- Is amended by General Law Amendment Act, 1955
- Is amended by Animals Protection Amendment Act, 1972
Performing Animals Protection Act, 1935
Act 24 of 1935
- Published in South African Government Gazette no. 2271 on 8 May 1935
- Commenced on 1 January 1973
- [This is the version of this document from 1 January 1973 and includes any amendments published up to 6 October 2022.]
- [Amended by General Law Amendment Act, 1955 (Act 62 of 1955) on 6 July 1955]
- [Amended by Animals Protection Amendment Act, 1972 (Act 7 of 1972) on 1 January 1973]
1. Restriction on exhibition and training of performing animalsNo person shall exhibit or train or cause or permit to be exhibited or trained for exhibition any animal of which he is the owner or has the lawful custody unless such person is the holder of a licence.
2. Minister may issue licence for exhibiting and training of performing animalsAny 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 shall grant the same: Provided that -
3. Certificate to be issued with licence
4. Right of entryIn addition to the powers conferred by any other law any police officer may -
5. Obstruction of police officerAny person who wilfully obstructs, delays or otherwise interferes with a police officer in the exercise of the 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 shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or to 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.[section 5 substituted by Act 7 of 1972]
6. Jurisdiction of magistrate’s courtFor the purpose of this Act a magistrate’s court shall have jurisdiction and shall have the powers conferred by the Animals Protection Act, 1962 (Act No. 71 of 1962).[Section 6 is substituted by Act 7 of 1972. The Animals Protection Act 71 of 1962 applied to South West Africa and is still in force in Namibia.]
7. RegulationsThe Minister may in addition to any other power specially given herein make regulations not inconsistent with this Act for prescribing any or all of the following matters -
9. SavingNothing in this Act shall apply to the confinement or training of animals for military, police, or sporting purposes or the purpose of an agricultural show, horse show, dog show, caged bird show or any public zoological gardens, or to the exhibition of animals at a military or police tournament or a gymkhana, or at any such show or in any such gardens.
10. Act to be read with Act 71 of 1962This Act shall be read as one with the Animals Protection Act, 1962 (Act No. 71 of 1962), and the powers herein granted unless the contrary intention appears shall be in addition to any powers granted by that Act.[Section 10 is substituted by Act 7 of 1972. The Animals Protection Act 71 of 1962 applied to South West Africa and is still in force in Namibia.]
11. Interpretation of termsFor the purposes of this Act and any regulations made thereunder unless the contrary intention appears the following terms have the meaning respectively assigned to them:-“animal” has the meaning assigned to it by the Animals Protection Act, 1962 (Act No. 71 of 1962), but does not include any reptile;[The definition of “animal” is substituted by Act 7 of 1972. The Animals Protection Act 71 of 1962 applied to South West Africa and is still in force in Namibia.]“certificate” means a certificate issued and in force under this Act together with a licence and includes any amendment thereof;“exhibit” means to expose for show at any entertainment to which the public are admitted whether for payment of money or otherwise;“licence” means a licence granted and in force under this Act;“licenceholder or licensee” means the person to whom a licence has been granted;“Minister” means the Minister to whom the administration of this Act has been assigned;“police officer” has the meaning assigned to it by the Animals Protection Act, 1962, and includes a person authorized under section 8 of the said Act.[definition of “police officer” substituted by Act 7 of 1972; the full stop at the end of the definition should be a semicolon]“train” means train for the purpose of exhibiting.
11A. Application of Act in South-West AfricaThis Act and any amendment thereof shall apply also in the territory of South-West Africa, including the Eastern Caprivi Zipfel.[section 11A inserted by Act 7 of 1972]
12. Short titleThis Act may be cited as the Performing Animals Protection Act, 1935.
History of this document
01 January 1973 this version
Amended by Animals Protection Amendment Act, 1972
06 July 1955
Amended by General Law Amendment Act, 1955
08 May 1935
Published in South African Government Gazette number 2271