Animal cruelty is a wrongdoing or an offense against an animal. Cruelty is a general intent crime depending on the severity of the crime and other factors. General intent crime only requires a plan to commit the crime even though the offender may not know that the act is criminal. Active and passive cruelty are the most common types of animal cruelty. Active animal cruelty involves intentionally causing harm to an animal, while passive animal cruelty involves acts of omission or neglect such as omitting to feed the animal and provide proper shelter. Passive abuse also includes taking part in activities involving the suffering of animals.
In Zimbabwe the Prevention of Cruelty to Animals Act (PCCA) is the primary legislation that regulates the treatment of domestic animals and wild animals in captivity. The PCAA came into force in1960, six decades ago, with the last amendment in 2001, merely two decades ago. The Act came into effect at a time when animals were not recognized as living beings with the ability to feel pain and suffering. As such, the Act does not formally recognize sentience. Sentience is the ability to feel pain and suffering, yet the Act does not consider the animal’s psychological pain. The language of the PCAA is too broad. The provisions are too vague and ambiguous, and this leads to unsuccessful enforcement of animal cruelty cases in Zimbabwe.
The definition of animal in the PCAA is insufficient. Non-vertebrates are excluded from the definition, yet they are animals. The PCAA uses undefined qualifying words like “cruelly,” “unreasonably,” and “unnecessarily.” The current terms provide some discretion and flexibility in the interpretation of anti-cruelty laws, resulting in offenders being charged only when the act is considered extreme or outrageous. Furthermore, the penalty for contravening the PCAA is very low and not deterrent enough and defendant / accused will not hesitate to reoffend. The maximum penalty for animal cruelty is a fine of ZWL$ 200, which is currently equivalent to USD 1.00. The fine is absolutely a mockery to the justice system.
To achieve meaningful justice for domestic and companion animals, and the wild animals in captivity in Zimbabwe clearly, the PCAA need reforms. Amending the existing Act will certainly cure the uncertainty or inexactness. The modification will target the interpretation part under section 2, offenses section under section 3. The definition of animal must include both vertebrate and non-vertebrates’ animals. The PCAA must declare animals as sentient beings. The penalty provision needs urgent revision. The penalty should be reviewed upwards. Like what Mahatma Gandhi, the Indian lawyer says, “the greatness of a nation and its moral progress can be measured by the way its animals are treated”.
