The Johannesburg high court has dismissed an urgent application by a Roodepoort man seeking the return of his dog from the SPCA, finding that he had voluntarily surrendered the animal when inspectors removed it for treatment. In a judgment handed down on Thursday, the court ruled that John Michael Letang could not rely on the legal remedy of spoliation to get his dog back because he had consented to the SPCA taking the dog, Bitsy, after it was found by the SPCA in a serious condition earlier this month. Bitsy was discovered on January 2 trapped in a drain on Letang’s property while the owner was away on holiday in Durban.
The court heard that the dog, which suffers from arthritis, was: SPCA cadet inspector Eugene Haricharan contacted Letang by phone to explain the situation. Letang said he was unable to provide the treatment needed and agreed that the SPCA should take the dog. He confirmed this in a WhatsApp message, and Letang’s daughter, who was on the property, signed a form indicating that ownership rights were being relinquished.
Shortly afterwards, Letang sent another message saying the dog was being surrendered for treatment and asking to be told when Bitsy would be ready for collection. When the SPCA did not respond, his attorneys wrote on January 7 demanding the dog’s return. The SPCA refused, saying Bitsy had been surrendered after being rescued from neglect.
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The only question is whether, at the point Mr Haricharan took control of Bitsy, he did so with Letang’s consent. Clearly he did Letang then approached the high court on an urgent basis, arguing that the SPCA had unlawfully taken possession of the dog. Judge Stuart Wilson rejected the claim, holding that the decisive issue was consent at the time the SPCA removed the animal.
Clearly he did,” he said. The judge said any dispute about whether the surrender permanently transferred rights over the dog would have to be dealt with in separate proceedings and could not be determined in the spoliation application before him. He dismissed Letang’s application with costs.
The National Council of SPCAs (NSPCA) communications lead Samanta Stelli said the NSPCA and SPCA movement generally experienced an increase in animal welfare concerns during the festive season. She said this period often coincided with: “While not all matters involve deliberate neglect, SPCAs frequently respond to cases where animals are left without adequate care, food, water, shelter or protection from distress,” Stelli said.
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