculture.

(3) The Minister responsible for environment and tourism may make regulations

relating to the protection and welfare of wild animals.

(4) The Minister responsible for agriculture may make regulations relating to the

slaughter, transport, protection and welfare of domestic animals.

(5) Such regulations may prescribe penalties for contravention thereof or failure to

comply therewith not exceeding a fine of N$ 100 000 or imprisonment for a period of

five years.

Repeal and amendment of laws and savings

43. (1) The laws set out in the Schedule to this Act are repealed or amended to the

extent indicated in Column 3 of the Schedule.

(2) Anything done under a law repealed by subsection (1), which was of force

immediately before the date of such repeal and which may be done under a corresponding

provision of this Act, continues to be of force and is deemed to have been done under that

corresponding provision.

Short title and commencement

44. This Act is called the Animal Protection and Welfare Act, 2019.

37

SCHEDULE

LAWS REPEALED OR AMENDED(Section 29)

No. and Year of Law

Short Title Extent of Repeal or Amendment

Act No. 24 of 1935 Performing Animals Protection Act, 1935

Repealed as whole

Act No. 71 of 1962 Animals Protection Act, 1962

Repealed as whole

Act No. 23 of 1992 Local Authorities Act, 1992 The amendment of section 30(1) by the substitution of the word “animal care facility” in subparagraph (k)(viii) for the word “pounds”and section 94(1)(r)(iv)

Act No. 23 of 1992 Local Authorities Act, 1992 The amendment of section 94(1) by the substitution of the word “animal care facility” in subparagraph (r)(iv) for the word “pounds”

_________________________________

38

gallery.mailchimp.com€¦ · web viewwelfare; create an obligation to report animal cruelty;...

Documents