Tag: laws

  • ANIMAL CRUELTY OR LEGITIMATE SOLUTION? THE LAW ON VOCAL CORD REMOVAL TO STOP EXCESSIVE BARKING

    ANIMAL CRUELTY OR LEGITIMATE SOLUTION? THE LAW ON VOCAL CORD REMOVAL TO STOP EXCESSIVE BARKING

     

    Is removing your pet’s vocal cords legal and humane?

    Dr Trudie Prinsloo is a qualified veterinarian and attorney. In 2015, she started Legal Vet Services to provide legal advice to the animal health and veterinary industries in South Africa and now she has teamed up with us to tell us more about the South African laws relating to the removal of dogs’ vocal cords.

    Is Vocal Cord Removal for Excessive Barking Still Acceptable?

    Excessive barking by dogs is a real and often very difficult problem to deal with, which is why I have written about it on more than one occasion in the past. Is vocal cord removal (also called debarking or ventriculi cordectomy) an acceptable method to deal with this problem?

    In my opinion, the answer is a huge “NO!”  However, before I explain my view, I want to acknowledge that vocal cord removal is a procedure that is still accepted and done in many parts of the world, including South Africa.  But there is increasing evidence against the use of this procedure and more and more people agree that it should not be done.

    Dogs bark excessively because there is something that causes them to bark.  It may be separation anxiety, it may be boredom, fear, or someone or something that is upsetting the dog. One of the main reasons people have dogs is for them to act as a warning system to alert us when there is a problem.  Barking is a dog’s main way of communication.  Taking away the dog’s ability to bark, is taking away its main method of communicating.  It does not solve the underlying problem! Imagine taking a child’s voice away because you think the child is too noisy! Or how would you feel if someone permanently silences you because they think you talk too much or too loudly?

    Furthermore, the procedure itself is an invasive surgery that needs to be done under general anaesthesia with several potential complications.  Here are some of the things that can go wrong:

    • Since it requires anaesthesia, it always comes with a risk of complications and potential anaesthetic death. Proponents of vocal cord removal will argue that this is true for all surgeries, which is, of course, correct.  And that is the very reason to avoid unnecessary surgery.  Especially a surgery that does not solve the actual problem.
    • The surgery carries a risk of excessive bleeding, which could also lead to the death of the patient.
    • The surgery is done in an area that cannot be kept completely sterile, and there is a significant risk of post-operative infection.
    • Scar tissue may form post-surgically (laryngeal web) that can cause obstruction of airflow and difficulty breathing. This will require corrective surgery and it can be life-threatening if not corrected.
    • Vocal cord removal and the dog’s inability to communicate can exacerbate the dog’s stress levels. People in favour of this procedure argue that this is not true.  However, there is scientific proof that the cortisol levels of dogs that had undergone a ventriculi cordectomy has increased.
    • In most cases, the noise level is only reduced and not eliminated. Some dogs learn to bark again, often with a very strange-sounding voice.

    Thus overall, the risk-benefit is completely skewed, with the risks far outweighing any potential benefits gained from the surgery.

    But are there any legal implications or can vocal cords be removed without legal consequences? The first place to search for an answer dealing with animal welfare is the Animals Protection Act, No. 71 of 1962. Section 2 of this Act sets out all the potential offences that can be committed concerning animals and which are punishable under the Act.  The very first offence set out in Section 2 is:

    “(1) Any person who

    (a) overloads, overdrives, overrides, ill­treats, neglects, infuriates, tortures, or maims or cruelly beats, kicks, goads or terrifies any animal;” [my emphasis].

    The word that stands out and is relevant to a ventriculi cordectomy is “maims”.  The Oxford Advance Learner’s Dictionary defines maim as: “to wound or injure somebody so that part of the body is permanently damaged or lost.”   This is exactly the effect that a ventriculi cordectomy has on the animal.  I am therefore of the opinion that it is an offence in terms of this Act to perform a ventriculi cordectomy.  However, it has not been applied in this manner to date, and it has not been tested in a court of law.

    The South African Veterinary Council through its “Code of Conduct” provides guidance to veterinarians regarding their professional conduct.  The following is stated about ventriculi cordectomies:

    • It may only be done by a registered veterinarian under general anaesthesia and with proper analgesia.
    • It must be discouraged and may only be done if all reasonable alternatives have been unsuccessful, and the owner is considering euthanizing the dog.
    • Veterinarians must also inform owners that the noise levels may only be reduced and that there may still be some noise generated by the dog.

    The procedure is therefore still done and accepted by some people in South Africa.  However, in my opinion, it should not be done at all, and alternative measures must be pursued until the problem has been resolved.

     

    dotsure.co.za is not responsible or liable for any advice, opinions, or any other information provided herein.

  • CAR REPOSSESSION: UNDERSTANDING YOUR RIGHTS AS A BORROWER

    CAR REPOSSESSION: UNDERSTANDING YOUR RIGHTS AS A BORROWER

     

    Can I tell the bank, “NO! You’re not taking my car”? Keep reading to know.

    Owning a car is a dream come true. From school runs to longer road trips, we cherish every kilometre we get to spend in our cars. Even when we know it’s time to say goodbye to our ‘ride or die’, it’s a difficult one. And if a goodbye is forced upon us, sooner than we’re ready, it can be heart-breaking.

    If you fail to keep up with your vehicle repayments, you’re at risk of losing your car. Car repossession is a stressful process that nobody wants to go through. However, if you find yourself in this situation, it’s essential to understand your rights and to know how to respond to a repossession notice.

    Understanding Your Rights

    • It’s crucial to understand that you have rights during the car repossession process. Repossession agents are not allowed to use force or threaten you in any way. Additionally, they are not allowed to enter your property without your consent or interfere with your possessions.
    • Repossession agents are not allowed to seize any personal items. If they attempt to do so, you should contact the police immediately. You also have the right to ask them to leave if they arrive at your property.
    • You must be provided with a Notice of Repossession. This notice will include details such as the date of repossession, the name of the lender, and any other relevant information. It’s important to read through this notice carefully and take note of any instructions or information it contains.

    Responding to a Repossession Notice

    • If you receive a repossession notice, and wish to dispute it, it’s important to act quickly and respond with a Notice of Objection as soon as possible. You can start by gathering all the documents related to the loan or lease agreement, including the original paperwork and any subsequent payments or communications. This will ensure that you have the best chance of protecting your property.
    • It’s also essential to seek legal advice as soon as possible. A lawyer can help you understand your options, and can represent you during the repossession process.

    Legal Requirements for Car Repossession in South Africa

    • A lender can only repossess a vehicle if the borrower has defaulted on their payments. The National Credit Act No. 34 of 2005 provides guidelines for the repossession process, and lenders must follow these guidelines to the letter.
    • Before a lender can repossess a vehicle, they must provide the borrower with a written notice of their intention to repossess the vehicle. The notice must include the amount that is in arrears, the steps that the borrower can take to remedy the situation, and the deadline by which the arrears must be paid.
    • If the borrower fails to pay the arrears or make alternative arrangements with the lender, the lender can then apply for a court order to repossess the vehicle. The court order must be served on the borrower, and the borrower has the right to dispute the matter in court.

    Navigating car repossession can be overwhelming. While you may not be able to stop the process from moving ahead, it is important to know what steps to follow and to know your rights.

    If you are at risk of having your vehicle repossessed, stay calm, seek legal advice, and follow the process.