He lay on a green mat soaking up bright red blood, oozing from puncture wounds and strips of torn flesh.
These were some of the gory injuries observed by Cape of Good Hope SPCA inspectors when they responded to a dogfighting complaint in the suburb of Retreat.
But this time it was different.
The vicious fight between two male pit bull-type dogs was initiated by children — five minors aged between 10 and 12 — who were arrested in collaboration with the city’s law enforcement animal control unit. The bust raises deeper questions about the children's emotional and psychological wellbeing and the consequences they face, should they be found to have "criminal capacity".
SPCA spokesperson Belinda Abraham told TimesLIVE Premium there had been previous incidents of children involved in animal cruelty, but minors initiating such a dogfight was a first. An eyewitness filmed the incident last Thursday. The dogs were stolen from nearby suburbs.
We need to respond to these children with understanding and care and hear their cry for help.
— Nicolette Jordan, clinical psychologist
The children face charges in terms of section 2A of the Animals Protection Act 71 of 1962. Dogfighting is illegal in South Africa, and a guilty finding of involvement in it carries a fine of up to R80,000 and/or imprisonment for up to two years.
Cape Town clinical psychologist Nicolette Jordan, who has a special interest in child and adolescent work, said this type of behaviour was extremely concerning because it indicated the children involved were at risk and in need of urgent attention.
"A possible reason for this kind of behaviour is either direct or indirect exposure to violence at home or in the community that is being reenacted due to trauma. It could also be due to peer pressure, which they would be more vulnerable to in the absence of good adult role models and emotional support at school and at home," she said.
"At worst, this kind of behaviour could be symptomatic of a conduct disorder, which would inevitably lead to more serious criminal behaviour later on. All in all, this situation can be seen to be an opportunity for the community to intervene. We need to respond to these children with understanding and care and hear their cry for help."
William Booth, attorney and director of William Booth Criminal Attorneys, said the children’s court had jurisdiction and must determine whether the children have the criminal capacity in terms of the Child Justice Act.
"Children between the ages of 10 and 14 are presumed not to have the criminal capacity, but the state can present evidence to the court to establish that they do in fact have the capacity to be able to distinguish whether they know right from wrong."
Should the court conclude they had criminal capacity, it would deal with the matter and hear evidence when it comes to sentencing. "A probation officer or psychologist specialising in children’s matters will have to present evidence in court to look at an appropriate sentence," said Booth.
"Children cannot be dealt with in the same way as adults, and the court would have to look at an alternative type of sentence that it should impose to deal with the personal circumstances of the children as well as the seriousness of the offence and the feelings of society [the seriousness of the crime]."
The court could consider a form of sentence involving probation or supervision by a social worker or counsellor.
Booth believed the children’s school and parents should be involved in the process if they are found guilty of an offence.
Inspector Mark Syce of the SPCA said the incident "sent shivers down my spine, as it’s deeply unsettling to know that young boys are engaged in such cruel behaviour. The realisation that if they aren’t stopped now, their actions could escalate to even more horrifying deeds in the future is alarming."
Retreat ward councillor Kevin Southgate said the dogfight was unacceptable and applauded the resident who informed the SPCA.
He said there were often young people roaming about the area with dogs as a status symbol, showing they are someone within the community.
Southgate could not comment on whether dogfights were a gateway into gangsterism.
"As the saying goes, a dog is a man’s best friend, therefore one should take care of them, not put them down," he said.
He further added that the approach taken by the community and SPCA was acceptable.
One of the injured dogs is under veterinary observation at the SPCA animal hospital. He seems to be in a bad shape and nobody has come forward to claim him.
The other injured dog had to be euthanised due to the severity of its injuries, shortly after being admitted for treatment by the SPCA.
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