When a dog on private property behaves aggressively toward people lawfully on the premises, questions arise about whether the dog can be leashed or even impounded to protect public safety, even within the bounds of private property.
This issue was central to the Cape Town High Court decision in Theewaterskloof Municipality v Marais and Others (Appeal) (A223/24) [2025] ZAWCHC 355 (19 August 2025), where the full court of appeal had to decide whether the municipality could impound the dogs of the respondent in accordance with the applicable municipal by-laws.
In this case, the dogs in question had a history of violent behaviour and attacked three people on three separate occasions. It is important to note that at the time of each attack, the victims of the attacks were lawfully on the property at which the attacks took place. As a defence to the municipality's case, the respondent contended that the incidents took place on private property and that the municipality therefore did not have the authority or empowered by the municipal by-laws to impound the dogs.
After considering the content of the relevant municipal by-laws and applying it to the facts of the matter, the court, on appeal, rejected the respondent’s contentions and held that the dogs were a danger to the general public and created a public nuisance as defined in the by-laws. The first respondent was accordingly ordered to deliver her dogs to the municipal pound, failing which, a municipal official would be authorised to impound the dogs.
This case not only illustrates that property rights are subject to the overarching duty to protect public safety but further highlights the importance for people to be aware of the content of the municipal by-laws applicable to their region. Although the court in this case held the dogs should be impounded, its decision may have been different had the municipal by-laws not made provision for the impoundment of dogs.
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