ATC230830: Report of the Portfolio Committee on Agriculture, Land Reform and Rural Development on the Animals Protection Amendment Bill [B1 – 2021] (National Assembly– proposed Sec 76), dated 06 June 2023.
Agriculture, Land Reform and Rural Development
Report of the Portfolio Committee on Agriculture, Land Reform and Rural Development on the Animals Protection Amendment Bill [B1 – 2021] (National Assembly– proposed Sec 76), dated 06 June 2023.
The Portfolio Committee on Agriculture, Land Reform and Rural Development (the Portfolio Committee) having considered the Animals Protection Amendment Bill [B1 – 2021] (Private Member’s Bill) as introduced in the National Assembly (NA) (proposed – Section 76), the explanatory summary of the Bill and prior notice of its introduction published in the Government Gazette No. 43702 of 11 September 2020 referred to it, reports on the Bill as follows:
The Animals Protection Amendment Bill [B1 – 2021] (the Bill) was introduced in the National Assembly and referred to the Portfolio Committee on Agriculture, Land Reform and Rural Development on 27 January 2021.
- Objectives of the Bill
The Bill seeks to:
- amend the Animals Protection Act, 1962 (Act No. 71 of 1962), so as to insert a definition for ‘‘cosmetic’’;
- provide for a new offence related to the testing of a cosmetic, or part of or ingredient of a cosmetic, on an animal; and
- provide for matters connected therewith.
- Consideration of the Animals Protection Amendment Bill [B1 – 2021]
In considering the Amendment Bill, the Portfolio Committee invited the Member who introduced the Bill for a briefing on 21 February 2023. This was followed by a briefing by the Department of Agriculture, Land Reform and Rural Development (DALRRD) on the Private Member’s Amendment Bill on 24 February 2023 and further input by DALRRD on 16 May 2023. Following the inputs from the DALRRD on 16 May 2023, the Committee resolved to further invite the Department of Health and the Department of Trade, Industry and Competition to make policy inputs on the Bill. The latter two Departments made presentations to the Committee on 06 June 2023.
- Motion of Desirability and Committee Decision
The Portfolio Committee, having invited the Member who introduced the Bill and following inputs made by the relevant Departments whose legislation or policies may be impacted by the Amendment Bill once passed into law, deliberated on the content of the Bill and then voted on the motion of desirability (MOD) of the Bill.
Three Members of the Committee voted for the desirability of the Bill, four Members of the Committee found the Bill undesirable and Members of the Democratic Alliance (DA) abstained from voting. The motion of desirability (MOD) of the Animals Protection Amendment Bill [B1 - 2021] was thus rejected through a majority vote.
On rejecting the motion of desirability (MOD), it was highlighted that there is no need for the Bill since the Member who sponsored the Bill, some of the submissions in support of the Bill and the Departments that gave inputs highlighted that there is no testing of cosmetics on animals that is taking place in South Africa. Committee Members were of the view that the Bill narrowly focuses on testing of cosmetics on animals within the borders of the Republic of South Africa without taking into consideration the impact of imported cosmetics or ingredients that are used in cosmetics as it was reported that 90% of ingredients used in the manufacturing of cosmetics in the country are imported. It was mentioned that in a resource constrained country such as South Africa, the objects of the Bill may not provide a significant benefit to the country but a negative impact on employment in the local cosmetics industry and its development, as well as on international trade.
Further, in light of the numerous issues including advances in animal welfare that have been highlighted through some of the submissions on the Bill, the need for a holistic approach to animal welfare instead of piece meal amendments to an outdated piece of legislation was emphasised including the development of a comprehensive Animal Welfare Bill that will address all aspects of animal welfare, the Minister can develop regulations under Section 10 of the Animals Protection Act, Act No 71 of 1962 to address the testing of cosmetics on animals while a comprehensive legislation is being developed.
Report to be considered.