Rules of the National Council of Societies for the Prevention of Cruelty to Animals in terms of section 7 of the Societies for the Prevention of Cruelty to Animals Act, 1993 (No. 64 of 2004)

Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 468 Pretoria 17 June 2004 No. 26439 AIDS HELPLINE: 0800-0123-22 Prevention is the cure STAATSKOEI~ANT, 17 JUNIE 2004 No. 26439 3 BOARD NOTICES RAADSKENNISGEWINGS BOARD NOTICE 64 OF 2004 RULES INCLUDING ALL THE ADDITIONS AND AMENDMENTS FROM BOARD NOnCE 16 OF 1995 UP TO THE DATE OF THIS GOVERNMENT GAZETTE NATIONAL COUNCIL OF SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS I N TERMS OF SECTION 7 OF THE SOCIETIES FOR THE PREVENTION OF CRUELN TO ANIMALS ACT, 1993 ("THE ACT") RULES 1. DEFINITIONS 1.1 In these Rules unless the context otherwise indicates words and phrases defined in section 1 of the ACT will have the meanings assigned to ,them in the ACT. 1.2 Reference to the Operations Manual in these Rules shall be a reference to the Operations Manual as laid down by the Council from time bo time. 2. AIMS, OBJECTIVES AND POLICY STATEMENT 2.1 The Statement of Policy as laid down in the Operations Manual published by the Council from time to time and which has been approved by general meeting for all purposes forms part of these Rules. 2.2 A Society shall adopt the Statement of Policy as its own manifesto and will strictly adhere to and advance the commitments therein contained. Any employee, member of the governing body, or member of the Society, who fails to adhere to this policy shall not be permitted to continue as an employee, member of the governing body, or member of the Society. 2.3 No Society, its employees, members of the Governing Body or other members shall make any statement nor do anything which will or might have the effect of undermining, frustrating, or restricting the optimum achievement of the aims, objects and policies of the Council. 3. IDENTIFICAnON AND) ADVERTISING OF SOCIETIES 3.1 A Society shall display on its premises, prominently in a public place, a notice that it is a Society registered as a Member of the Council in accordance with the ACT. 3.2 The location of an operational Society shall be identified and signposted in its vicinity of operation by means of signs and marks approved by the Council which enables the public to easily locate and identify the premises occupied by suc:h Society. 3.3 A Society shall publish its name, telephone numbers including emergency telephone numbers and its physical address in the telephone directory serving its area of operation. 4 No. 26439 GOVERNMIENT GAZETTE, 17 JUNE 2004 3.4 A Society shall appoint a suitably competent and responsible person who can be readily contacted by members of the public. 3.5 A Society shall only use printed !stationery, which bears the name and logo approved by the Council and stating that it is a Society registered as a Member of the Council in terms of the ACT. 3.6 Where a Society is situate upon property owned by a private person, it shall not permit or condone the use of funds under its control, or intended for its benefit, to erect permanent structures upon the property, without the prior written consent of the Board first being obtained, and upon such terms and conditions as the Board deems appropriate. 4. COMPOSITION AND DUnES OF GOVERNING BODIES 4.1 For the purpose of these Rules the Governing Body of a Society will mean and include any committee, subcommittee, Board of directors, or other group of people or any individual person, howsoever called, which wholly or partly makes policy decisions for a Society. 4.2 A Society shall be established and governed by a memorandum, articles of association, constitution or other founding document according to the Non-Profit Organisation Act and requiring a minimum of five members. No member of the governing body or staff of a Society shall be a member, agent, employee, official or representative of another animal welfare organisation, body or committee, interim, temporary or otherwise, or an organisation, body or committee, interim, temporary or otherwise, whose principles, aims, objectives, or general policy do not accord with those of the NSPCA and/or which has a function which may affect or have an impact upon the welfare of animals, unless previously approved in writing by the Board, which approval shall not be unreasonably withheld. 4.3 (a) A Society shall, within twenty-one (21) days of its Annual General Meeting, notify the Council in writing of the names, addresses and telephone numbers of each of the Society's officers including without limitation each of the members of the governing body, and of any subsequent changes within 21 days of their occurrence. (b) All bank and other accounts with financial institutions operated by a Society shall be in the name of the Society and shall be operated reliant upon the signatures of two or more signatories, who shall /not be from the same family nor household, authorised by a written resolution properly passed by the Governing Body of the Society. 4.4 A Society shall be permitted to assume the functions of the Municipal Licensing Department in its area of operation: Provided that if the function is assumed the Society shall employ sufficient staff to fulfil the required functions so as to ensure that the Society and its staff are in no way compromised from fulfilling as an absolute priority the aims, objects and policies of the Society. 4.5 A Society shall give notice to the Council of its Annual General Meeting by circulating to the Council the usual notice of meeting as and when circulated to members. 