Cape of Good Hope SPCA Inspectorate Team

Dogs confiscated after owner refuses treatment

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3 May 2022 – Mitchells Plain resident, Mr Ashwin Isaacs, found himself in serious trouble on Thursday 28 April 2022 after he ignored several warnings issued by the Cape of Good Hope SPCA.  A total of eight animals, four adult dogs, two cats and three puppies were found on the property.  Two puppies were found dead on arrival, one survived. One of the four adult dogs was found with a broken leg, which was left untreated after it was allegedly involved in a motor vehicle accident recently.

Inspector Rudolph Philander approached the Mitchell’s Plain Magistrates court for an order to confiscate the surviving animals.  In his court application Inspector Philander stated “I am of the view that there is no other option but to confiscate the dogs due to non-compliance. I am also of the opinion that the owner is deliberately denying the injured dog medical treatment as he was given ample time to have the dog medically assessed, and as result the dog is suffering unnecessarily.  The dog has been driven over by a vehicle causing severe injury to the animal. The owner, who has been granted ample time to comply and neglected to provide the animal with the veterinary care it requires. It is cruel and inhumane to treat any animal in such a manner. I am of the reasonable view that this is an offence in terms of Section 2(1)(a) and (e) of the Animals Protection Act No 71 of 1962 and that the dog is suffering unnecessarily”.

“The dogs does not have access to adequate shelter to protect them against all the weather elements. The dogs are deprived from the freedom of discomfort. It is cruel and inhumane to not provide any animal with access to adequate shelter or protection against the weather elements. I am of the reasonable view that this is an offence in terms of Section 2(1)(b) of the Animals Protection Act No 71 of 1962 and that the dogs are suffering unnecessarily” he added.

The Court order was granted and executed the same day.

Owner denies ownership and tries to hide the animals

At the second and third inspection done by Field Officer Farrent Dlula and Inspector Siviwe Noko respectively, all animals were removed from the property for several days.  The Cape of Good Hope SPCA was granted access, but informed that the owner was not home and there are no animals on the property.  On Thursday 26 April, Field Officer Dlula returned to the property to conduct a follow up inspection Upon Dlula’s arrival he observed the dogs back on the property living in the same conditions as previously observed. Dlula also observed the injured dog in the same condition and it was evident that the injured dog had not been assessed by a veterinarian nor received any medical treatment for it’s broken leg. 

Confiscation

The owner had to date made no effort to improve the living conditions of the dogs or to comply with the Notice’s/ Warning issued.  Inspector Rudolph Philander accompanied by trainee Inspector Bryan and Field Officer Dlula, together with Lentegeur South African Police Service (SAPS) confiscated the animals on Thursday 26 April 2022.

Chief Inspector Jaco Pieterse added “The SPCA believes in education before prosecution, however, attempts to educate and assist did not work and we had to resort to getting a court order due to the owner not complying with the warnings issued. If the owner was unable to afford veterinary services, he could have asked the Inspector for assistance. The owner chose to leave the animals to suffer, and will now face criminal charges for animal cruelty”.

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