Just for illustration. (Photo: Provided)
The South African Boerboelterlersvereniging (SABBS) approached the High Court in Bloemfontein to have the controversial practice of removing the tails of this well-known South African dog breed declared legal.
The application was submitted last month by Ziyaad Issa, vice-chairman of the SABBS. With the application, the court is asked to declare that the removal of boerboel’s tails is not unlawful – provided that it is done according to a uniform standard.
The application is brought against the National Animal Protection Association (NDPA), the ministers of justice and agriculture, as well as the South African Veterinary Council (SAVR).
With the application, the court is asked to declare that the removal of boerboel’s tails is not unlawful – provided that it is done according to a uniform standard. (Photo: Pixabay)
The case revolves around how the Animal Protection Act is interpreted. Although the NDPV considers the practice to be “mutilation”, Issa argues on behalf of the association that it does not amount to abuse or torture.
According to Issa, the current ban “infringes on the property rights of owners, as guaranteed by the Constitution”.
He suggests that the procedure be strictly regulated.
The boerboel is formally recognized as a South African land breed under the Animal Improvement Act. (Photo: Cornelia Hitge/Maroela Media)
“This should only be performed by qualified vets under anesthesia when the puppies are very small to ensure that it is done humanely, safely and under strict control.”
Issa emphasized that the boerboel is formally recognized as a South African landrace under the Animal Improvement Act. According to him, the removal of the tail is historically intertwined with the breed’s development and should be regulated within that context, rather than simply prohibited.
“This is not about a cosmetic choice. It includes breed identity, history and practical considerations, especially for large dogs in different environments.
“Boerboels have large, heavy and strong tails that can be easily injured. These injuries are exceptionally serious in large, muscular breeds.”
When asked why tail injuries cannot simply be prevented or treated, Issa replies that prevention is important. He believes that “tail removal has historically developed as a precautionary measure”.
He also rejects the idea that the procedure harms the dog’s quality of life.
“Boerboels can still swim, watch, and live a normal, healthy life. Although we acknowledge the concern about communication, evidence will show that boerboles adapt and still communicate effectively.”
According to Issa, the best protection of the breed’s function, identity and history lies in appropriate South African regulations and standards. (Photo: Provided)
He says expert testimony will be presented in court. “International experience, including in the USA, shows that boerboles with tail removal still function effectively.”
In response to a question about why it should be allowed in South Africa if other countries prohibit it, Issa says that different countries deal with the issue of tail removal in different ways.
“Because South Africa is the country of origin of the Boerboel, the country itself must decide what is suitable for its own land race.”
According to Issa, the best protection of the breed’s function, identity and history lies in appropriate South African regulations and standards.
“Only through strict, local standards and regulated procedures can we make sure that the boerboel’s history and functionality are preserved.”
The legal battle follows increasing pressure from the NDPV on breeders. Issa himself received a warning in 2023 after showing his dogs at a show, while other breeders have already been fined heavily. Last year, a breeder was fined R20 000 or ten months in prison (partially suspended) for this practice.
According to Issa, the current application of the law creates contradictions that put breeders under great pressure.
“There is concern about the uncertainty surrounding the application of the law. This creates pressure that may even encourage unregulated breeding outside of formal structures.
“We believe the case needs legal certainty, especially where procedures are done humanely and professionally.”
If the court were to rule against the association, Issa warns that it could affect the breed’s future international competitiveness. (Photo: Provided)
Despite the legal battle, Issa emphasizes that the SABBS is not blind to the emotional side of the debate.
“We respect all viewpoints and the public’s concerns about animal welfare. Responsible breeding and welfare must go hand in hand. However, this is a complex issue that must be considered in court with facts, history and expert input,” he says.
If the court were to rule against the association, Issa warns that it could affect the breed’s future international competitiveness.
However, he emphasizes that “responsible breeding will continue”.