Pitbulls are made dangerous via irresponsible breeding , a lack of training , neglect and abuse . Healthy , well-adjusted Pitbulls , whose needs are met will make for wonderful companions of unquestionable devotion . This is why our on-site animal behaviourist works tirelessly with pitbull admissions to our facility to modify unwanted behaviours and this is also why our adoptions team ensures that prospective adopters meet a stringent list of criteria before placing a pitbull or any power breed into a home . With great power comes great responsibility – we know this , we embrace this and we accept this .
Unfortunately , our kennels are at times full of dogs whose owners have failed them in so many ways . These failings bring us much heartache because it does result in the euthanasia of animals who cannot be sufficiently rehabilitated for us to rehome responsibly . These are dogs whose owners have completely ignored genetic propensity and failed to provide an environment in which these dogs can feel happy and fulfilled . Any bloodshed is blood on their hands and it would appear as if our legislation finally supports this .
According to a new ruling from the Supreme Court of Appeals - in the case of Cloete versus Van Meyersen ( 636 / 2019 ), the responsibility of a dog ’ s actions lies solely upon its owner ( 3 ) .
On February 18 , 2017 , Gerald Cloete ( a gardener and refuse collector ) was viciously attacked in a public street by four dogs who had managed to escape from their secured property . The dog ’ s owner , Meyersen claimed that while he was not at home , he had an attempted break-in and an intruder unlocked his gate , which is how the dogs managed to escape .
Cloete who was taken to hospital miraculously survived , but sadly had to have his left arm amputated . As a result , he instituted a civil claim for R2.4m in damages against the owner of the dogs . The matter was heard in the Eastern Cape High Court in Port Elizabeth and the court found in favour of the plaintiff . Judge Murray Lowe ordered Van Meyeren liable for R2.34m in damages to be compensated to Cloete . An application for leave to appeal was heard on February 21 , 2019 . The basis from the defendant , Christiaan van Meyersen , was that this should be extended to include negligence of an intruder , who did not practice control over the locked up dogs but merely left the gate open . He ( the owner of the dogs ) disputed liability because he was not home at the time of the attack .
On Friday , September 11 2020 , five judges dismissed the appeal and found in favour of the plaintiff . This new judgement handed down has significant implications concerning the rights and responsibilities of pet owners in the future in South Africa because under this action a victim can claim damages from a dog owner , without having to prove that the owner was negligent .
While we hope that this serves as a deterrent and motivates dog owners to be more responsible , we know that many more cases like this will come before the courts before the message reaches home .
In the interim , the SPCA together with other animal welfare organisations has made recommendations to The City of Cape Town for changes to existing Animal By-laws in the hopes that these will call irresponsible pet owners to order , avert tragedies and prevent the institution of breed-specific legislation . This document will likely be available for public participation in the second half of 2021 and we ask you to actively be part of this process by commenting on the document and motivating for changes . Please keep an eye out on our social media accounts for updates on this process .
To report cruelty to animals , please call 021 700 4158 / 9 during office hours or 083 326 1604 after hours .
( 1 ) https :// www . tarynblyth . co . za / pitbulls-just-like-any-other-dog
( 2 ) https :// www . psychologytoday . com / za / blog / caninecorner / 200903 / psychologicalcharacteristics-owners-aggressivedog-breeds
( 3 ) https :// pethealthcare . co . za / PetFriendly / Articles / dog-attackvictim-gets-r24m-pay-out
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