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6 Advertising & Newsdesk: (046) 624-4356 Find us on Facebook 12 May 2022 TALK OF THE TOW N

EDITORIAL

OPINION

Stray

animals

can and

do kill

We offer our sincere

condolences to the family

and friends of Khayalethu

Bulo.

No person deserves to die in that

terrible manner. Bulo was attacked and

killed by two dogs in Kenton-on-Sea on

April 30.

Agri Eastern Cape CEO Brent

McNamara was quoted in the Herald

saying the attack was the tragic

culmination of a long-standing problem.

McNamara highlighted the

enforcement of bylaws – specifically

those that deal with indiscriminate dog

breeding and unsecured dogs wandering

around – as a key issue.

He said feral dogs “are a danger not

only to human life, but also to farms

where they cause havoc, especially

where there is small livestock”.

Bulo’s situation highlighted the bigger

problem that Port Alfred has when it

comes to stray animals.

Many families like Bulo’s have lost

loved ones due to stray animals.

Car accidents caused by stray cattle

on the R67 to and from Bathurst speak

vo l u m e s .

Not long ago, the life of a valuable

SAPS member was cut short in an

accident involving stray livestock on that

road.

TotT has previously reported on

accidents caused by stray animals on

both the R67 and R72.

We note Ndlambe Municipality’s

media statement which said: “The Court

order dated November 5 2021, relates to

the Public Nuisance and Keeping of

Animals Bylaw, however, the specific

focus of that order relates to livestock and

the ongoing maintenance of the

Ndlambe pounds and commonages.”

Nothing in that matter relates to dog

breeding and the enforcement of the

bylaw against illegal dog breeding and

dog fighting.

Therefore, in this instance, the

effective control of dog breeding and

control of dogs in the Ndlambe area falls

outside the scope of that court o r d e r.

Not all pet owners are aware of their

responsibilities in terms of the local

by l aw s .

We include relevant excerpts in this

edition for reference.

When it comes to stray livestock, we

note the need for good policies and

practices when it comes to the

management of communal grazing areas,

and the TotT team plans to report on this

going forward.

This week’s editorial was

written by TK MTIKI

HAVE YOUR SAY Letters to PO Box 2871, Port Alfred — or e-mail to h o u ze t j @ ta l kof t h e tow n .co. za

Dog owners, beware!

The Supreme Court of Appeal has

repeatedly shown its support for

victims of vicious dog attacks.

In 2017, a Mr Cloete, who collected

refuse to make a living, was walking

down a street to the shops pulling his

refuse trolley behind him.

For no reason, and without any

warning, he was attacked by three

cross-bred bull terriers owned by a Mr

van Meyeren. They savaged Mr Cloete

so badly that his left arm had to be

amputated.

When Mr Cloete’s claim for

damages was dismissed by a lower

court, he appealed to the Supreme

Court of Appeal (SCA).

All five judges hearing the matter

dismissed the lower court’s ruling and

granted Cloete’s damages.

The judges wrote: “Many people in

South Africa choose to own animals for

companionship and protection. That is

their choice, but responsibilities follow

in its wake . . . (A)nimals can cause

harm to people and property in various

ways. When they do so and the victim

of their actions is innocent of fault for

MACAVITY WAS THERE!

the harm they have caused, the

interests of justice require that as

between the owner and the injured

party it is the owner who should be

held liable for that harm.”

In giving this ruling, the SCA

followed a line of judgments handed

down for nearly 100 years since the

case of O’Callaghan NO v Chaplin in

1927.

The judges held that nothing had

happened “to change their view of the

interests of justice taken in that case”.

Especially with the increase in the

number of pet animals, “especially

dogs, in our towns and cities and the

opportunities for harm that they pose,

that view of where the interests of

justice lie has been strengthened”.

“People are entitled to walk our

streets without having to fear being

attacked by dogs and, where such

attacks occur, they should in most

circumstances be able to look to the

owner of the dog for recompense.”

