The owner of two Pit Bull Terriers and a mixed breed dog has been ordered by the Western Cape High Court to deliver her dogs to the local pound for evaluation after the court found the dogs pose a risk to the public. 

The evaluation was necessitated following attacks on people who visited the private property from which a salon is run. 

Despite the dogs ordinarily being kept secure, in the backyard of their Caledon home, the court found they do, however, from time to time attack members of the public or visitors to Romanda Marais’ property. Marais is a businesswoman and owner of a nail salon run from a wendy house on the property.

On three occasions, the dogs attacked visitors to the property and their injuries necessitated hospitalisation of the victims for an extended period. 

Judge Daniel Thulare ordered that Marais deliver the dogs to Theewaterskloof Municipal Pound situated at the corner of R406 and N2 by August 26.

And if the dog owner fails to do so, the Theewaterskloof Municipality was authorised to impound them as set out in the Impoundment By-Law and to process the dogs in accordance with the law.

Marais’ attorney, Nazeer Parker, confirmed that he would consult with his client by the end of this week for them to decide on a manner in which they would proceed. Their comments in reaction to the judgment will be updated after the consultation takes place. 

In response to the judgment, Theewaterskloof Municipality said: “The municipality notes the outcome of the recent court proceedings. Our responsibility remains to act in terms of the applicable by-laws and to prioritise public safety. We will therefore proceed in line with the court’s decision.”

According to the judgment, the municipality sought to have the evaluation performed by a qualified veterinary surgeon and/or the pound keeper or their authorised representatives. 

“The evaluators were to be appointed by the (municipality) in its sole discretion and were to assess the health, behaviour, and temperament of the dogs to determine whether they could be safely impounded or whether they were too dangerous to be rehomed or rehabilitated and should therefore be humanely euthanised. 

“The evaluation was to be conducted in accordance with a criteria with attention to behaviour, history of aggression, medical examination, likelihood of rehabilitation, risk to public safety, and quality of life. If the veterinary surgeon determined that the dogs posed an unacceptable risk to public safety and had poor prospects for successful rehabilitation, humane destruction may be recommended,” court documents read.

The judgment detailed that Marais, in 2023, was a member of the Caledon Animal Care and a registered inspector of the SPCA. At the time, one of the dog attack victims had previously received six cats from her in October 2023 for foster care until their permanent homes were found in November 2023.

At a pre-arranged time and date, the victim arrived to pick up a cat for weekend foster care.

“As she waited on the porch, (Marais) came to unlock the security gate, with the dogs already barking and seeming excited. Marais instructed the dogs to say hello to the lady… Suddenly, the first white dog jumped on her and began biting her left shoulder.

“As she attempted to descend the stairs to escape, the dogs continued to bite and pull her, preventing her forward movement. Marais yelled ‘my dogs have never hurt anyone before’, as the bite victim fell on the stairs multiple times due to the dogs jumping and pushing her.

“She used her arms to protect her face and neck from their bites. During that struggle, she dropped her car keys and scraped her knees on the ground. She managed to get down a few steps and proceeded towards her car, but the dogs persisted in their attack, biting, pushing, and barking at her. Fearing for her life, she called out to Marais who was behind her, wondering why the dogs were still attacking her and why Marais was not intervening effectively.

“Despite Marais’ attempts to yell at the dogs, they did not obey her commands. The victim’s shoulders, arms, elbows, and right calf and shin were bitten and scratched. Her lower left arm and upper right thigh were bitten and her left side and back were scratched,” the judgment detailed.

In another incident in January 2024, a salon client arrived at the property when she was attacked inside the wendy house, where her nail treatment was to take place.

According to the client, she was asked if she minded that the gate between the main property and backyard (where the dogs were kept) could be opened for Marais’ mother to gain access to the main property.

The client protested out of fear of the dogs, however, Marais is alleged to have opened the gate. During the dog attack, Marais allegedly could not control the dogs as they bit the client. 

In a third attack, a building contractor had attended to some paint work on the property. The contractor was aware of the dogs and the danger they posed, and thus arranged with Marais that the dogs be locked away in the house during the day in order for him and his workforce to work in all outside areas of the house without any threats from the dogs.

However, during the day, when he entered the backyard of the property, he was attacked by the three dogs in unison. He managed to escape to the front garden but was bitten on the left upper leg, both wrists, both forearms, and right calf. 

All the attacks were reported to the law enforcement of the local municipality. 

chevon.booysen@inl.co.za

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