A tale of two parrots: Mpumalanga court resolves African Grey ownership dispute

Legal wrangles concerning pets were no stranger to the courts this year and earlier this month, the fate of an African Grey parrot came under the judicial spotlight.

The Mpumalanga High Court had to grapple with the question of whether the feathery subject before it was indeed Zazu, or whether it was Zippy.

Both birds escaped at a stage, one being captured again, while the other is still missing. The owners of both birds claimed the one captured was their beloved pet.

The contentious dispute involved Mfanawokulunga Orbet Ntuli and Crystle Pachos, both of whom vehemently claimed ownership of the captured bird. The case involved a series of legal proceedings, beginning at the small claims court, followed by a hearing in the magistrate's court and subsequently moving to the high court for an appeal.

Both parties reported the disappearance of their respective birds. Pachos’s Zazu went missing in February 2020. She launched a social media campaign to locate Zazu and in May 2021 when she was reunited with the bird, she celebrated the news on Facebook. Ntuli, a lawyer, meanwhile announced that his own bird Zippy had gone missing. Ntuli claimed the bird which was found, was not Zazu, but rather Zippy.

The matter landed before the Small Claims Court, which dismissed the case on the grounds that it was too complex for its jurisdiction. A behavioural assessment to ascertain its rightful owner proved the bird more partial to Pachos, but this was said not to be enough.

A magistrate subsequently and for legal reasons ruled in favour of Ntuli, ordering Pachos to surrender Zazu. Pachos appealed the matter and Deputy Judge President Judge Takalani Ratshibvumo, also for a variety of legal reasons, ordered in Pachos’s favour.

Another four-legged plight that reached the court this year was that of Triesie, the Yorkshire Terrier. Her owner claimed damages from a veterinary clinic in Pretoria, alleging that she suffered burns due to an overly hot warm water bottle. This was after Triesie underwent a cruciate ligament repair but was said to be badly burned on her other leg by the bottle.

Riaan Nortje turned to the Gauteng High Court, Pretoria, where he demanded damages from the veterinary clinic. He sued the clinic for R400,000 for emotional distress. Deputy Judge President Aubrey Ledwaba granted the claim for emotional shock but ordered the veterinary clinic to pay the proven damages, which were to be determined later.