Animal Welfare

Part A of this Pillar seeks to lay the foundations on animal welfare and well-being, more specifically the constitutional foundations as to how these matters intersect with several guaranteed human rights and how the courts have interpreted these issues (such as the right to have the environment protected; the right to access to information and the right to freedom of expression), and discusses the constitutional and legislative competencies of relevant government entities.

Part B sets out background information as to how the Pillar connects with the Egg Industry by highlighting important capacities and capabilities and qualities of chickens, including but not limited to their sentience. It further highlights globally accepted markers of welfare, including the Five Freedoms and Five Domains, and contrasts these against Cruel Practices within the Egg Industry.

Part C provides an overview of selected governance issues associated with this Pillar in the context of the Egg Supply Chain, including in terms of national policies; national legislation; provincial legislation; local legislation; industry standards and international law.

Part D provides examples of the other Parts in practice, specifically when it comes to the enforcement of existing animal protection legislation, and the primary entity responsible for animal welfare in South Africa, the NSPCA (more on this is set out in Appendix I).

Our research reveals that South Africa is trailing behind other countries, both in the Global North and South, its region and even neighbouring countries regarding its position on animal welfare. Evidence of this derives from among others, the Animal Protection Index (“API”) composed by World Animal Protection. The API conducts assessments of various countries’ animal protection standards and assigns a ranking to each country according to their legislation and policy commitments to protecting animals with their four main rating criteria being: recognition of animal sentience and prohibition of animal suffering; presence of animal welfare legislation; establishment of supportive government bodies; support for international animal welfare standards. This is done in an effort to support lobbying efforts for the promotion of stronger laws to better protect animals. South Africa was awarded the ranking of “E” in 2020 (A rating of “A” represents the highest results and “G” identifies countries with the most room for improvement).

This pillar highlights, amongst others, that Cruel Practices done to Egg Laying Hens and Chicks in the Egg Supply Chain are arguably in contravention of some statutes, including for example the Animals Protection Act (“APA”), but this question would need to be brought before a court for proper adjudication. In the interim, it appears as if Cruel Practices which are routinely utilised by the Egg Industry, are largely accepted as lawful, and not challenged. Even by those enforcing relevant legislation, such as the NSPCA and individual SPCAs, reporting on animal welfare issues does not routinely report in its inspections on all Cruel Practices. See more in Part D of this pillar entitled “Enforcement”.