Tshabala v Moekoena

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Berry AJ
• Judgment Date: 12 September 2023
• Citation: 2023 JDR 3454 (FB)
• Hearing Date: 20 March 2023
• Docket Number: 5566/2021
• Court: Free State Division, Bloemfontein

Berry AJ:

[1]

Quantum and merits are separated by agreement between the parties.

[2]

The Plaintiff was bitten by two pit bull dogs on the night of 21 August 2021 at around 23:45.

[3]

The Plaintiff travelled on his bicycle to his home from his business.

[4]

The incident occurred in Makhobo Street, Phahameng, Bethlehem.

[5]

It is not disputed that the incident occurred, but the Defendant denies that it was his dogs that bit the Plaintiff, as his property is fenced in, and his dogs cannot escape from the property.

[6]

The Plaintiff testified that he saw two dogs in front of house number 2, Makhobo Street.

[7]

As he passed them, they chased after him and attacked him.

[8]

The one dog is brown and identified in the photo marked Exhibit A. This photo is crucial to the finding in this matter.

[9]

The Plaintiff fell from his bicycle and managed to get hold of the collar of the brown dog depicted in Exhibit A, but he could not fend off the attack and suffered injuries to his lower left leg and calve, right arm, right ear, and right foot.

[10]

The attack was stopped when members of the public intervened and chased the dogs away.

[11]

The Plaintiff was hospitalised for 12 days.

2023 JDR 3454 p3

Berry AJ

[12]

After the Plaintiff’s release from hospital, he approached the community members that assisted him, and they informed him that the SPCA took the dog into its care after the attack.

[13]

The Plaintiff met up with Mr. Motloung, an employee of the SPCA who helped him to identify the owner of the dog.

[14]

Mr Motloung took a photo of the dog he took into the care of the SPCA. The photo was accepted as evidence and marked as Exhibit A.

[15]

The Plaintiff identified the one dog that attacked him from the photo taken by Mr Motloung (Exhibit A). A brown dog with a leather collar with metal studs.

[16]

The photo of the dog shown in Exhibit B was obtained from Facebook by the Plaintiff.

[17]

The Plaintiff testified that the Facebook photo is the second dog that attacked him.

THE EVIDENCE OF MR MOTLOUNG (SPCA)

[18]

Mr Motloung is employed for ten years by the SPCA, and his duties entail interacting with the community to prevent animal cruelty.

[19]

He knows the Defendant as he assisted the Defendant to take the brown dog identified in Exhibit A to the veterinarian on 13 August 2021, eight days prior to the incident.

[20]

He was requested to assist, as the Defendant could not manage the dog by himself.

2023 JDR 3454 p4

Berry AJ

[21]

He had to use a catching pole, as the dog was aggressive.

[22]

The dog shown in Exhibit A was identified by Mr Motloung, as the dog he took to the veterinarian and the dog he rescued on 22...