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the treatment of animals must be followed and the licence will only
be issued if these guidelines are complied with and the applicant is
deemed fit and proper to obtain such a license.

The premises where the performing animals are kept may also be
inspected for compliance with the terms and conditions of the licence.
Any non-compliance or failure to possess a licence may result in an
offence leading to a fine or imprisonment for up to 12 months.
As with all things, the protection measures are there, but it is also the
responsibility of the public to be wary of any abuse and report such
to the authorities who can take the necessary measures to ensure
protection of vulnerable animals that cannot do so for themselves.

What to do to privately prosecute?

January 2017

“In 2016 my son was assaulted in ‘n bar, however the state
decided not to prosecute the particular person. Lately I’ve
heard a lot in the news about private prosecution. How does
it work?”

While a large percentage of the South African public only recently heard
of private prosecution, it is not a new concept, and has been in existence
for almost a century, even though it is seldom used.

In terms of Section 7 of the Criminal Procedure Act a private person
may prosecute another person privately should the Director of Public
Prosecutions/National Prosecution Authority decide not to prosecute.

Should such a decision be taken, a nolle prosequi certificate will be
issued. This certificate is then valid for three months, which means that a
person considering private prosecution has to take the necessary legal
steps within three months from date of issue. Litigation

A person considering private prosecution must also note that he/she
should have an essential and particular interest in the case, and that
he/she must have suffered personal damages as a result of the alleged
offence. Private prosecution also makes provision for spouses to institute
such prosecution on behalf of each other, as well as for parents to act
on behalf of their children and guardians on behalf of minors.

Two or more persons may however not institute private prosecution
under the same charge, unless both parties suffered damages due to
the same alleged offence.

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