Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
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Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University Press
Abstract
The general rule in South Africa is that, when an offence is committed, the suspect
has to be prosecuted by a public prosecutor. However, there is an exception
whereby a victim of crime is permitted to institute a private prosecution if the prosecutor
has declined to prosecute. South African law allows natural, but not juristic,
persons to institute private prosecutions. In the case examined in this note, the
appellant argued that the law prohibiting juristic persons from instituting private
prosecutions is discriminatory. The Supreme Court of Appeal held that private prosecutions
are only permitted on grounds of direct infringement of human dignity.
This note argues that section 7 of the Criminal Procedure Act is unconstitutional
for excluding juristic persons from instituting private prosecutions and recommends
steps the appellant could take to institute private prosecutions against those who
mistreat animals.
Description
Keywords
Private prosecutions, South Africa, Protection of animals, Discrimination, Human dignity, Juristic person
Citation
Mujuzi, J. D. (2017). Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA). Journal of African Law, 1-16