Muizenberg court issues landmark ruling on Boerboel neglect under animal welfare law

A Muizenberg man has received the maximum sentence provided for under South Africa’s animal welfare legislation after being convicted in connection with the neglect of two Boerboels, as renewed attention falls on enforcement following a recent fatal dog attack in Mitchells Plain.

Last week the Muizenberg Magistrates’ Court sentenced 52-year-old Reidwaan Hoosain from Seawinds to a fine of R40,000 or 12 months’ imprisonment, wholly suspended, after his conviction under the Animals Protection Act 71 of 1962.

The Act provides for a fine of up to R40,000 and/or imprisonment for up to 12 months. In this case, the court imposed the maximum sentence permitted by the legislation, although the term of imprisonment was wholly suspended. A conviction under the Act carries a criminal record.

The matter dates back to October 3,  2022, when an SPCA inspector responded to a complaint about two adult Boerboels at a Seawinds property.

According to evidence presented in court, the dogs were severely underweight, with visible skeletal frames, and were infested with fleas and ticks. One of the dogs had developed pressure sores. No water was available at the time of inspection, and no veterinary treatment had been sought.

The dogs were subsequently removed and criminal charges were laid.

Hoosain initially pleaded not guilty. After evidence was presented, he was convicted on charges relating to ill-treatment, failure to provide adequate food and water, and failure to obtain veterinary care.

In a statement, the SPCA said: “The maximum sentence allowable under the Animals Protection Act 71 of 1962 is a fine of up to R40,000 and/or 12 months’ imprisonment — and in this case, the Court imposed exactly that.” The organisation added that a conviction under the Act results in a criminal record.

The ruling comes amid heightened public concern about animal welfare after a fatal dog attack in Beacon Valley, Mitchells Plain, earlier this month. Authorities have not released identifying details, and the circumstances surrounding that incident remain under investigation.

In the days following the tragedy, the Cape of Good Hope SPCA and the City of Cape Town’s Law Enforcement Animal Control Unit conducted a joint door-to-door intervention in the area. During the four-hour operation, 15 dogs and three cats were signed up for sterilisation, 44 animals were dewormed and vaccinated against rabies, and four dogs were voluntarily surrendered by owners.

Separately, the National Council of SPCAs recently secured a conviction in the Pietermaritzburg Magistrate’s Court following a lengthy prosecution involving a breeder found guilty under the same Act. That accused was sentenced to a R3,000 fine or three months’ imprisonment, wholly suspended for five years on condition that he is not convicted of a further offence under the Act during the period of suspension.

Animal welfare organisations have indicated that cruelty prosecutions can involve complex evidentiary processes, including veterinary assessments, warrant applications and expert testimony, particularly where matters are contested over extended periods.

In the Muizenberg matter, the court’s decision to impose the maximum sentence provided for under the Act signals that cruelty offences will be treated seriously within the criminal justice system.

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Cape Argus