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National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development and others

December 8, 2016 at 12:00 am

Constitutional Court 

Citation: National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development and Another [2016] ZACC 46

Date: 8 December 2016

Judge: Khampepe J (unanimous)

The Constitutional Court found that the Societies for the Prevention of Cruelty to Animals Act, 1993 (SPCA Act) authorises the National Society for the Prevention of Cruelty to Animals to institute private prosecution against persons who had allegedly committed offences in terms of the SPCA Act.

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Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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