Talk 12 May 2022
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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