SPCA issues procedure on cases involving dog bites

The team at the Durban and Coast SPCA often receive calls to get involved when a dog has bitten a human being, however, contrary to popular belief, the organisation is not involved in dog attacks on humans.

According to the Durban and Coast SPCA, they deal with cruelty to animals.

“Attacks on humans by animals are a Metro function. Only if there is a welfare concern for the dog involved, then we may get involved. The SPCA is mandated to act in terms of welfare concerns related to the Animals Protection Act no 71 of 1962, which protects animals against cruelty, the SPCA has no jurisdiction in terms of the municipal by-laws. All concerns regarding aggressive dogs, dogs out of their property, nuisance dogs, excessive barking, ripping open rubbish bags of defecating in public places should all be addressed with your local Metro,” the SPCA said. 

The SPCA only gets involved if the owner of the dog, who has bitten a human being, requests for them to collect the dog for humane euthanasia.

The SPCA responds to and investigates allegations of cruelty or neglect of animals (caused by people) in terms of the Animals Protection Act 71/1962.

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In cases where an animal has caused injury to a person, the injured party would have the following options:

• A charge against the owner of the animal in terms of The Animal Matters Amendment Act 42 of 1993 (to be investigated by SAPS).A charge in terms of the city by-laws, these do vary according to the municipality, which governs that area (to be investigated by Metro Police).
• A civil case, in which the injured party could sue the owner of the animal and claim damages (to be dealt with by private attorney).
• In cases where an animal has caused injury to another animal, the owner of the injured animal would have the following options:
• A charge in terms of the city by-laws.

As stated above, these can differ from municipality to municipality. The by-laws state the regulations in terms of the number of animals a person is allowed on their property- depending on the size of the property, the keeping of aggressive animals, roaming animals, nuisance animals etc.

City by-laws are policed and enforced by Metro Police and the owner of the injured animal would need to report the incident to them for their investigation.

If a charge is laid against the owner of the problem causing animal, the case will be heard in court and a decision can be made by the presiding magistrate with regards to the fate of the dog if the owner is found guilty. Should the magistrate declare that the animal must be euthanized the SPCA may be called upon to assist with collection and euthanasia.

The owner of the injured animal may be able to lay a charge regarding injury to property (to be investigated by SAPS).

A civil case against the owner of the aggressive/problem causing animal.

The Durban and Coast SPCA can be reached on 031 579-6500.