Protection of Animals Act
- Commenced on 4 October 1944
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Protection of Animals Act.
2. InterpretationIn this Act, unless the context otherwise requires—“animal” means any domestic or captive animal;“domestic animal” means any horse, ass, mule, bull, sheep, pig, goat, dog, cat, or fowl, or any other animal of whatsoever kind or species, and whether a quadruped or not, which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man;“captive animal” means any animal (not being a domestic animal) of whatsoever kind of species, and whether a quadruped or not, including any bird, fish, or reptile, which is in captivity, or confinement, or which is maimed, pinioned, or subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from captivity or confinement;“inspector” means a person appointed as such for the purposes of this Act by the Minister; and“veterinary officer” means an officer in the service of the Veterinary Department of the Government.
3. Offences of cruelty
4. Court may order destruction of animalWhere the owner of an animal is convicted of an offence of cruelty within the meaning of this Act, it shall be lawful for the court to direct that the animal be destroyed, and to assign the animal to any suitable person for that purpose; and the person to whom such animal is so assigned shall as soon as possible, destroy such animal or cause or procure such animal to be destroyed, in his presence without unnecessary suffering. Any reasonable expenses incurred in destroying the animal may be ordered by the court to be paid by the owner, and thereupon shall be recoverable summarily as a civil debt.
5. Court may deprive person convicted of cruelty of ownership of animalIf the owner of any animal shall be guilty of cruelty within the meaning of this Act to the animal, the court, upon his conviction thereof, may, if it thinks fit, in addition to any other punishment deprive such person of the ownership of the animal and may make such order as to the disposal of the animal as it thinks fit in the circumstances:Provided that no order shall be made under this section unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty.
6. Compensation for damage done by cruelty to an animalIf any person shall by cruelty, within the meaning of this Act to any animal, do or cause to be done, any damage or injury to the animal or any person or property, he shall upon conviction for the cruelty under this Act, be liable upon the application of the person aggrieved to be ordered to pay as compensation to such person, such sum not exceeding £10, as the court before which he is convicted may consider reasonable; the sum so ordered to be paid shall be recoverable as if it were a fine:Provided that this section shall not—
7. Injured animals
8. Search warrants
9. Powers of police officers
10. Employers and owners to produce drivers or animals if so required
12. Payments out of fineWhere in any proceedings under this Act any fine is imposed the court may award any sum or sums not exceeding half the total fine to the person, not being a police officer, who shall complain and prosecute, or to such other person or society as the court shall think fit.
14. Power to make Rules
History of this document
04 October 1944