The practice of docking a dog’s tail or clipping a bird’s wings may not always be to the benefit of the pets and may even be cruel.
As humans have evolved, practices that were once regarded as normal may have become unacceptable. This often leads to changes in legislation to help enforce what is morally regarded to be acceptable. A good example of this is tail docking in dogs.
Our main legal guideline concerning animal cruelty is the Animals Protection Act No 71 of 1962[i]. This act provides us with a whole list of actions that are regarded as offences. Animals are also protected by veterinary legislation. Certain procedures on animals are regarded as unethical and veterinarians who perform such procedures are subject to punishment in terms of the Veterinary and Para-Veterinary Professions Act No 19 of 1982[ii] (“the Veterinary Act”).
Tail docking in dogs and clipping the wings of birds are procedures that have been performed for eons. Both alter the animals on which they are performed to some extent. But how acceptable or cruel are these procedures and are there any legal consequences for either of them?
Tail docking in dogs
There are different reasons why dogs’ tails were docked. It varies from the ancient Romans believing that it reduced the risk of dogs contracting rabies, to the dogs of poor people with docked tails not being allowed to hunt. In more modern times it was regarded as “breed standards” in certain dog breeds. Luckily, we have come to realize that this is a cruel and unnecessary practice. Dog tails are not useless extensions of their bodies but have important functions. They assist with balance and are essential communication tools for dogs.
Dog tail docking was allowed and frequently done by veterinarians in South Africa until 2008. The South African Veterinary Council (SAVC) ruled that as of June 2008, tail dockings by veterinarians will no longer be allowed, unless it is done for medical reasons.
One of the breeds whose tails were docked as part of the breed standards was the Giant Schnauzers. I am currently a proud owner of a Giant Schnauzer with a beautiful long tail, and I cannot imagine my gorgeous dog without its beautiful tail.
The SAVC only controls the conduct of veterinarians and not the actions of animal owners. However, if dog owners take matters into their own hands and decide to dock tails themselves, it will be a criminal offence in terms of the Animals Protections Act. Section 2 of this act sets out the various offences that can be committed. Subsection 2(1)(a) makes it an offence to, amongst other things, ill-treat, torture, or maim an animal. Tail docking will fall under this section and is therefore a criminal offence subject to a fine or imprisonment upon a successful conviction.
Wing clipping in birds
Wing clipping in birds is done to prevent them from flying away or flying inside buildings where they can injure themselves. Whether this should be regarded as cruel is not as clear-cut as tail docking in dogs. However, it must be clearly distinguished from wing pinioning, which is the surgical removal of the wing joint furthest from the body to prevent a bird from flying. Wing pinioning is irreversible and is strongly discouraged, also by the SAVC. Wing clipping is temporary and is currently allowed in South Africa.
There are circumstances in which wing clipping is acceptable and can even protect a bird from accidentally harming itself. Here we think of situations in which a bird must learn how to navigate its new environment and protect it from things such as roof fans, clear glass windows, and mirrors. A bird that gets frightened may also fly away and put itself in even bigger danger.
On the other hand (or wing), a bird that cannot fly is more vulnerable to predators or can be injured by humans accidentally stepping on them, or by small children chasing them. There is evidence that wing clipping plays a role in persistent feather plucking in psittacine birds. Alternative methods of teaching and controlling birds are available and should be encouraged and used wherever possible.
A bird owner is ultimately responsible to keep it safe and out of harm's way. The Animal Protection Act also determines that it is an offence to "liberate any bird in such manner as to expose it to immediate attack or danger of attack by animals, wild animals or wild birds”.
As pet owners, we must take proper care of our animals. We have a duty to do more than just what is convenient for us to do. As new information and alternative, better ways of dealing with problems become available, we should embrace them and implement proven methods, especially when it will improve the quality of our pets’ lives.
Dr. Trudie Prinsloo is a qualified veterinarian and attorney. In 2015, she started Legalvet Services to provide legal advice to the animal health and veterinary industries in South Africa – and now she’s teamed up with us to tell us more about the South African laws relating to docking dog tails and clipping bird wings. dotsure.co.za is not responsible or liable for any advice or any other information provided herein.
[i] Animals Protection Act 71 of 1962.
[ii] Veterinary and Para-Veterinary Professions Act 19 of 1982.
