By Bianca W. Mahere, Associate

On the 4^th of October of every year, the world commemorates The World Animal Welfare Day- this day is aimed at raising awareness among people about taking action worldwide for the rights of animals as well as animal welfare. I know the majority of you all are not aware of such a day! Be sure to mark your calendar every October and be nice to any animal you meet.

This article is all about animals and the law. To the animal owners and those affected by actions caused by animals, it is possible to bring a civil action against the owner of an animal which has wronged you. The law of delict provides for several actions under different scenarios and I will discuss the three main actions under our law: Actio de pastu, Pauperian Action and Quasi Pauperian action.

1. Actio de pastu

This action is common amongst farmers or those in communal areas. It is an action brought against a defendant when defendant’s animal/s stray onto Plaintiff’s land and cause damage by grazing or trampling on the plants. The plants may be crops, shrubs, etc. Therefore a farmer who has lost part of his crops due to his neighbour’s animals which trespassed in his farm can sue the neighbouring farmer for loss and damage caused. The basis of this action is that animal owners must at all times be on the guard against their animals straying into other people’s land and damaging their crops.

The defences available under this action include the fact that the fault was caused by the injured party that the straying was caused by the deliberate act by a 3^rd party or a vis major or superior force affecting the behaviour of the animals directly.

2. Pauperian Action

This is known as the action de pauperie. It involves an action arising out of harm caused by domestic animals. It is based on the notion that an owner of a domestic animal is strictly liable for the harm that the animal causes to another person. Most animals, if not tamed or groomed well pose a danger in the human environment. This action is based on that consideration. Animals kick, gore, attack, jump, bite, etc. and an animal owner is faced with the risk of having to face the consequences of his animal’s behaviour at some point. For this claim to succeed, the Plaintiff should prove that;

1. The defendant is the owner of the animal or was the owner at the time the injury was caused,
2. The defendant or owner was present at the location at the time when the harm was inflicted,

• The animal must have acted spontaneously and not as a result of external factors like provocation.

The Defendant, on the other hand can raise some defences against the claim. He can prove some factors that will absolve him from the claim for damages. For example, culpable conduct by the Plaintiff that resulted in the harm like provoking a dog. Another defence is that Plaintiff was unlawfully present at the place where the harm occurred (imagine a thief bringing an action de pauperie against a dog owner and at the house he intended to steal from).

3. Quasi Pauperian Action– an action can be brought when a wild animal in captivity causes harm. However, this is quite rare as people obviously keep their distance from the wild fellows. The Plaintiff to this claim should only prove that the Defendant was the owner of the animal at the time harm was inflicted.

In conclusion, it is important as an animal owner to be aware of your duties and responsibilities towards your animal. Animals can cause harm to other community members and also to your pocket!  For other actions involving animals, you may contact your legal practitioner for further advice or in depth explanation on the actions.

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