Animal justice to get boost
The link between gender violence, including rape, and the abuse of animals cannot be denied and the justice ministry has taken action.
Robust legal protections proposed in a new animal protection and welfare bill include stiff punishments for animal abusers ranging between five years to 15 years behind bars, and fines of between N$10 000 and N$200 000, or both.
In a pre-emptive rebuttal against likely critics of the bill, justice minister Sakeus Shanghala pointed out a strong link between animal abuse and violence against women and children. At the launch of the bill for public input on Saturday, the minister, who has spearheaded the strengthening of animal justice through the bill since the start of the year, stressed that globally, “there is increased understanding that there is a link between animal and human violence”.
He said while “some may ask why waste time on animal welfare when there are people being abused, tortured and neglected”, addressing the link between the abuse of vulnerable victims and animals is crucial.
He added that by focusing on animal welfare in Namibia, “I am also able to focus on the welfare of women and children that are abused”.
The minister highlighted that studies undertaken in the United Kingdom recently demonstrated that “animal abuse is a better predictor of sexual assault than previous convictions for homicide, arson, or firearm offences”. Further research showed that 61.5% of convicted animal abuse offenders had also committed assault, 17% had committed sexual abuse, and 8% had arson convictions.
Research further showed that animal cruelty offenders committed an average of four different types of criminal offences. Moreover, all sexual offenders reported having been cruel to animals. Sexual assault, domestic violence and firearms offences featured prominently in animal cruelty histories. Shanghala said that while studies correlating animal abuse and violence against women and children had not been undertaken in Africa, “I have no doubt that it would yield the same results”.
Justice
The current animal protection bill, which is 57 years old, has a maximum penalty for any type of animal abuse and neglect, irrespective of the severity of the case, of N$200.
The landmark animal protection and welfare bill, proposes a maximum N$100 000 fine or maximum 10 years behind bars, or both, for persons convicted of being involved in animal fights. Repeat offenders, could face up to 15 years behind bars, or a maximum N$200 000 fine, or both.
General animal abuse or neglect convictions, including overloading vehicles with animals in inhumane conditions, tying up an animal, inadequate food, shelter or water, could land an offender in jail for five years or fined for a maximum of N$10 000 or more. Moreover, offenders found guilty of specific types of animal neglect, abuse, including using traps or poison, cropping ears and tails or declawing cats, can be fined up to N$$20 000 or 10 years behind bars or both. Anyone convicted of the torture of an animal could face 15 years behind bars or a N$25 000 fine or both.
The bill further enhances the powers of animal welfare officers and organisations, to, among other powers, search premises without a warrant if reasonable grounds of animal torture, abuse or neglect are suspected.
The bill seeks to address pet breeders by strengthening regulations around the industry to ensure humane conditions. Shanghala noted that the launch of the bill is the “first of many steps that will be taken to ensure open dialogue on legislation and the improvement of animal welfare mechanisms”.
Time to change
Ronél Lewies, founder of Annie's Animal Legal Fund, said the current Animal Protection Act 71 of 1962 has not been reviewed, supplemented or updated since its implementation in pre-independent Namibia.
She described the current maximum penalties as an absurdity and said the proposed law addresses a wide range of issues previously unregulated or inadequately regulated.
Lewies praised the efforts of the justice ministry, particularly Shanghala's, dedication, to improve and strengthen animal rights.
Shanghala has been appointed in the honorary position of ambassador of the SPCA and nominated as patron of the welfare organisation.
Shanghala's pioneering push to enhance animal rights in Namibia began in January, when he saw the World Animal Protection Index, the indicators of which were used to guide the drafting of the bill. “Although Namibia is making great strides in animal welfare, I am under no illusions that there is still plenty of work to be done in terms of the protection of marine animals, draught animals and general education in animal care standards,” he said. He said the bill is aimed at placing the country as leader in animal protection and welfare. The public is invited to give input by 21 October, and Shanghala underlined he wants to table the bill before the end of the year. The bill has been in principle approved by cabinet, and shared with the attorney-general's office and the law reform and development committee. The ministry is also currently working on a divorce law amendment and an amendment to the rape laws to improve women and family rights. Moreover, the minister recently tabled the prevention and combating of the torture bill, and has recently suggested reform of the community court structure.
