St Bernard’s size forces a high court decision on his future

DURBAN: Theodore, a threeyear-old, 75kg Saint Bernard, will take centre stage in the High Court here today when a protracted legal battle between his owners and the management association of the plush estate where they live will be argued.

Pathmasolahani (Rita) Abraham and her son Edward’s battle with the Mount Edgecombe Country Club Estate management association began in 2012 when the association ordered them to get rid of Theodore, then about a year old, citing estate rules that dogs had to be under 20kg when fully grown.

They launched an urgent court application, seeking an order that they be allowed to keep their pet, claiming it was one of the most “non-aggressive breeds” and that other res- idents had been allowed to keep dogs such as Labradors and German Shepherds.

Estate manager, Basil Schreiber, in an opposing affidavit, said this was not true and that many other residents had been fined and, if they did not adhere to the rules, had been taken to court.

Referring to “evidence” put up by Abraham – photographs of other large dogs on the estate – he agreed that people did sometimes break the rules but he could not comment on the specific examples because he did not know who the pets belonged to.

The matter was set down to be argued in October last year, but was adjourned so that Abraham could submit amotivation for Theodore to be allowed to remain.

Abraham, in her motivation to the association, said Theodore, who was then 22 months old and weighed 75kg, had been properly trained and neutered and his breed and temperament were “conducive to estate living”.

However, the application was turned down. Minutes of the meeting reflect that members of the board believed there were no exceptional circumstances to deviate from the rules, which the Abrahams had signed when they moved on to the estate in 2000.

The board pointed out that there had been two previous attempts to amend the 20kg rule, but there had always been insufficient support from residents, indicating that it “reflects the majority view that larger dogs are undesirable”.

The Abrahams have now set the matter down in court again and it will come before Judge Peter Olsen today.

Judgment is expected to be reserved.