Animal Welfare & Legal Requirements in South Africa
Movement Permits
South Africa is divided into nine Provinces - each with its own Nature Conservation Department. The owner of exotic animals (other than domestic pets and livestock) moving from one province to another for filming purposes must have an import / re-export permit issued by the Provincial Authority in whose jurisdiction they are going to film and a similar export / re-import permit to enable them to return home after the shoot.
In certain circumstances (depending on the destination and the animal involved) it may be necessary to have a permit from the State Veterinarian to move an animal.
If the export / import crosses international borders then the animals will need Veterinary permits as well as CITES import/export permits (Convention for International Trade in Endangered Species). We are able to move most of our animals at very short notice and have handled a variety of international imports and exports.
Animal Welfare
The two main laws that protect animal welfare and the use of animals in film in South Africa are :
ANIMALS PROTECTION ACT (NO. 71 OF 1962) - An Act to consolidate and amend the laws relating to the prevention of cruelty to animals.
PERFORMING ANIMALS PROTECTION ACT NO 24 OF 1935 An Act to regulate the exhibition and training of performing animals and the use of dogs for safeguarding.
The 'PAPA' states :
"No person shall exhibit or train or cause or permit to be exhibited or trained for exhibition any animal of which he is the owner or has the lawful custody or use any dog for safeguarding unless such person is the holder of a licence". That means an animal trainer, with a valid license for the appropriate quantity and species of animal, must be employed on the movie set whenever animals work on films in South Africa.
Both Acts can be downloaded at the Animal Anti Cruelty League website at
www.satis.co.za
Monitoring by NGOs :
Contrary to the false impression created by some local animal rights groups, there is no legal requirement to involve any 'animal welfare NGO' in the making of a film or commercial. Nor is there any obligation on the part of the Production Company to get script approval, storyboard approval or notify any animal NGO of a planned shoot.
During the early 1990s we initiated the monitoring process by inviting the Animal Anti-Cruelty League
www.satis.co.za/aacl/ to monitor shoots involving our animals and have built up a good working relationship with this hard-working welfare organization.
The presence of an independent welfare monitor does serve a useful animal welfare role in that it helps to prevent inadvertent cruelty or possible exploitation of animals and trainers by Production Companies 'under pressure'. The animal welfare monitor is invited to the shoot so that they can attest to the fact that 'no animal was harmed in the making of the feature/commercial'. This is not a legal requirement but a sensible, voluntary self-regulatory measure that protects animals and safeguards trainers and the production from unfounded allegations of animal mistreatment.
In the USA monitoring is by the American Humane Association (www.ahafilm.org ) and sponsored by the US Film Industry. In Europe, Australia and New Zealand the welfare monitor is usually a qualified Vet as those countries feel that a Vet is better equipped to make an informed judgement on animal health plus the added advantage of always having immediate veterinary attention available on set if required.
National Council of SPCAs
Unfortunately, we have difficulty trying to work with the National
Council of SPCA (NSPCA). Their "Statement of Policy" (http://www.nspca.co.za/Statement-of-Policy.htm)
says that the NSPCA
"opposes the portrayal of any action depicting irresponsible behaviour
towards animals, condoning irreverence or disrespect towards animals
as perceived by the viewer.
The Council opposes the non-documentary depiction of any violation of
the Animals Protection Act or any issue contrary to the "Statement of
Policy."
As this is the POLICY of the NSPCA, it immediately puts most filmmakers at
odds with the NSPCA's core philosophy and makes it difficult to ask NSPCA
to monitor a film about any subject that falls outside their very narrow
viewof what is "acceptable" rather than what is legal.
As a matter of policy they oppose any simulated fight, simulated attack,
or any simulated (but,in their view, 'unacceptable') behaviour towards
an animal -irrespective of how it fits into a story. Under this policy
document the NSPCA would have opposed the making of "Racing Stripes",
"WhiteFang", "Moby Dick", "Jaws", "Out of Africa" and many episodes
of"Lassie".
As animal trainers we have no control over whether theviewer will perceive
a movie as condoning irreverence or disrespecttowards animals. Our primary
concern must be to ensure that no animal is harmed in the making of that
movie.
Industry Guidelines:
In South Africa we are governed by the animal welfare acts and have not developed other guidelines especially for the use of animals in film. There are several excellent guidelines published in the USA and Commonwealth Countries that can, with a little common sense, be adapted to make them appropriate to our local conditions and provide sound advice on the subject.
USA
The American Humane Association guidelines.html "Guidelines for the
Safe Use of animals in Filmed Media". Go to http://www.americanhumane.org/site/PageServer?pagename=pa_film
and click on the disclaimer which will take you to the download page
at www.ahafilm.org/document/guidelines.pdf
UK
The Animal Consultants and Trainers Association (www.acta4animals.com) publish a guide "FILMING WITH ANIMALS - THE MANUAL ". Go to www.acta4animals.com and click on the link to www.acta4animals.com
The BBC also publish two notes on animal use at :
www.bbc.co.uk
www.bbc.co.uk/info/
NEW ZEALAND
The NZ Screen Production Industry publish "Code of Practice for Animal Welfare in the Film Industry " - you can get it at
www.spada.co.nz/resources/codesofpractice/codesofpractice.html
or at
www.spada.co.nz/documents/CodesofPracticeAnimalWelfare03.pdf
AUSTRALIA (NSW)
The New South Wales government publish "Code of practice for the welfare of Film Animals" you can download it at www.dpi.vic.gov.au
or at
www.dpi.vic.gov.au/dpi/nreninf.nsf
There are many other guidelines for the care and use of just about any species you care to name and we have collected most of them - contact us if you need more information, we're always happy to share knowledge if we can.
