In a deeply emotional and unusually contentious dispute
stretching nearly two years, the High Court concluded that Benji, a
young Labrador, must be returned to the applicant.
South African law currently treats pets as property, not
dependants or “children” whose best interests must be
considered. The Pretoria High Court, as such, had to determine who
legally owned the dog, not who could offer the better home. Shani
van Niekerk from Adams & Adams attorneys, assisted by Advocate
Mari Fabrucious represented the applicant in his quest to regain
ownership of his beloved pet.
The parties divorced earlier this year, but the fate of Benji
remained unresolved. The applicant's legal team argued that
the applicant's father gifted the dog to him, however the
respondent opined that the dog was gifted to her and that she
“re-gifted” the dog to her father and that the
applicant abandoned the dog when he vacated the matrimonial home.
The applicant denied that he ever abandoned his