Cultural Animal Slaughter in Urban Areas

Issue: Can you conduct cultural rituals that involve slaughtering animals in urban residential areas?

Here’s a question from Collien:

“After a decade of serene living, my new neighbour is turning our quiet duplex community into a scene from a horror movie. He always has these traditional events that involve the cruel slaughter of animals. I know it’s his culture, and I don’t mean to be racist, but it’s barbaric. The only pets allowed are domestic pets like dogs and cats, but here he is, coming with goats and sheep and killing them.

We live in duplexes where we can see into each others’ backyards from the upper floors. As such, we are forced to watch this inhumane behaviour happen to these animals that did nothing wrong. As I said, I am not trying to be racist. I respect that these people have their cultures, but this is unacceptable. It’s unhygienic and, most importantly, very cruel to the animals. It is also traumatic for my children when they have to see and hear a goat crying for its life when it is being killed. I have reported this to the body corporate, but nothing has been done.

Is it legal for them to do this in a residential complex? Shouldn’t animal slaughtering be done in specially designated business areas or rural spaces at least?”

From The Legal Desk:

There is nothing like a good old-fashioned culture clash in the backyards of modern-day mixed-demographic suburbia. The end of apartheid brought with it the end of segregated living. Naturally, there were always going to be instances where the intersection of cultures resulted in somewhat antagonistic interactions between neighbours, as is the case here. Thanks for your question Collien. To answer it, let’s take a look at the legals…

Off the bat, I can tell you that The Constitution of the Republic of South Africa, 1996 (the Constitution) protects your neighbour’s right to practice any cultural ceremonies. Firstly, section 9(4) prohibits unfair discrimination, including on cultural grounds. Secondly, section 30 grants everyone the right to participate in a cultural life and language use of their choice, as long as it is in line with the Bill of Rights. Finally, section 31(1)(a) ensures that individuals in cultural, religious, or linguistic communities can enjoy their culture, practice their religion, and use their language in accordance with the Bill of Rights.

There is currently no national legislation that regulates the slaughtering of animals in urban areas for customary purposes. The responsibility for regulating such practices is delegated to municipalities, empowering them to formulate appropriate procedures through their by-laws. By-laws are local laws that municipalities establish to govern specific areas within their jurisdictions. Although these regulations may vary among municipalities, those governing slaughter activities are typically influenced by the Meat Safety Act.¹ This Act makes provisions for the slaughter of animals for religious or personal consumption and provides detailed guidelines for ensuring the humane treatment of such animals.

Your message did not specify where you are based, so I can not tell you exactly which by-laws are relevant to your residential area. However, most municipal guidelines for traditional slaughtering include the following guidelines:

– Proper hygiene must be maintained when handling meat from the slaughtered carcass.
– Animals should not kept for more than 12 hours before slaughter.
– Slaughtering should occur in an area shielded from public view.
– The animal must not experience stress before slaughter and should be treated humanely.

As far as your complex’s body corporate is concerned, any rules they make are subject to all national and local legislation, including by-laws. In other words, a body corporate can not make rules that conflict with legislation. This means the body corporate rules can not prohibit practices that are protected by the Constitution and the corresponding legislation. However, the body corporate’s rules could be framed in such a way as to ensure that residents abide by all relevant by-laws and are reasonably accommodating of the comfort of their fellow residents.

If you feel that the slaughtering of the animals is happening in a manner that is cruel and inhumane, you can contact the National Society for the Prevention of Cruelty to Animals (NSPCA). They can look into it and even refer the matter to the National Prosecuting Authority (NPA) for prosecution. Even if the NPA decides against pursuing that referral, the NSPCA has the statutory power of private prosecution conferred upon it by section 6(2)(e) of the Societies for the Prevention of Cruelty to Animals Act,² read with section 8 of the Criminal Procedure Act.³ The Constitutional Court unanimously confirmed this private prosecution power in National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development.⁴

That’s that from the legal point of view. From a more resolution-focused and neighbourly perspective, try putting yourself in your neighbour’s shoes. As a proud African myself, I can tell you there are a myriad of cultural reasons for slaughtering an animal. It is a practice that some of us find integral to our very existence; a sort of heartbeat that echoes through the corridors of our heritage or a soulful melody that dances in the veins of our traditions. So, try to look at it from that point of view.

I suggest you consider sitting down with your neighbour and working out how to meet each other halfway. For instance, you could ask him to provide you with prior notice of the day and time he intends to slaughter. That way, you could make plans to ensure you and your children are not around. Such cultural events are not regular occurrences, so you would not have to leave your home frequently. Likewise, on the hygiene issue, you could raise your concerns with him and suggest ways you believe can improve that issue. Most neighbours are amenable if your requests are reasonable. Lastly, you could ask to attend one of these cultural events and see it as a chance to learn about another culture.

Written by Theo Tembo