BUT WHO WILL KEEP OUR PETS?

In a deeply emotional and unusually contentious dispute stretching nearly two years, the High Court concluded that Benji, a young Labrador, must be returned to the applicant.

South African law currently treats pets as property, not dependants or “children” whose best interests must be considered. The Pretoria High Court, as such, had to determine who legally owned the dog, not who could offer the better home. Shani van Niekerk from Adams & Adams attorneys, assisted by Advocate Mari Fabrucious represented the applicant in his quest to regain ownership of his beloved pet.

The parties divorced earlier this year, but the fate of Benji remained unresolved. The applicant’s legal team argued that the applicant’s father gifted the dog to him, however the respondent opined that the dog was gifted to her and that she “re-gifted” the dog to her father and that the applicant abandoned the dog when he vacated the matrimonial home. The applicant denied that he ever abandoned his pet and that it was rather the Respondent who refused to allow him to remove his dog.

In a decisive order, the presiding judge ordered that the respondent and her father return Benji immediately, failing which the Sheriff is authorised to remove the dog and deliver him to the applicant. The respondents were further ordered to pay the costs of the application. The respondent has already filed an application for Leave to appeal against the judgment and, as such, the Benji saga will continue.

The judgment highlights the increasing number of pet-related disputes in divorces and reiterates that, under current South African law, pets are treated as property. In an ever-changing world where more couples decide to only care for pets the law as it currently stands may continue to be challenged.