ANALYSIS | Call to ban pitbulls as domestic pets in South Africa

We recently woke up to news informing us that a 10 year old has been killed by his family’s two pit bulls in Nelson Mandela Bay. In our country, this is not an unfamiliar case. There have been many incidents where this seemingly "Vicious" dogs have mauled to death people, including children.

In 2020, a man was attacked and seriously injured by three pit bull-type dogs on a public street. He claimed damages of R2,341,000 from the dogs’ owner. In 2021, Mohammed Essack of Howick West was attacked by a neighbour’s pit bull. The dog entered his property and attacked him, resulting in injuries that required hospitalisation.

Following the latest report, The Sizwe Kupelo Foundation has called for the immediate ban of pit bulls as domestic pets in South Africa. Basically, the foundation wants the government to restrict the ownership of this breed of dog. The foundation's online petition to ban the breed, which i have signed, has accumulated over 29 000 signatures so far.

Countries such as Finland, Denmark, the United Kingdom, Portugal, and others have banned and put restrictions on the ownership of the breed or its importation. The foundation’s founder and patron, Sizwe Kupelo, has called on the South African government to follow suit.

Animal welfare organisation, The National Council of SPCAs (NSPCA) has come out in support of the Sizwe Kupelo Foundation. The NSPCA said the petition may appear to be outrageous, especially to pit bull owners, but, upon careful reflection, the petition advocates for the protection of people and responsible pet ownership.

It is very important that you understand that dog attacks resulting in serious injuries are not uncommon in the country as large dog breeds are popular, and many residents own dogs to guard against potential intruders. A dog attack can give rise to a claim on the basis of the ‘actio de pauperie’, against the dog’s owner. With this type of claim, the owner’s liability does not depend on actual negligence or intent to harm.

The legal principle dating back to the Roman Law, known as the ‘actio de pauperie‘ holds that the owner of a domesticated animal is ordinarily held strictly liable for harm caused by that animal. So it is thus clear that our law does not turn a blind eye on the issue of dog attacks resulting in serious injuries.

However, with regard to Bitbulls, what i call a rare and a mysterious breed, the story is different. They are a known aggressive breed, and sometimes, that is why they are purchased as pets. There are cases across the globe that indicate this can be a very dangerous animal, as the pit bull is a known aggressive breed. Their notoriety for biting is a leading cause in pitbull bans for countries that ban pit bulls.

The aggressive animals themselves have also been found subjected to extreme abuse and cruelty in the manner in which they are kept, trained, and even killed. All too often these dogs live compromised lives in cages or on chains which typically leads to an increase in aggression and further increases the risk of attack. This is an issue where both human and animal life have been placed in danger by irresponsible people who lack the skills and knowledge required to handle power-breeds.

Therefore, dog breeds with the potential to be aggressive and cause harm to other animals and people can become a risk to the people in their communities if they are owned by uninformed or irresponsible people. It is clear that education is lacking in terms of how people can responsibly care and coexist with this wonderful and powerful breed.

Until anyone develops an appetite to educate pitbull owners and the public in general on how they can co-exist with this vicious breed, Let's ban it.

The defense by pitbull lovers that it is how you raise the dog does not hold water. So many people, including joggers, have been attacked and killed by pitbulls. We feel unsafe. Our voices matter. Let's ban pitbulls!