Contingency Fees Act, 1997
R 385.00
Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)RulesRules in terms of the ActGuidelines |
| 1. | A Society shall display on its premises, prominently in a public place, a notice that it is a Society registered as a Member of the Council in accordance with the Act. |
| 2. | The location of an operational Society shall be identified and signposted in its Vicinity of operation by means of signs and marks approved by the Council which enables the public to easily locate and identify the premises occupied by such Society. |
| 3. | A Society shall be permitted to assume the functions of the Municipal Licensing Department in its area of operation: Provided that if the function is assumed the Society shall employ sufficient staff to fulfil the required functions so as to ensure that the Society and its staff are in no way compromised from fulfilling as an absolute priority the aims, objects and policies of the Society. |
| 4 | A Society shall give notice to the Council of its Annual General Meeting by circulating to the Council the usual notice of meeting as and when circulated to members. |
| 5. | Societies are to have their current membership lists available at an AGM or Special General Meeting for perusal and confirmation that only paid-up members are voting. Furthermore the attendance register for the AGM should be forwarded along with the other year-end requirements, noting the date of payment by each member present at the meeting. |
| 6. | A Society shall retain all of its records in a safe and accessible place. Unless a longer period of retention is required by Statute, such records shall be retained for a minimum period of five years, and every Society shall inform the Council in writing of the place where such records are maintained. |
| 7. | The Chairman of an SPCA management committee may serve for only four consecutive years, after completion of which he may not serve for one full year in that capacity before once again becoming eligible for re-election. If the Society is unable to find a replacement and this places the continued existence of the Society in jeopardy, the Society may apply to the NSPCA Board of Directors for exemption. This exemption would be for one year only and must be re-applied for on an annual basis if the problem persists. |
| 8. | Annual and Special General Meetings of Societies must be held at a public venue, which shall include SPCA premises. |
| 9. | Societies with websites and blogs must provide the Council with their website and blog URL addresses as well as the email contact details of the person responsible for managing the website content in writing which can be per email or fax. Societies must inform the Council within 24 hours of making any changes or updates to websites and provide the Council with the direct URL link to the affected page(s); Council must also be notified within 24 hours of changes to the contact details of the person responsible for managing the website content. |
| 10. | A Society shall adopt fair labour practices incorporating the Grievance and Disciplinary Procedures contained in the Operations Manual published by the Council from time to time. |
| 11. | At the Annual General Meeting the Board shall advise the Council of any actions it has taken with regard to contravention of the Act and Rules by any member Society. |
| 12. | No member, committee member, director, employee or other officer of the NSPCA or any Society may use any information obtained by him/her through his/her association with the NSPCA or Society for any purpose other than for the benefit of the NSPCA or Society; he/she is specifically prohibited from deriving any personal benefit therefrom unless he/she has first obtained the prior written consent of the Board. In the absence of such consent, such member, director, employee or other officer shall be liable to account for any profits or benefits received by him/her to the NSPCA or Society concerned. |
| 13. | All new committee members, as well as those seeking re-election, and new members of staff of SPCAs must not have a criminal record where the conviction in question relates to misconduct in regards to animals and further may not take up employment, be employed or serve on the committee of any SPCA in a position where a criminal record and a conviction relates to the type of work they will be engaged in. |
[Guideline 13 inserted by section 7 of Board Notice 191 of 2012, GG 35883, dated 23 November 2012]
| 14. | In terms of the new Rule regarding disciplinary proceedings against employees, the management committee of a Society is required to hear any appeal noted by an employee against the decision of the disciplinary panel. The following members of the committee must recuse themselves from the committee's deliberations: |
| (a) | Those who may have given evidence or had evidence to give, whether or not the evidence was given |
| (b) | Those who have a special relationship with the employee for any reason |
| (c) | Those who have previously expressed support or criticism of the employee |
Recuse means declaring the reason and leaving the meeting while the appeal is debated and voted upon. Recused members may rejoin the meeting for the announcement of the meeting.
[Guideline 14 inserted by section 6 of Board Notice 140 of 2014, GG 38232, dated 28 November 2014]
