Adv. Pule Baloyi , a member of the Pan African Bar Association of South Africa (“PABASA“) from the PABASA Tshwane Chambers has on behalf of MDM Attorneys, Bloemfontein, issued the following statement that:  

The Bethlehem SPCA and Tshwane SPCA have as joint applicants, instructed MDM Attorneys Bloemfontein, to approach the High Court Pretoria for the court to consider the following relief:

Adv. Baloyi confirms that the application has been issued and is being served on the Respondents, this application requests the High Court in Pretoria to order the Minister of Agriculture fulfil his statutory duty of oversight in respect of the NSPCA Board, and to order an investigation and a forensic audit into the NSPCA Board due to the closure of various societies countrywide.  

The Court is also requested to order the provisional suspension of certain key role players on the Board of the NSPCA, for their possible actions which led to the closure of numerous societies countrywide. If the application is successful, The Minister of Agriculture will report back to the Court when the investigation and forensic audit has been done, this investigation is to ascertain if it possible that the Board of the NSPCA is capable of fulfilling its function, if not various remedies have been suggested to enable the proper function of the NSPCA, which will benefit societies and animals countrywide. 

The proper functioning of the NSPCA Board is vital to the success of all societies and in the best interests of all animals. 

The Court has also been requested amongst other aspects to reinstate the removed Chairperson of the Bethlehem SPCA, Corlene Van der Merwe, which was unfairly removed as the chairperson and member of the Bethlehem SPCA, by the Board on 29 October 2024. 

The Court has also been requested to look into the constitutionality of certain sections of the SPCA Act, the Boards Constitution, and rules as well as the Societies constitution which the Applicants view as unconstitutional and detrimental to societies and the welfare of animals countrywide. 

The Applicants, being the Bethlehem and Tshwane SPCA, believe that the rights of animals are of paramount importance, and that the wellbeing of all animals is at the core of their application to court, they will argue that the existence of Societies for the Prevention of Cruelty to Animals (SPCA’s) countrywide is fundamental to the protection of all animals against animal cruelty and promotion of animal welfare.

The closures of Societies is a cause of grave concern, as when societies close down, animal welfare and the prevention of animal cruelty is negatively affected. The Bethlehem and Tshwane SPCA have undertaken to fight for animals, and approaching court is the only means that animals will get the protection needed. 

This matter has far reaching consequences for the Applicants, for animals and for societies countrywide, and has been launched in the interests of animals and the public. 

We request the public, to gather all the information about why the matter has been taken to the High Court to intervene, and why we submit that all societies survival hang in the balance, which must be protected by the Court, which has been requested to order intervention from the Minister of Agriculture. 

There is no way forward with the NSPCA under the current Board and Directors, which according to the Applicants have lost sight of the objects and aims of the SPCA Act, and are incapable of fulfilling their statutory mandate in the interests of societies, which protect animals and prevent animal cruelty. The NSPCA was approached on numerous occasions by the Applicant’s legal Representatives and other Societies to have introspection and to self-correct, the NSPCA has despite such pleas, refused to do so.

Because of this, we request the public to support these brave societies and to support all societies countrywide. 

Adv. Baloyi