High Court mandates evaluation of pit bull dogs following alarming attacks in Caledon
A pitbull owner will have to deliver her three dogs to the local municipal pound to have them evaluated following three attacks at her home.
Image: FILE
The owner of two Pit Bull Terriers and a mixed breed dog has been ordered by the Western Cape High Court to deliver her dogs to the local pound for evaluation after the court found the dogs pose a risk to the public.
The evaluation was necessitated following attacks on people who visited the private property from which a salon is run.
Despite the dogs ordinarily being kept secure, in the backyard of their Caledon home, the court found they do, however, from time to time attack members of the public or visitors to Romanda Marais’ property. Marais is a businesswoman and owner of a nail salon run from a wendy house on the property.
On three occasions, the dogs attacked visitors to the property and their injuries necessitated hospitalisation of the victims for an extended period.
Judge Daniel Thulare ordered that Marais deliver the dogs to the Theewaterskloof Municipal Pound by August 26.
If the dog owner fails to do so, the Theewaterskloof Municipality was authorised to impound them as set out in the Impoundment By-Law and to process the dogs in accordance with the law.
Marais’ attorney, Nazeer Parker, confirmed that he would consult with his client by the end of this week for them to decide on how they would proceed.
In response to the judgment, Theewaterskloof Municipality said: “The municipality notes the outcome of the recent court proceedings. Our responsibility remains to act in terms of the applicable by-laws and to prioritise public safety. We will therefore proceed in line with the court’s decision.”
According to the judgment, the municipality sought to have the evaluation performed by a qualified veterinary surgeon and/or the pound keeper or their authorised representatives.
“The evaluators were to be appointed by the (municipality) in its sole discretion and were to assess the health, behaviour, and temperament of the dogs to determine whether they could be safely impounded or whether they were too dangerous to be rehomed or rehabilitated and should therefore be humanely euthanised.
“The evaluation was to be conducted in accordance with a criteria with attention to behaviour, history of aggression, medical examination, likelihood of rehabilitation, risk to public safety, and quality of life. If the veterinary surgeon determined that the dogs posed an unacceptable risk to public safety and had poor prospects for successful rehabilitation, humane destruction may be recommended,” court documents read.
Cape Times