Judge barking mad over spirited pet on urgent roll

High-maintenance Chihuahua that scares away wildlife on an Mpumalanga estate has its day in court

ACTING Judge Norman Davis wasn’t impressed that the barking of a Chihuahua managed to make its way onto the urgent roll last week.

“This is a matter concerning a barking dog. It is to be depreciated that a high court is burdened with such a dispute. It is equally deplorable that the parties cannot resolve an issue of this nature,” Judge Davis said.

The Kranskop Owners Committee, which owns a holiday estate in Mpumalanga, turned to the high court in Pretoria to force a resident to get rid of his dog.

This was after other residents complained bitterly about the dog’s barking, which was not only a nuisance, but scared away the antelopes, giraffes and other wildlife roaming the estate.

The rules of Kranskop are clear: no pets.

But Carel de Jager and his mother Margie got special permission from the association to keep the little dog, said to be highly trained and “something equivalent” to a guide dog.

While De Jager, 37, is not blind, he suffers from emotional problems, and his pastor recommended the association make an exception in his case as he desperately needed a companion dog.

He had been involved in a car accident in 2012, which left him house-bound for a long time. A pastoral counsellor said his observation was that De Jager was a lonely man.

“Life did not make any sense to him. He was not in contact with his emotions. In my experience, a companion pet is often the correct treatment,” the pastor told the committee.

“It is a small, trained dog which could not harm anything.

“It will remain in the house at all times and it is similar to a guide dog,” he said.

The committee eventually relented, but made it clear that if there was any trouble, the dog would have to go.

Since 2013, the committee has received various complaints from other residents that the dog barked early in the morning when the kudus and other buck roamed. It also barked when the cleaners arrived.

The residents took pictures to prove the barking dog did not stay in the house all the time and roamed outside. It was also said that De Jager was no longer house-bound and now worked nearby.

The association then revoked its permission for the man to keep the dog, pending the finalisation of the court application. The dog, however, remained on the property.

It emerged that De Jager was so devastated at losing his furry friend, he tried to commit suicide.

It was claimed that the attempt was directly related to the threats that his dog would be taken away.

The court was told that the man stabbed himself in the leg and abdomen and cut his penis off.

His mother refused to get rid of the dog and there was a lengthy legal argument before court whether she had to subscribe to the rules of manage- ment.

It was said that although she paid a monthly levy and enjoyed all the benefits of living there, she never joined the committee as she did not own the unit they were staying in.

The judge said whether they were owners or not, they had neighbours who had to be respected and were entitled to the peaceful use of their property and enjoy the nature. The judge said the mother and son may not encroach on the rights of their neighbours in this regard.

It’s deplorable that parties can’t resolve this issue

He, however, gave the Chihuahua a lifeline and said De Jager could keep his dog if it didn’t roam outside the house. The dog may not be left unattended, and all steps must be taken to ensure it is not a nuisance.

If not, the applicant should return to court, Judge Davis concluded.