4.6 Should a Society be approached to appoint a person, nationally or otherwise on any body, commtttee or organisation, interim, temporary or otherwise whose decisions will affect or have an impact upon the welfare of animals, this matter shall be referred to the Council for its determination. No consent may be provided by a Society for this purpose. STAATSKOEIqANT, 17 JUNlE 2004 No. 26439 5 4.7 Societies shall, together with their audited Financial Statements, submit to the NSPCA a certificate signed by their auditor confirming the sum of all legacies received by them. This certificate sharr be accompanied by copies of the Last Wills and Testaments which constitute the basis for such legacies. 5. MANAGEMENT AND DAY TO DAY AFFAIRS OF SOCIHTES 5.1 A Society shall not apply for or allow an application to be made for a Magistrate's Letter of Authority in terms of the Animals Protection Act to be issued in the name of any person unless that person has passed the Council's Inspectorate Examinations or is otherwise authorised by the Council expressly to do so. 5.2 If a person in whose name a Magistrate's Letter of Authority has been issued ceases for any reason to be appointed by a Society, such Society shall request the Magistrate who issued such Authority to cancel the same and the Society shall advise the Council in writing of the termination of such appointment 5.3 A Society shall ensure that its qualified inspectors shall wear uniforms, badges and insignia previously approved by the Council. 5.4 A Society shall not refuse admission to any unwanted or stray animal. 5.5 A Society shall not refuse to assist an injured or sick animal. 5.6 A Society shall be alert to and ready to take action against any person guilty of contravening the Animals Protection Act and/or an associated Act and shall take such action as may be available and appropriate to prevent or prosecute such contravention, as the case may be. 5.7 A Society shall not home a dog to a person or legal entity, which intends to or is reasonably likely to use the dog for the provision of securiity services. Definition of a legal e n t i is a private or commercial security organisation, which shall include :- Companies, SAPS, SADF, Prison Services and any other service which uses dogs for guarcling/protection services. 5.8 Euthanasia carried out by a Society shall be in accordance with the recommended procedures laid down in the Operations Manual published by the Council from time to time. 5.9 A Society shall sterilise every animal as specified in the Operations Manual published by the Council from time to time. In those cases where the animal is too young for the surgical procedure the Society shall make contractual arrangements for the future sterilisation of the animal when it is old enough on the basis that if the person to whom the animal is homed does not comply with the contractual obligations, the animal shall be repossessed. 5.10 A Society shall adopt and apply the highest standards of animal husbandry as specified in the Operations Manual published by the Council from time to time. 5.11 A Society shall not keep any animals for breeding purposes nor allow SPCA facilities to be used for breeding animals. 'I 'I i 6 No. 26439 GOVERNMENT GAZETTE, 17 JUNE 2004 5.12 A Society shall not keep on its premises for an indefinite period or for any period beyond that which is strictly necessary for the wdl-being of the animal, any wild animals (including birds and reptiles) which are not suffering ill-health. 5.13 A Society shall not home a doc1 if it knows or ought to know that the dog will or might reasonably be expected to be kept chained or caged. 5.14 A Society shall not home a dog tx a home situated in a municipal area if it is known that the home is inadequately fenced and gated. 5.15 A Society shall not supply live animals to any organisation, body or person for research or teaching purposes. Trials may be conducted on live animals where such trials are for the benefit of the same species, cause no suffering, ape done upon the premises of a Society, and are conducted under the supervision of a veterinarian approved by the Council. Further, prior to the conduct of such trial, the prior written consent of the Board must first be obtained, and the trial shall be conducted upon such terms and conditions as the Council deems fit. 5.16 A Society shall keep accurate, complete and legible records of every animal handled by it so that such records give a full account of the circumstances under which the animal came to be handled, the activities undertaken by the Society in relation to the animal and the result thereof. Such records shall be made available to the Board on request to facilitate the compilation of accurate and comprehensive records of the activities of member Societies. 5.17 A Society shall retain all of its records in a safe and accessible place. Unless a longer period of retention is required by Statute, such records shall be retained for a minimum period of five years, and every Society shall inform the Council in writing of the place where such records are maintained. 5.18 A Society which becomes aware of or involved in a matter of Provincial or National rekvance must inform the Board immediately. 5.19 A Society shall not raise nor endeavour to raise funds outside the area of its operation as defined by its constitution or its registratiton except in the case of applications to national TnJsts. I n the event of a dispute the Board shall act as mediator. 