Question NW1700 to the Minister of Cooperative Governance and Traditional Affairs
05 August 2022 - NW1700
Ceza, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs
In light of the right to practice cultural and religious believes being guaranteed in the Constitution of the Republic of South Africa, 1996, what action has been taken by her department to introduce national legislation that will rescind discriminatory by-laws relating to permits often required in municipalities to slaughter cows and goats for customary purposes in urban areas?
Reply:
Government has not introduced additional legislation on the slaughtering of animals in urban areas for customary purposes. These practices are currently guided by municipal by-laws and guidelines which are also informed by the Abattoirs Hygiene Act. The CRL Rights Commission has also released a Guidelines Report on the African Ritual of animal slaughter. The Report notes, amongst others, that seeking a municipality’s permission to slaughter should be encouraged and approached as a courtesy, as no municipality may refuse an individual’s right to slaughter animals.
Municipal by-laws are there to ensure that the slaughtering of animals is not done in an inhumane manner and takes into consideration applicable health requirements as well as the rights of others. In the recent work done by the CRL Rights Commission on the review of by-laws that impact on the slaughtering of animals for cultural and religious purposes in the 8 Metropolitan Municipalities in the previous financial year, the Commission observed that the time period for application for slaughtering of animals in some of the Metropolitan Municipalities needs to be revised to accommodate slaughtering for funerals. Similarly, the Commission found that in other municipalities, the by-laws need to be made more explicit when it comes to expectations regarding slaughtering in a residential area. As part of its intervention to assist, the Commission is arranging to meet with these municipalities to take these matters forward.
Based on the above work of the Commission and its on-going engagements with affected municipalities, we believe that it may not be necessary to promulgate national legislation at this stage. However, in the meantime where communities feel that they face discrimination when they want to slaughter for cultural purpose, they may liaise with the CRL Rights Commission for the necessary assistance.