People have different definitions of cruelty. What’s cruel to one person, the next might just be ignorant as to what constitutes as cruelty.
With regards to what can be constituted as cruelty, the only place we’re going to turn to is the law – not anyone’s personal opinion as to what constitutes as cruelty.
The SPCA advocates the Five Freedoms:
The freedom from thirst and hunger – by providing fresh water and a nutritious meal.
The freedom from discomfort – by providing a proper resting place.
The freedom from pain, injury and disease – by providing rapid and preventative treatment.
The freedom to express normal behaviour – by providing adequate space and an animal of the same kind as company.
The freedom from fear, stress and anxiety – by providing a stress-free environment.
These freedoms are encompassed in the Animals Protection Act 71 of 1962.
Regarding dogs on chains: The only time a dog is allowed on a chain is if they are on a running chain. Tied up anywhere else is not allowed. You might think it’s unfair that a dog has to be on a running chain, but again some owners love their animals but do not have adequate fencing where they have to keep their animals from roaming the streets and prevent the chance of getting run over or even getting attacked by other humans or animals.
If there is possible abuse involved – photos or videos are needed before the people in question can be approached. Otherwise, it is just hearsay. Animals who are not in good condition can also be reported to the SPCA.
Cruelty can be reported anonymously to the SPCA – the SPCA is not allowed to say who complained. Please also note that an exact address has to be given, since it’s a legal document that has to be written on.
With a case of cruelty, a certain process has to be followed – the SPCA can’t just go and fetch dogs in a cruelty situation, the SPCA first has to prove that they have educated the owners, and only once three warnings have been issued, and the SPCA has gotten a warrant (evidence has to be provided that the dog is in a bad condition before the SPCA is allowed to get a warrant) – then the SPCA is allowed to remove an animal.
The ONLY time that the SPCA is allowed to remove an animal is if the animal is at death’s door. The qualified inspectors have to then apply Regulation 468 with a warrant to remove the animal/s and a vet report has to be obtained, whereafter criminal charges could by laid depending on the situation.
If livestock is injured or so diseased that it would be cruel to keep it alive, the inspector would then have to apply section 5 of the Animals Protection Act 71 of 1962. A vet has to be contacted to confirm the severity of injury or disease, or in the case of no vet being available the Inspector can then with the presence of two adult people with sound mind destroy such an animal, with or without the permission of the owner.
Any barking dogs, dogs that get out the yard are considered nuisance. This is where law enforcement can get involved. Dogs biting people is also NOT a case for the SPCA – that needs to be taken up with the police, and a civil case against the owner needs to be opened.
Again, please note – the SPCA can’t just go and fetch dogs. The owner has to give the SPCA permission to take a dog. And – you yourself are NOT allowed to remove the dog without the owner’s permission. The owner will be able to lay a case of theft if they suspect or see that you have taken their dog. And this is not just a case of not getting caught – please don’t do something like this. If you happen to see a dog running in the street, see if you can get it into your yard and then if possible, bring it into the SPCA.
There have also been incidents where there is no cruelty involved, but the person in ‘question’ keeps on getting harassed. Please don’t be the sort of person who harasses others if there is no cruelty involved. You can get charged with harassment if there is no cruelty involved with the animals in question. Please don’t take the law into your own hands – if no cruelty can be proved, there is NOTHING that you can do. You might think that the dog could do with a better home, but if there is food, water and shelter provided, and there is no cruelty involved – then taking the dog will get you into A LOT of trouble – again, the owner can lay a charge of theft at the police station.
Law Enforcement’s number: 082 501 1879
Please always practice responsible pet ownership – and don’t take the law into your own hands.
And last but not least – this was a blog post that was a team effort: thanks to Petro for looking over this blog post to make sure all the information was correct and to check that I had all my ducks in a row.
Blog Post By Your Pet Caring Friend,
Carmen Harris.