5.20 No Society shall be entitled to raise funds in a manner which is contrary to the Statement of Policy; nor shall it be entitled to use the "blue cross" trade mark for any fund raising activities without the written consent of the Board, 'which consent shall not be unreasonably withheld. 5.21 The Chairman of an SPCA management committee may serve for only four consecutive years, after completion of which he may not serve for one full year in that capacity before once again becoming eligible for re-election. If the society is unable to find a replacement and this; places the continued existence of the Society in jeopardy, the Society may apply to the NSPCA Board of Directors for exemption. This exemption would be for one year only and must be reapplied for on an annual basis if the problem persists. 5.22 No statistics or publicity may be given or generated by a Society which is intended to create a negative image or give a negative impression of the SPCA movement. 5.23 (a) All Societies with off Balance Sheet Trusts or Off-Shore Accounts or any account not reflected on the Balance Sheet must provide National Council with audited Financial Statements for the above. STAATSKOERANT, 17 JUNIE 2004 No. 26439 7 3 3 (b) By the 31 July each year all income must be paid into the banking account of a Society and no income, whether in the form of legacies or othewise, may be paid directly into any Trust or Off-Shore banking ;account. No Trust may be created unless the terms contained in its founding document have been approved by the Board in writing; which approval shall not be unreasonably withheld. 5.24 Audited Financial Statements as per the SPCA Act 169 of 1993 Clause 9 (2) (c) - Income Statements must be detailed and include as it separate item (1) Subscriptions (2) Legacy/Bequest (3) Income from Trusts. The expenditure must be detailed and include salaries and wages as separate items. 5.25 Any Society that homes puppies or kittens to areas outside their area of jurisdiction must sterilise such animals before releasing them to {their new owners. 5.26 No Society shall exhibit animals taken or given into their care, off the SPCA property, whether for gain or not and irrespective of whether the animals are owned by or in the care of the SPCA. 5.27 Societies may not use the Internet f c r posting of "lost and found" notices and may not authorise, support or become involved with any other party which does so whether this is on behalf of a Society or with their knowledge. 5.28 Every Society shall have at least one qualified Inspector on its staff. The Board may however exempt a Society from such a requirement upon such conditions and for such period (which period shall not exceed 12 months) as it may deem fit:, having regard to the particular circumstances of the Society, and after receipt of a request for such exemption, fully motivated, from the Society. 5.29 All Inspectors are required to attend a Refresher Course every 5 years. Immediate effect. 5.30 All committee members elected or co-opted onto a committee of a society must sign the Code of Conduct for committee members to be found in the Operations Manual. 5.31 No Society shall endorse any product without the written consent of the Board, which consent shall not be unreasonably withheld. 6. GENERAL 6.1 A Society shall conduct its activities in compliance with all laws applicable to it including without limitation, the requirements of the Nonprofit Organisations Act, 1997 (No 71 of 1997) (and any legislation passed wholly or partly in substitution therefor) the Animals Protection Act and the associated Acts and the Labour Regulations Ad:, No.28 of 1956 (or any legislation enacted wholly or partly in substitution therefor). 6.2 A Society shall adopt fair labour practices incorporating the Grievance and Disciplinary Procedures contained in the Operations Manual published by the Council from time to time. 6.3 Directors of the Board of the Council are required to sign and adhere to the Code of Conduct. They are also required to ensure that if they are on the staff or committee of a Society, that that Society is not in contravention of the SPCA Rules and Act. I n the event that they fail to do so, they may be removed from office by a vote of the Board, which shall be carried by a majority of at lcast 75%. 8 No. 26439 GOVERNMENT GAZETTE, 17 JUNE 2004 6.4 At the Annual General Meeting the Board shall advise the Council of any actions it has taken with regard to contravention of the Act and Rules by any member Society. 6.5 Societies shall be obliged to adhere to any licensing or permit requirements established by law or regulation, as well as any codes of practice which have been endorsed by the NSPCA as well as to enforce same for the general public. 6.6 No member, committee member, director, employee or other officer of the NSPCA or any Society may use any information obtained by him/her through his/her association with the NSPCA or Society for any purpose other than for the benefit of the NSPCA or Society; he/she is specifically prohibited from deriving any personal benefit therefrom unless he/she has first obtained the prior written consent of the Board. I n the absence of such consent, such member, director, employee or other officer shall be liable to account for any profits or benefits received by him/her to the NSPCA or Society concerned. 6.7 In the event that any member, co,mmittee member, director, employee or other officer of the NSPCA or any Society acts in breach of any provision of the Act and Rules, then the procedures set out in Section 11 of the Act, as they apply to Societies, shall apply mutatis mutanujs, and shall permit the expulsion of such person as a member of the NSPCA, any S o c i e t y , or the organisation as a whole.