The Constitutional Court, in a unanimous judgment, has ruled that the National Society for the Prevention of Cruelty to Animals has the statutory power to institute private prosecutions.
"The NSPCA embarked on this course of legal action in late 2010 in the belief that perpetrators of animal abuse should not be allowed to get away with their crimes simply because the National Prosecuting Authority declines to act," said the society.
Setting aside decisions of the Pretoria High Court and the Supreme Court of Appeal, the Constitutional Court recognised that section 6(2)(e) of the Societies for the Prevention of Cruelty Act, read with section 8 of the Criminal Procedure Act, conferred this power on the NSPCA.
The Constitutional Court ruled that the respondents - the Minister of Justice and Constitutional Development and the National Director of Public Prosecutions - must pay the NSPCA's costs in all three applications.
"People who commit crimes against animals should not go unpunished," said the NSPCA.
"We feel vindicated and consider this a notable victory for the welfare of animals. We shall not let them down.
"Of great significance is the [court's] recognition of the sentience of animals."
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