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Constitutional Court Hears NSPCA Defense of NEMBA Welfare Clause

5/28/2026

Summary

Story summary

Constitutional Court heard NSPCA defend National Environmental Management: Biodiversity Act (NEMBA)’s “well-being” provision against SAHGCA’s challenge.
NSPCA says 2022 amendment requires considering an animal’s physical, physiological and mental health.
SAHGCA argues the definition, 30 June 2023, is overly broad and unscientific.
Gauteng’s High Court issued an interdict blocking settlements that exclude NSPCA, while foundation warns that removing provisions would make NEMBA inconsistent with Constitutional Court rulings and raise litigation risk.

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Story summary

Constitutional Court heard NSPCA defend National Environmental Management: Biodiversity Act (NEMBA)’s “well-being” provision against SAHGCA’s challenge.
NSPCA says 2022 amendment requires considering an animal’s physical, physiological and mental health.
SAHGCA argues the definition, 30 June 2023, is overly broad and unscientific.
Gauteng’s High Court issued an interdict blocking settlements that exclude NSPCA, while foundation warns that removing provisions would make NEMBA inconsistent with Constitutional Court rulings and raise litigation risk.