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Under the Act, a victim can relatively informal and cost effectively obtain
a protection order and enforce such against a perpetrator and have
such formally served on them. The Act, unlike the Domestic Violence Act,
does not require a “domestic relationship” between the complainant
and the perpetrator.
In your situation, the single e-mail of your colleague could constitute
harassment under the Act and allow you to consider the remedies
afforded under the Act. It would be prudent to consult your attorney to
discuss the merits and various options available to you to address the
conduct of your colleague before you take any steps.

What rights do performing animals have?

February 2017

“With a circus in town again, I cannot but wonder whether
there is any protection for the animals that have to perform
in the circus. I’m not saying they are being mistreated, but
surely their treatment cannot be left only to the discretion of
the circus owners?”

A circus is a show that often features live animal performances. Our
legislature has long recognised that these animals need protection and
already in 1935 promulgated the Protection of Performing Animals Act
(“PAPA”) to regulate the exhibition and training of performing animals.
At the beginning of this year amendments to PAPA were published
which seeks to amend sections 2 and 3 of PAPA which were declared
constitutionally invalid as they allowed Magistrates to consider and
issue licenses under PAPA. The amendment act has however not yet
commenced in order to provide Government the opportunity to establish
a national licencing authority that will issue licences for the exhibition or
training of animals.
Litigation In terms of PAPA, any person involved in the exhibition or training of

animals (such as a circus owner) must obtain a valid license in terms
of PAPA to do so. To obtain such a licence, very specific guidelines for
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.

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