The National Council of SPCAs (NSPCA) appears before the Constitutional Court today as a respondent in a case that could reshape how South African law recognises wildlife well-being. The matter centres on the inclusion of “well-being” in the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA), which the NSPCA is defending against a challenge brought by the South African Hunters and Game Conservation Association (SAHGCA).
Background to the NEMBA amendment
In 2022, the NSPCA succeeded in having “well-being” included in NEMBA. The definition refers to the holistic circumstances conducive to an animal’s physical, physiological and mental health, including its ability to cope with its environment. The amendment followed engagement with the Department of Forestry, Fisheries and the Environment and aligns with court findings recognising animals as sentient beings.
How the case reached the Constitutional Court
SAHGCA approached the Constitutional Court seeking to challenge the well-being provisions in NEMBA. The NSPCA says it was not informed of the application despite its statutory mandate to protect animal welfare. After signalling its intention to intervene, the NSPCA learned of alleged attempts to settle the matter without its participation and approached the Gauteng Local Division of the High Court on an urgent basis. The High Court granted an interdict preventing any settlement that excluded the NSPCA.
The organisation confirmed the case does not affect its existing powers under the Animals Protection Act 71 of 1962, which remains enforceable. NSPCA Communications Manager Jacques Peacock said in a media statement that the council remains resolute in defending the inclusion of well-being in NEMBA.
