Time running out for more than 50 dogs and cats
More than 50 dogs and cats are doomed to die if the Society for the Prevention of Cruelty to Animals in Komani (formerly Queenstown) cannot rehome them by the end of January.
The society has issued a desperate appeal to the public for donations and the adoption of at least some of the animals.
A recent social media post that has gone viral shone a light on the dire situation for the 30 dogs and 22 cats after the Enoch Mgijima Local municipality informed the animal shelter in a letter on December 19 that its long-standing lease would not be renewed.
According to the letter, the SPCA branch and municipality signed a memorandum of understanding (MOU) for the shelter to occupy Heatherton Farm on January 13 2014.
However, the MOU no longer meets legislative prescripts, according to the notice of expiration of the lease agreement, which, in part, reads:
● You are required to vacate the premises by no later than Wednesday, January 31;
● Should you fail to vacate, your occupation of the premises shall become illegal on February 1 in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act; and
● You are directed to drop the keys off at the office of the municipal manager on or before [midday] on January 31.
The municipality said part of the reason for issuing the directive was its role in meeting the socioeconomic development needs of its citizens.
“But this role is not limited to projects with direct socioeconomic public outcomes but also includes revenue-generating projects where [the] municipality can use its immovable property to benefit from income-yielding assets and ongoing income streams,” it says in the letter.
The Komani SPCA has since asked specialist investigator Mike Bolhuis and his company, Specialised Security
Services, to intervene.
Bolhuis said no animals would be removed from the premises unless the municipality followed the right protocol.
“We first need a [proper] appointment [by the Komani SPCA], and once we have that, intend to write to the municipality,” he said.
“First, it is a short [period] between December 19, when it issued its letter, and [January 31]. Ample time is needed to make the proper [alternative] arrangements.
“We must have a proper plan in place ... and seek assistance from the public with donations [before] giving the municipality a timeline for removal so it can also achieve what it needs.
“But, in the meantime, the innocent are not harmed.”
NSPCA public relations and legal liaison Jacques Peacock said each SPCA animal shelter was autonomous and responsible for its operational affairs.
“The NSPCA does not have legal standing to enter negotiations, agreements or otherwise with the local municipality,”
Peacock said. “Upon being informed of the present situation by the Komani SPCA on December 20, the NSPCA swiftly guided the [entity].
“This included a draft letter to the municipality about the notice of vacation received.
“We were then informed the Komani SPCA had sought legal advice.”
Peacock said the termination of the lease did not mean the Komani SPCA would be deregistered as a society, even if it vacated the property.
“Deregistration and dissolution are done in terms of the Act and the Society’s constitution.
“It is not pursuant to a lease agreement with a local municipality.”
Komani SPCA chair Lelanie Marais said the matter was being dealt with and updates would be provided should there be further developments.
A Komani SPCA worker, who did not want to be named, claimed that the NSPCA had not been helpful.
“Their solution is putting
them [animals] to sleep,” the source said.
In response, Peacock said: “The NSPCA would not call for animals to be euthanised.
“We are unsure where this view comes from.
“As per our statement of policy, the SPCA is opposed to the euthanasia of fit and healthy animals.
“But it is with great reluctance that we accept the reality that euthanasia is necessary, resulting from the current overpopulation of domestic animals.”
Enoch Mgijima municipal spokesperson Lonwabo Kowa confirmed the lease agreement between the parties had lapsed.
“Both parties were always aware of the expiry of the contract,” Kowa said.
“The municipality wrote a letter stating that the contract would be ending in January 2024.
“This is a public facility, and all council processes will be undertaken if any person/organisation wishes to occupy it.
“An [automatic] renewal for the SPCA would be unlawful.”
He said the municipality was not obliged to lease its premises to the SPCA.
However, if an advertisement was published inviting interested parties to apply, the SPCA could do so.