THE BENCH
Official Newsletter of the Judicial Officers Alliance of South Africa
Seventh Edition · October 2026
Animal Welfare and the Judicial Conscience
The Duty of Care Towards Sentient Beings
Mr Neelan Karikan attending to the veterinary care of a Doberman. Animal welfare is an expression of the same values of compassion and responsibility that undergird the administration of justice.
The Animals Protection Act 71 of 1962 and the more recent developments in animal welfare law impose clear duties on owners and on the state. Cruelty to animals is a criminal offence. Magistrates regularly grant orders under the Act and, in appropriate cases, consider the welfare of animals when determining the suitability of persons for certain licences or when dealing with related property matters. The Constitutional Court has recognised that animals are sentient beings worthy of protection. In National Council of Societies for the Prevention of Cruelty to Animals v Openshaw and subsequent decisions, the courts have affirmed that the state has a positive duty to prevent animal cruelty. For judicial officers, this means that applications for the destruction or removal of animals, and criminal matters involving neglect or abuse, must be approached with both legal precision and a proper appreciation of the moral interests at stake. Compassion for animals is not sentimental; it is consistent with a legal culture that values the prevention of unnecessary suffering. The photograph accompanying this article is a reminder that leadership in the judiciary includes modelling care and responsibility in every sphere of life.
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