When is animal suffering ‘necessary’?

Abstract

Despite a legal revolution in South Africa in 1994, there has been no change to the legal framework governing animal welfare. The key act in this area remains the Animal Protection Act of 1962 (‘the Act’). Despite some disparate initiatives to review this Act and identify some of its inadequacies, there has not been any concerted push towards law reform.3 Unfortunately, concerns relating to animals are not currently accorded much attention by the legislature and executive unless there is a society-wide outcry such as in the case of rhino poaching. Though it is of importance to build a campaign for reform in the longer-term, there is a strong possibility that the law may not be changed any time soon. In this context, it is thus of importance to consider the existing legislative framework and whether it contains as yet unexplored possibilities to enhance the protection the law provides for animals.