Doggone it.....Theodore 'the giant pooch" must go!

2014-09-21 13:35

Yes, you've read correctly. I said 'Doggone it.....Theodore 'the giant pooch" must go.'

Why? Because the rules say so!

This is a human interest story that I stumbled upon as I was searching the web during a , very rare, free time. I was hoping to do a follow up on the aftermath of the judgment that split South Africans either for or against Judge Masipa.

Then a few days later , today in fact, I read about Theodore published in the Sunday Tribune entitled " Big Battle to keep giant pooch" (Sunday Tribune 21.9.2014)

Its a human interest story about which that I wish to share with you. The cynical amongst you may pooh pooh my interest and comments. Its a risk I must take and invite all comers to have their say, cynics included.

It was a strange , soul wrenching week for justice for a day before Oscar Pistorius learnt of his fate Theodore, learnt of his. The lady with the scales is blind indeed. Perhaps that's why she appears blind folded.

Just in case you're wondering what this is all about, let me tell you. Its about a Saint Bernard dog Theodore and rules of a golfing estate that well, literally restrict the size and weight of dogs that owners are permitted to keep. And Theodore is a huge dog that does not fit the profile. Go to the website www.saflii.org.za and you will find the full judgment. (Abraham and Another v Mount Edgecombe Country Club Estate Management Association Two) handed down on 17 September 2014.

In handing down judgment to the effect that he must go from an golfing estate where he, together with his owner lived since 2002 the message was an incomprehensible as the rules that restricted the, wait for it, size and weight of dogs that had to be fastidiously maintained.

Part of that judgment read that it had nothing to do with the dog but human conduct and compliance with the rules. Really now?

Theodore has literally been evicted. Oh, to be fair, dogs are welcome on the estate. Just that they had to well, literally, fit certain specifications.

Why?

Because the rules governing that estate say so. These rules form part of the contract that every prospective owner has to agree to. The owner of Theodore must have read the rules as she has had made attempts for the relaxation of those rules....

Alas fruitlessly and to no avail.

So, Theodore must go.

Read up about it.There is a human element in this.

Granted the judgment is in legalese but its instructive if you want to make sense of this.

The owners of Theodore didn't sit on their hands all the while. As the judgment records they applied for permission to keep the dog him on the estate. It was refused.

They were forced to apply to court to review and set aside the refusal.

The Court dismissed their application. But rules are rules, any fool can see. So goes the refrain from a song made famous by Kris Kristoffersson.

I pen this not to criticise the judgment or, the judge who has to apply the law without fear or favour. The fact that the owners sought to obtain relief must have been a difficult choice to make. They must love or adore Theodore to invest in lawyers to argue their case.

As a votary of the principle of the rule of law, I make bold to say that rules are necessary to maintain order. But common sense demands that there be some middle of the road principle, for dogs make such good companions and add to that the security element. Oh yes,the cliche about dogs being man's best friend.

Now the owners have three months to evict Theodore or be in contempt of court..........

Lets hope and pray that Theodore get to stay home for Christmas.

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