As South Africans celebrate our hard-won democracy and the progress that has been made in creating a society that entrenches dignity, equality, and freedom, we must also confront the uncomfortable truth: as long as animals continue to suffer under outdated and inadequate legal protections, our freedom remains incomplete.
South Africa urgently needs a modern Animal Welfare Act — one that reflects contemporary scientific understanding, aligns with constitutional values, and gives effect to judicial precedent.
Despite important rulings by our highest courts, Parliament and the executive have yet to act.
The previous Animals Protection Act was drafted in 1962.
In 2016, the Constitutional Court explicitly stated that animal welfare protections must go beyond safeguarding human morality and instead affirm animals’ worth as sentient individuals.
This is not merely symbolic — it redefines animals as beings with interests and emotions, not just property under the law. ‘
The court ruled that animals have intrinsic value and are more than just human property as they have value in of themselves and are not akin to other property like a piece of furniture or a pen.
Furthermore, the law contains a dangerous loophole: it only prohibits “unnecessary suffering.”
This ambiguous standard allows suffering to be justified in many contexts, particularly where economic or cultural motivations are involved.
Suffering should never be the rule — it should be the rare exception, and our laws must be consistent in reflecting that.
There is also a growing, but false, narrative that advancing animal welfare comes at the expense of human rights and freedoms.
On the contrary, stronger animal protection correlates with reduced violence in society, improved environmental outcomes, and a more compassionate and free society for all.
Animals, like many members of our society, do not have a voice and rely on us for protection and representation.
When we fail to protect the vulnerable, we undermine the very values our Constitution seeks to uphold — dignity, equality, and freedom from violence.
At the Animal Law Project, we urge the Department of Agriculture to ensure broad consultation with animal welfare experts and present a draft bill that reflects the constitutional balance required.
Parliament cannot delay any longer – to do so is to ignore the law, the will of the people, and the suffering of those who cannot speak for themselves.
Freedom, in its truest form, leaves no one behind — not even our fellow animals.
*Charan Saunders is an Animal Welfare Consultant for the Animal Law Project. The views expressed by Charan Saunders are not necessarily those of The Bulrushes.
