Program Overview

Course Overview

Prosecuting Animal Cruelty in South Africa

This course explores the Animals Protection Act and its interaction with the Criminal Procedure Act, including how cases are initiated, investigated, and tried. The course covers the gathering of evidence, laying of charges, and argument of cases in court. It also addresses legal loopholes, common challenges in enforcement, and current reform efforts to improve animal protection through strategic litigation and legislative change.

Course Details

When and Where

The course will be held remotely from 5 to 7 October 2026, 9:00 to 11:00 SAST.

Course Outline

The following topics will be covered:

• Foundations of Animal Protection in South African Law
  • Overview of the Animal Protection Act: purpose and key provisions
  • Brief history of animal protection legislation in SA
  • Classification of offenses under the APA
  • The role of animal cruelty laws in a rights-based legal system
• Overview of the Criminal Procedure Act
  • Purpose and scope of the CPA
  • How the CPA governs all criminal prosecutions
  • Key procedural stages: arrest, bail, trial, sentencing
  • Importance of procedural fairness in animal cruelty cases
• Initiating prosecution under the APA using the CPA
  • Laying charges under the APA
  • Who can initiate prosecution? (SPCA, NPA, SAPS)
  • Role of section 20–21 of the CPA: search and seizure
  • Use of section 57 for admission of guilt fines in minor offenses
  • Importance of proper charge formulation (CPA compliance)
• Evidentiary Considerations in Animal Cruelty Cases
  • Gathering admissible evidence: photos, vet reports, witness testimony
  • Use of section 212 of the CPA for expert evidence (e.g., vets)
  • Chain of custody and the handling of seized animals
  • Protecting evidence of ongoing cruelty (urgent court orders, interdicts)
• Trial Process & Courtroom Dynamics
  • Applying CPA trial procedures to APA offenses
  • Role of magistrates, prosecutors, and SPCA inspectors
  • Presenting cases in lower courts (magistrates' courts vs. regional courts)
  • Sentencing guidelines and use of CPA section 297 (suspended sentences, conditions)
• Common Challenges & Legal Loopholes
  • Inadequate training of prosecutors or police
  • Abuse of CPA procedural rights (delays, technical defenses)
  • Ambiguities in APA definitions (e.g., what constitutes "unnecessary suffering")
  • Need for bail conditions protecting animals or the public
• Reform & Strategic Litigation
  • Review of proposed legislative amendments to the APA
  • Improving alignment between APA and CPA for efficiency
  • Examples of public interest litigation involving animal cruelty
  • Civil remedies and interdicts in parallel with criminal prosecution

Target Audience

This course is designed for legal professionals (attorneys and advocates), animal welfare professionals, and prosecutors.

Presenters

• Lisa V. Thomas: A former criminal defence advocate and professional legal assistant in Durban, with a wealth of experience in both private and public law practice.
• Michelle Wolmarans: An animal handler and trainer with over 40 years of experience, committed to animal welfare and professionalizing the sector.

Fees and Certification

• The course fee is R3,300 per person.
• A digital certificate of attendance from UCT will be issued to those who attend the full course.

Additional Information

• The digital certificate can only be viewed on a secure portal and cannot be downloaded or printed.
• A hard copy of the certificate can be ordered at an additional cost, including courier fees.
• No certificate will be issued without full payment of the course fee.
• Certificates will be processed within three weeks after the end of the course.