Societies for the Prevention of Cruelty to Animals Act, 1993

* Interim interdict – requisites – prima facie right, reasonable apprehension of irreparable harm, balance of convenience and no satisfactory remedy. * Single past contravention v continuing conduct – where only a past act is established, applicant must show objective reasonable apprehension of repetition. * Delay – undue delay in instituting principal action can forfeit right to pendente lite relief. * Evidence – inferences from video footage; onus to allege facts in founding papers. * Procedural – new factual grounds raised on appeal not permissible. * (Dissent) Statutory welfare body’s role and refusal to give undertaking relevant to grant of interdict.

Administrative law; criminal procedure; private prosecutions — statutory conferral of prosecutorial power — interpretation of "institute legal proceedings" in empowering statute — section 6(2)(e) SPCA Act read with section 8 CPA; juristic persons; purposive and contextual interpretation; NPA oversight under section 8.

Pension Funds – section 37C – death benefits – identification of dependants – factual and legal dependency – scope and standard of fund’s investigation – appropriate time for dependency determination – procedural fairness – audi alteram partem – remittal for fresh decision.

Constitutional law — private prosecutions — s 7(1)(a) Criminal Procedure Act — distinction between natural and juristic persons — rationality review under rule of law (s 1(c)) — equality (s 9(1)) — statutory context of s 179 Constitution and NPA Act — reviewability of decisions not to prosecute limited to legality and rationality.

• Statutory bodies – SPCA Act – powers of board under ss 6, 11 and 12 – limits on exercising control over societies. • Company law – directors’ locus standi – derivative actions and s 165 of Companies Act. • Interim relief – interdicts to restore access to premises, documents and electronic systems to enable statutory and fiduciary duties. • Procedural requirement – two 30‑day notices under s 11(2) must fall in the same calendar year; consequences of failing to comply. • Costs – de bonis propriis and attorney-and-client costs require clear evidence of mala fides; not ordered here.