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 has teamed up with us to tell us more about the South African laws relating to pets.
dotsure.co.za is not responsible or liable for any advice or any other information provided herein.
Would you be shocked to discover that you might be breaking the law? As a child (before the days of Google!) I believed that there was a book or a document in which all the laws were written down. Imagine my disappointment when I started studying law and discovered that it could not be further from the truth. The law is contained in numerous different sources such as legislation (acts and by-laws), common law (found mostly in textbooks), and case law. And the law is always evolving, with new legislation and amendments to current legislation published continuously. All of this can make it difficult to always be a law-abiding citizen. In this article we will look at the most important laws relating to pets.
National Legislation
In South Africa we have different Acts that specifically deal with matters relating to animals. The best-known is the Animals Protection Act, No. 71 of 1962. Its main purpose is to deal with matters relating to animal cruelty. Since animal cruelty can come in many forms, this Act sets out the conduct that will be regarded as cruelty to animals. As pet lovers and dotsure.co.za clients, you will instinctively know what animal cruelty is, and it is very unlikely that you will be transgressing this Act. Some of the lesser-known offenses include setting animals free in a manner that will expose them to danger; abandonment of an animal by an owner; keeping animals in dirty or parasitic conditions; and failing to seek veterinary care for an animal when it is required.
A more unfamiliar Act is the Animal Matters Amendment Act, No. 42 of 1993. This is the one that you may unknowingly transgress. The Act stipulates that any person whose negligence causes an animal to injure another person is guilty of an offense. The penalty can be either a fine or imprisonment of up to two years. For example, if you leave your gate open and your dog runs out and causes a person on a motorbike to fall and be injured, you could be guilty of an offense. If, in the above example, your neighbour came to visit you and was the one who left your gate open, your neighbour could be guilty.
Most people think the Animal Diseases Act (No. 35 of 1984) is only relevant to livestock and their owners. However, it applies to all animals and animal owners. This Act deals with animal disease control. It places an onus on animal owners to prevent their animals from becoming infected with diseases and parasites. Owners must prevent the spread of diseases and provide the required treatment for their animals. Certain diseases that have potentially devastating consequences are listed as controlled diseases. The Regulations published in terms of the Act stipulate what actions should be taken for each controlled disease. Rabies is the only controlled disease with control measures specifically applicable to pets. It is required by law that all dogs and cats must be vaccinated against rabies at the age of three months, followed by another vaccination within twelve months. Thereafter they must be vaccinated every three years.
Another Act that has national application is the Sectional Titles Schemes Management Act, No. 8 of 2011. The Prescribed Conduct Rules in the Sectional Titles Schemes Management Regulations apply to all persons residing in sectional title complexes. Anyone who wants to keep a pet in a sectional title complex must first get written consent from the trustees. If the trustees give consent to a person to keep a pet, they may also provide reasonable conditions for that. The trustees may even withdraw the consent if a person fails to adhere to the required conditions.
By-laws
By-laws are legislation made by the local authorities. This means that different municipal areas will have different by-laws. These laws deal with issues such as the management of public areas, noise control, and environmental management. Important aspects regarding the keeping of pets are contained in by-laws, but since we cannot consider each municipal area, I will discuss the general issues and provide some examples.
The by-laws often contain restrictions regarding the number of cats and dogs that may be kept. Provision is often made according to the size of the property and where it is located. The City of Cape Town, for example, allows a family to keep between two to four dogs, depending on the size of the property. Up to six dogs may be kept on an agricultural property. If someone wants to keep more dogs, they have to apply for a permit. The Swartland Municipality, however, only allows two dogs on a property unless prior written permission is obtained. This could create a situation in which someone can break the law without realising it. For example, it would not be unreasonable for a dog owner who lives in Cape Town, where she is allowed to keep four dogs, to assume that she will be allowed to keep her dogs on a similar sized property in another town in the Western Cape. However, if she moves to the Swartland Municipality and does not get prior written permission from them, she will be breaking the law.
By-laws also make provision for nuisances caused by pets such as barking or displaying other disturbing behaviours such as chasing cars. They may also determine that adequate fencing is a requirement for pet owners. Another aspect often regulated by by-laws is the removal of pet faeces, both in public places and on private properties. Some by-laws even require that people who walk their dog carry a sufficient number of plastic bags with them to pick up their dog’s poo!
Other aspects that may also be regulated by by-laws include compulsory sterilisation of dogs and cats; how animals must be controlled in public spaces and on private properties; access to public parks; and the impounding of animals.
Something that might surprise some readers is that the burial of pets on private properties is not allowed at all. Growing up (pre-Google, as I have already mentioned), our pets would be buried in the garden when they died. Not only is this against most of the by-laws now, but it is also in conflict with our national environmental laws.
Common Law
Common law is the oldest part of our law, and it is based on customs and court precedents. One common law principle that is relevant to pet owners is the doctrine of Actio de pauperie. In essence, this means that pet owners are strictly liable for damages caused by their pets, even if the owner was not at fault. There are a few valid defences to this, but in general, if your dog or cat causes harm to another person, whether it is through injury or damage to the other person's property, you will be liable to compensate the person. This means that you should always take the necessary precautions to prevent such incidents.
Best practices for pet owners
While it may be difficult to keep up with all the laws, there are a few basic things you can do to ensure that you stay within the law as far as your pets are concerned.
- Always find out what the applicable by-laws and sectional title rules are before you buy a new property or move to a new residence.
- Make sure you adhere to these by-laws and rules.
- Be aware of the aspects of pet ownership that are regulated by law as discussed here and read new articles and information to stay updated.
- In most instances, your gut feeling will guide you to do the right thing, but if in doubt, ask an attorney or someone with legal knowledge for advice.