JANA-MARI SMITH
In a pre-emptive rebuttal against likely critics of the bill, justice minister Sakeus Shanghala pointed out a strong link between animal abuse and violence against women and children. At the launch of the bill for public input on Saturday, the minister, who has spearheaded the strengthening of animal justice through the bill since the start of the year, stressed that globally, “there is increased understanding that there is a link between animal and human violence”.
He said while “some may ask why waste time on animal welfare when there are people being abused, tortured and neglected”, addressing the link between the abuse of vulnerable victims and animals is crucial.
He added that by focusing on animal welfare in Namibia, “I am also able to focus on the welfare of women and children that are abused”.
The minister highlighted that studies undertaken in the United Kingdom recently demonstrated that “animal abuse is a better predictor of sexual assault than previous convictions for homicide, arson, or firearm offences”. Further research showed that 61.5% of convicted animal abuse offenders had also committed assault, 17% had committed sexual abuse, and 8% had arson convictions.
Research further showed that animal cruelty offenders committed an average of four different types of criminal offences. Moreover, all sexual offenders reported having been cruel to animals. Sexual assault, domestic violence and firearms offences featured prominently in animal cruelty histories. Shanghala said that while studies correlating animal abuse and violence against women and children had not been undertaken in Africa, “I have no doubt that it would yield the same results”.
Justice
The current animal protection bill, which is 57 years old, has a maximum penalty for any type of animal abuse and neglect, irrespective of the severity of the case, of N$200.
The landmark animal protection and welfare bill, proposes a maximum N$100 000 fine or maximum 10 years behind bars, or both, for persons convicted of being involved in animal fights. Repeat offenders, could face up to 15 years behind bars, or a maximum N$200 000 fine, or both.
General animal abuse or neglect convictions, including overloading vehicles with animals in inhumane conditions, tying up an animal, inadequate food, shelter or water, could land an offender in jail for five years or fined for a maximum of N$10 000 or more. Moreover, offenders found guilty of specific types of animal neglect, abuse, including using traps or poison, cropping ears and tails or declawing cats, can be fined up to N$$20 000 or 10 years behind bars or both. Anyone convicted of the torture of an animal could face 15 years behind bars or a N$25 000 fine or both.
The bill further enhances the powers of animal welfare officers and organisations, to, among other powers, search premises without a warrant if reasonable grounds of animal torture, abuse or neglect are suspected.
The bill seeks to address pet breeders by strengthening regulations around the industry to ensure humane conditions. Shanghala noted that the launch of the bill is the “first of many steps that will be taken to ensure open dialogue on legislation and the improvement of animal welfare mechanisms”.
Time to change
Ronél Lewies, founder of Annie's Animal Legal Fund, said the current Animal Protection Act 71 of 1962 has not been reviewed, supplemented or updated since its implementation in pre-independent Namibia.
She described the current maximum penalties as an absurdity and said the proposed law addresses a wide range of issues previously unregulated or inadequately regulated.
Lewies praised the efforts of the justice ministry, particularly Shanghala's, dedication, to improve and strengthen animal rights.
Shanghala has been appointed in the honorary position of ambassador of the SPCA and nominated as patron of the welfare organisation.
Shanghala's pioneering push to enhance animal rights in Namibia began in January, when he saw the World Animal Protection Index, the indicators of which were used to guide the drafting of the bill. “Although Namibia is making great strides in animal welfare, I am under no illusions that there is still plenty of work to be done in terms of the protection of marine animals, draught animals and general education in animal care standards,” he said. He said the bill is aimed at placing the country as leader in animal protection and welfare. The public is invited to give input by 21 October, and Shanghala underlined he wants to table the bill before the end of the year. The bill has been in principle approved by cabinet, and shared with the attorney-general's office and the law reform and development committee. The ministry is also currently working on a divorce law amendment and an amendment to the rape laws to improve women and family rights. Moreover, the minister recently tabled the prevention and combating of the torture bill, and has recently suggested reform of the community court structure.
JANA-MARI SMITH
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