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Protecting the Voiceless - Balancing Profits with Animal Welfare


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Protecting the Voiceless - Balancing Profits with Animal Welfare

Lopes Attorneys

21st February 2024

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Unravelling the Intersection of Animal Welfare and the South African Prevention and Combatting of Corrupt Activities Act

In South Africa, the battle against corruption extends beyond human affairs, encompassing a realm where the vulnerable and voiceless often suffer in silence – the animal kingdom. The South African Prevention and Combatting of Corrupt Activities Act, 12 of 2004 (PRECCA) may not seem directly related to animal welfare, but it plays a crucial role in addressing heinous crimes such as animal trafficking and animal fighting. This article explores how PRECCA can be a potent tool in safeguarding the rights of our furry, feathered and scaly companions.

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Combating Animal Trafficking: A Silent Menace

Animal trafficking is a lucrative but sinister business. It involves the illegal capture, trade, and transportation of wildlife, endangered species, and even domestic pets. The profits are immense, which can attract the attention of corrupt individuals and organizations. But how does PRECCA come into play?

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The Act is a powerful instrument in the fight against corruption. It criminalizes corrupt activities, including bribery, fraud, and money laundering. When applied to animal trafficking, it can target individuals and organizations that engage in illegal activities related to animals. For instance, bribing officials to ignore illegal wildlife shipments or money laundering connected to the trade of exotic pets can fall under the purview of PRECCA.

South Africa is home to diverse wildlife, some of which are endangered or protected by international agreements. The illegal wildlife trade poses a severe threat to these species. PRECCA provides the necessary tools for authorities to prosecute those involved in this illicit trade, ensuring that wildlife is better protected against corrupt activities.

A Practical Example: The Dark World of Dog Fighting and Horse Racing: Where the PRECCA Takes the Reins

Dog fighting and horse racing may seem worlds apart, but both involve animals suffering for profit. The cruel practices often extend to corruption, with many individuals involved in these activities attempting to skirt the law. PRECCA steps in to address this issue.

Under PRECCA, corrupt activities encompass various forms of fraud and bribery. In the context of dog fighting and horse racing, this could involve bribing officials to turn a blind eye to animal abuse or fixing races to ensure large bets pay off. The financial gains in these industries can be substantial, attracting those willing to break the law for personal gain. A balancing exercise therefore remains insufficient, in overriding compliance with legislative prescripts.

By utilizing PRECCA, law enforcement agencies and animal welfare organizations can target and prosecute those involved in corrupt practices related to dog fighting and horse racing. This not only protects the animals subjected to these cruel practices but also maintains the integrity of these sports.

Conclusion: A Stronger, Safer Future for Animals

In the South African fight against corruption, it is crucial to recognize the intersection with animal welfare. PRECCA, designed to combat corrupt activities in various sectors, can be a formidable weapon against crimes like animal trafficking and abuse in dog fighting and horse racing.

With the support of legal professionals who understand the intricacies of PRECCA, the animals that cannot speak for themselves have a better chance at a life free from suffering. If you or someone you know has information about corrupt activities related to animal welfare, it's essential to consult with a legal expert who can navigate the complexities of the law and ensure that justice prevails.

At Lopes Attorneys, we are committed to championing the rights of all beings, human and animal alike. Our team of dedicated professionals is well-versed in the South African Prevention and Combatting of Corrupt Activities Act, and we are here to help you fight against corruption in all its forms. Together, we can create a stronger, and safer future for animals.

Let's work together to protect the voiceless and ensure that justice is served.

Written by Rui Lopes (Equity Principal & Head of Africa) and Mfihlakalo Kubeka (Trainee/Candidate Legal Practitioner) at Lopes Attorneys

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