The City of Cape Town has confirmed that its Law Enforcement unit has received affidavits detailing two incidents involving the same dog on the promenade in Mouille Point.
The pit bull that was involved in attacking other dogs belongs to Sea Point resident, Francoise Lempereur. She said in a statement that she sent to the Atlantic Sun that, “Because he is of a breed associated with dog fighting some people have a negative reaction to him and, like all dogs when there is hysteria or heightened excitement, he gets wound up.”
A number of complaints about the pit bull, which has now been removed from its owner’s care and put into rehabilitation, had been posted on the Atlantic Seaboard Crime Watch Page.
Derek Salter, chairman of the Atlantic Seaboard Crime Watch, said they had received several complaints about the same dog from residents in the area, but said that the matter was now with the City of Cape Town.
Ward councillor Dave Bryant confirmed that the matter was being investigated by City Law Enforcement in terms of compliance with the City’s Animal By-law.
“Investigators are going through numerous affidavits as well as consulting with lawyers for the alleged offender. I have received numerous complaints pertaining to this matter via both social media and via email. These have been forwarded to the relevant Law Enforcement officials who are investigating the matter,” said Mr Bryant.
The City of Cape Town’s Mayco member for safety and security, JP Smith, said: “In the first incident, the Animal Control Unit opened a docket for investigation.
“The dog owner, however, refused to allow the investigating team access to her property. That docket was subsequently submitted to the prosecuting authority for a decision on whether to proceed with the case.
“In terms of the second incident, this matter is currently under investigation.”
Mr Smith added that the first docket was with the prosecuting authority while the second incident was under investigation by the City’s Animal Control Unit.
“Typically, such an investigation would have to establish whether there was a prima facie contravention of the Animal By-law. This includes taking affidavits from complainant/s and witnesses, completing a checklist of the premises where the dog is kept, obtaining photographs and medical records of any injuries sustained, and collecting any other evidence. The authorised officer would compile all of this evidence in a docket to be submitted to the City’s Legal Services Department to enable the dog’s owner to be summoned to the municipal court.
“The docket would also contain the seizure and impoundment notice, admission document if the dog was impounded, and the officer’s affidavit.
“While the City can deal with the by-law offences, the primary issue here is a criminal matter which needs to be reported to the South African Police Service, and the issue of damages which is a civil legal matter. The City’s by-law enforcement may, at the discretion of the magistrate, result in the owner being given a fine or the dog being impounded.”
Mayco member for community services, Anda Ntsodo, added that the City Parks Department had received no related complaints and that most of the grassed areas required owners to keep their dogs on leashes, except at Mouille Point where there is a dog free-running area and a small section at Sea Point which is indicated with signage.
Residents can contact the City’s Law Enforcement Department on 021 596 1999 or via the 107 Public Emergency Contact Centre by dialing 021 480 7700 from a cellphone or the South African Police Service.
