The amended Animal Keeping Bylaw has been promulgated, and local welfare organisations have since weighed in with hopes for pet owners to take heed of the legislation.
The amended bylaw replaces the original bylaw of 2010, which is focused on guiding pet ownership and is far more comprehensive, providing a very clear guide to animal owners or caregivers, breeders and the public at large on how to apply the duty-to-care principle to all animals within the City of Cape Town’s jurisdiction.
According to Councillor Mzwakhe Nqavashe, chairperson of the City’s Safety and Security Portfolio Committee, the bylaw is designed to promote and protect animal welfare, but also to protect the general population’s health and safety. He explained bylaws are revisited every five to 10 years to determine whether they are still relevant, and whether any changes or additions are required.
“With a growing animal population, and increased budget allocated by both the City and animal welfare organisations on health and safety programmes dedicated to animals, it was deemed appropriate to update the bylaw. We have also seen an increase in the number of complaints around animal welfare, which is placing immense pressure on the SPCA and other organisations in the animal welfare sector, but also the City’s Law Enforcement Department.
“This amended by-law will go a long way in helping to address these issues and ensuring that the City continues to champion the rights of animals.”
What the process entailed
Providing insight into the process, Nqavashe said efforts were initiated in 2020 and driven by his portfolio committee. The policy was reviewed and updates stemming from national environmental health regulations were taken into account. There was also an identified need to strengthen animal welfare and keeping components in light of the lack of direction from national government. The policy was workshopped internally between Environmental Health and Safety and Security and also externally with animal-rights groups, such as the SPCA and the Cape Animal Welfare Forum (CAWF). The review followed the standard policy development process of the City.
“The policy went out to public participation from 19 April until 19 May last year,” he said. “About 2 400 comments were received, most of which did not make substantive points. Comments that required more consideration and a more detailed response were dealt with accordingly by the relevant line department.
“The public comments did not cause a need for the policy positions, or the policy document to be amended in any major way, as the majority of the comments were concerned with cost of pet registration and the ability of the City to implement the policy rather than the positions themselves.
“The bylaw was only promulgated in December, just before the festive season. Our priority right now is to sensitise the public to the new provisions before they are enforced.”
A call to be accountable
Nqavashe further said that the message to pet owners, breeders or any person working with animals, is to familiarise themselves with the provisions of the amended bylaw and ensure that they abide by it, not simply because they are upstanding, law-abiding citizens, but also in the interest of their pets and their communities.
The SPCA expressed welcoming the changes in the recently gazetted bylaw and they are encouraged especially by that pertaining to the regulations of animal breeding, which calls for all dogs and cats (male and female) over the age of six months to be sterilised, unless the owner obtains a permit from the City to have the animal unsterilised.
“The SPCA has been and remains under significant pressure resulting from the increasing number of stray and unwanted animals coming into our facility daily,” read a statement.
“The conditions of the animals coming into our facility is heart-breaking, some are dying while others are emaciated, injured or suffering from one of the many diseases that result from neglect. For us pet sterilisation translates directly into the prevention of cruelty to animals before it can occur, and remains one of only two proactive tools (including humane education) we have at our disposal in the fight against animal cruelty. Reducing pet populations humanely will reduce the current burden on the animal welfare sector.”
Another change the SPCA welcomes is the prohibition of displaying or exhibiting of animals for show or financial gain, which addresses the sale of animals both off and online.
“The new bylaw will prevent the exploitation of animals for the purpose of financial gain from any different avenues, including putting a stop to those who use animals for the sole purpose of begging. Using animals to beg is not responsible pet ownership – something the SPCA will always advocate for. While many people living on the streets have pets only as their companions, some are exploiting dogs and cats to make more money.”
The picture on our doorstep
Helderberg Animal Rescue Team (Hart) founder Louise Spagnuolo referred to the mandatory sterilisation of animals over the age of six months unless otherwise permitted as a notable section, while highlighting the legislation regarding the basic care of animals which compels owners to ensure all animals have sufficient accommodation, food, water and shelter, and the prohibition of any animal cruelty in the form of dog-fighting, neglect, and torture or violence as a key animal welfare issue being addressed.
“We are hoping that the mandatory sterilisation is enforced in all areas, as sterilisation will reduce the numbers of animals that are unwanted. However, this is a huge problem in the poor communities and there needs to be some sort of funding provided to rescue organisations to provide mass sterilisation programmes. The challenges are the number of animals outweighs the number of vets,” reckoned Spagnuolo.
She further called on Helderbergers to please sterilise their pets to ensure their needs are adequately provided for.
Julia Evans, manager of the Animal Welfare Society (AWS) Helderberg expressed being delighted by the amended bylaw, which should make animal-welfare work easier to enforce.
“Permits are required to breed animals over six months of age. The sale of animals in public places is prohibited and makes confiscation possible without the extended drama that comes with it. Strays can now be sterilised before release should the owner come forward within the legal holding period. The sterilisation factor is the biggest key.”
She said while it is difficult to attend to every complaint, the AWS serves mostly injured and dying animals, so the new bylaw is welcome, and hopes are for better care of four-legged furry friends by the general public.
