Owner’s bark lands golf estate in dog box

A Saint Bernard named Theodore is at the centre of an emotional and legal battle between a Durban businesswoman and the management association of a Mount Edgecombe golf estate.

Pathmasolahani (Rita) Abraham and her son, Edward, have taken the Mount Edgecombe Country Club Estate Management Association Two to court to compel it to allow their beloved pet to remain at their luxury home on the estate.

They say Theodore is an integral part of their family.

This comes after a ruling by the association that Theodore be removed because he weighs more than 20kg. The estate prohibits “large” dogs and those deemed to be an “aggressive breed”.

The mother and son claim that the actions of the association are “racist”, as several “whites” on the estate keep large and “aggressive” dogs.

Abraham said she considered herself the victim of unconstitutional and unlawful discrimination.

“The management association is utilising its powers to grant applications selectively, and is favouring certain residents over others.

“It is unfortunate that I am required to point out to this court that it would appear that residents who are permitted to retain dogs of a weight greater than 20kg are white, whereas my family is Indian,” said the applicant.

She said she had supporting photographs of large dogs and aggressive breeds owned by white residents on the estate.

The management association has denied the allegations.

In court papers, Basil Kenneth Schreiber, the estate manager, said the estate became a nature conservancy in March 2002 and was registered with the KwaZulu-Natal nature conservation services.

In court papers, Abraham said she acquired Theodore in January 2012 and was distressed when her application to register him, as per estate protocol, was denied.

She claimed the association had overlooked reports by dog behaviourists who had said that Theodore was suited to estate life.

Schreiber countered that the applicants could not guarantee Theodore’s future behaviour.

“If they were to be permitted to keep him, we would be faced with a flood of applications for dogs weighing more than 20kg,” he said.

The matter will be argued in the Durban High Court on October 21. - Sunday Independent