6 May 2022 – MACASSAR – The General intervened on behalf of a Pitbull who was denied its freedom to move freely and further prohibited from expressing normal behaviour. The Pitbull was kept on a short chain, which had already started to recede and embed into his skin. Inspector Siviwe Noko approached the Somerset West Magistrates’ court for recourse to free the Pitbull from his chain and his owner. Noko submitted an application for an order in terms of section 8(1) of the Animals Protection Act 71 of 1962 and Regulation 468 to examine the conditions in which the animal is kept and if necessary, remove the animal to prevent further suffering.
In his application inspector Noko informed the court “The dog is unnecessarily chained within an inadequate space with a chain fitted around his neck which has begun to recede and embed into the skin. The dog is deprived from the freedom of discomfort. It is cruel and inhumane to attach any equipment or to unnecessary chain any animal in such a manner which is likely to cause unnecessary suffering. I am of the reasonable view that this is an offence in terms of Section 2(1)(f) of the Animals Protection Act No 71 of 1962 and that the dog is suffering unnecessarily”
Warnings issued ignored
Three warnings, including a pamphlet with instructions was issued for the attention of the owner, stating that the dog must have a suitable collar fitted, be placed on a running chain and to ensure the dog has access to potable water at all times. All three warnings issued were ignored. The owner made no effort to improve the living conditions of the dog or to comply with the warnings issued.
Confiscation
“In terms of my duties as an officer of the SPCA and our objects, especially to prevent the ill-treatment of animals, I may, where necessary, exercise the powers in terms of Section 8 read with section 5(1) of the Animals Protection Act 71 of 1962 pertaining to the search, seizure and destruction, where necessary of animals. I verily believe that it is necessary for me to make use of the powers provided for by the Animals Protection Act 71 of 1962” Noko added.
The order was granted and the dog was removed and transported to the Cape of Good Hope SPCA facility in Grassy Park for veterinary assessment and safekeeping.