But what if a dog, or other

domesticated animal such as a horse or

a cat, causes the death of the victim?

Who will claim? His [victim’s]

dependants have the right to claim.

In April 2011 a man was standing

next to his bakkie at the gate of a

smallholding when the owner opened

the gate. The owner’s boerboel rushed

out and jumped against the man’s

bakkie.

When the man tried to shoo the dog

away, it bit his hand and legs several

times. He eventually died of his

wounds in hospital.

At first his wife’s claim for her loss

was unsuccessful but on appeal to the

SCA in June 2019, all three judges who

heard the case agreed to set the lower

court’s ruling aside and ordered that the

owner of the boerboel should pay all

the widow’s proven damages.

These would have included

damages such as loss of her husband’s

future earnings, medical bills, funeral

costs and any other costs that she could

prove had arisen as a result of the

vicious behaviour of the dog.

Glenda Webster

provides legal editing

and writing services

MAKING MISCHIEF: Shimeah Baker performs TS Eliot’s ‘Macavity the Mystery Cat’ in drama, song and dance at

the Royal St Andrew’s Hotel’s one-of-a-kind arts evening, dubbed Port-Pate-Piano-Poetry-Painting-P i ro u e t t e - P e t a l s

on Saturday, May 7. Picture: FAITH QINGA

Thank you

to a caring

community

A big, big thank you to

everyone who so kindly

helped my husband and I

after we were attacked in

our home in Bathurst on 29

April.

It was around 5.30pm

and in the few minutes that

the security gate was

unlocked (I was going to

feed the cat), a knifewielding

person demanding

money forced his way in.

He hit me over the head

and grabbed my cellphone.

It bled a lot and because

he’d taken my phone, we

had no way to call for help.

So we went to the Pig and

Whistle and as soon as we

got there, the staff rushed to

help us.

A big thank you to Pig &

Whistle staff Adele and Mark

Wood, and Gavin Came, the

owner, who so kindly drove

us to the Port Alfred hospital.

There we were met with

more wonderful people.

A big thank you to Dr

Nobuntu Nkubungu and her

team who looked after me so

well.

They were not only

thoroughly professional, but

also kind and caring: they

really went the extra mile.

Back home, the Bathurst

community rallied around

us to make sure we were

okay. We are very grateful.

Ann and Noel Morris

Elated with

Arts event

We are delighted with the

response and support of the

Port Alfred community for

our our evening Arts

Programme held at the Royal

St Andrews Hotel on 7 May.

We had worked hard for

a few months to put together

a programme of variety and

spice.

We enjoyed it and hope

you did too!

Ann Green

Thanks Royal

Port Alfred

Golf Club

The management and staff at

Sunshine Coast Hospice

thank the Royal Port Alfred

Golf Club and all the golfers

and volunteers who raised

much needed funds at the

Hospice stand during the

Madhatter Golf Tournament

held at the club.

Yours sincerely,

Robyn Cock

Fu n d ra i s i n g

Em e rge n cy N u m b e rs

TideGuide courtesy of the South African Navy

Da t e High Lo w Da t e High Lo w

Port Alfred hospital........... (046) 604-4000

Police station..................... (046) 604-2001/2

M ay 12 0100 1324 0719 1926

16 0328 1557 0946 2153 Multi-Security ................... (046) 624-2508

13 0137 1403 0756 2002

17 0408 1638 1025 2234 Chubb Security ................. (046) 624-4810

14 0213 1441 0832 2037

18 0451 1721 1105 2319 Sky Alarms ........................ (046) 624-2806

15 0250 1519 0908 2114

19 0537 1808 1149 ---- NSRI ................................... 082 - 990 - 5971

Electricity .......................... (046) 624-1111 (a / h )

Gardmed ............................ 0 8 2 -759 - 2 13 4

EMS (Emergency

Medical Services) ........... 10 17 7

Holistic EMS ...................... 063-460-0042

Fire Department................ (046) 624-1111

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