Estate rules prohibit slaughtering of animals: I think this is unconstitutional

Posted on:
8 Nov 2017
Category:
Personal
Posted by:
PBM_Admin
Occupation:
Region:

Good day ProBonoMatters

I would like some advice on how to handle a matter which I think reflects prejudice against my culture in an enclosed residential estate I live in.

I’m a resident/owner in Brooklands 1 Lifestyle Estate, which is located in Centurion Pretoria.

One week ago, I received an email from the estate managing company, Trafalgar, announcing general estate rules. On perusing this document, I found many problematic stipulations that seem to be unconstitutional in my humble view. But I figured that I could live with most of these problematic rules.

But there is one which makes me really uncomfortable. It is titled Slaughtering of Animals. And it says: β€œThe slaughtering of animals, whether for religious, sacrificial, cultural or other purposes on or about the Estate is expressly prohibited.”

Is this provision constitutional? What are my rights, as a person who needs to slaughter an animal on my property on certain intervals? What can I do?

Which rights body can I approach for this matter: The Human Rights Commission; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities;Β the Community Schemes Ombud Service, the Estate Agency Affairs Board; the Institute of Black Black Property Professionals.

Please help!

info@probonomatters.co.za

8 Responses

    • PBM_Admin

      Admin

      Good day Karien Coetzee.
      Can you please clarify as to where your comment is directed at. Is it to the Brooklands resident or ProBonoMatters?

  1. mkt

    t’s probably unconstitutional ito infringing on the right to Freedom of Religion, belief and opinion as protected in the Bill of Rights. All those agencies mentioned can be approached. The tricky part is with Brooklands being a privately owned estate instead of, say, a RDP kasi. The opportunity might be if this resolution is recent and hasn’t always been the case when the resident bought the property. Or if the estate says you require special permission before you can slaughter your chickens. 2cents.

  2. mkt

    It’s probably unconstitutional ito infringing on the right to Freedom of Religion, belief and opinion as protected in the Bill of Rights. All those agencies mentioned can be approached. The tricky part is with Brooklands being a privately owned estate instead of, say, a RDP kasi. The opportunity might be if this resolution is recent and hasn’t always been the case when the resident bought the property. Or if the estate says you require special permission before you can slaughter your chickens. 2cents.

  3. Brian

    To my mind it comes down to a tussle between your individual rights to freedom to pursue your cultural practices versus the rights of the community (your neighbours) to live in a safe and healthy environment. Community rights always trump individual rights. There may also be by-laws concerning property use. There are certainly national laws and regulations governing the slaughter of animals. Ask any abattoir.

  4. Nathaniel

    Estate rules prohibiting slaughtering. This rule sounds unconstitutionally. I suggest you approach the community scheme ombudsman.You can download their dispute form on line.

  5. PBM_Admin

    Admin

    Ei Macom! Re slaughter ka masepa mo! There is no debate or arguements. Otherwise you end up osa hlaba at all…πŸ˜‚πŸ˜‚πŸ˜‚πŸ˜‚πŸ˜‚

    On a serious note, Estates and the likes, being creatures created by private companies and individuals usually have agreements which they conclude with clients outlawing such activities! On the face of it, these rules do breach the right to practice one’s culture but until there is a Concourt decision which settles the matter, you do what I do. You slaughter and by the time they come, you are done with the job….😎 (We lifted this from a Facebook conversation sparked by this very post)

  6. PBM_Admin

    Admin

    Another lift from FB:

    One User:
    Hang me if you will. A part of me, the materialist in me wants to argue that black middle class households in upmarket residential estates have no business slaughtering animals in suburban settings under the guise of culture. What says you?

    Response from another user:
    What do you say to an assertion that the right in question here is not a material right and therefore not worth a fight. This culture thing is tricky. What is cultural about about slaughter. Cant you send the thing to the slaughter house and still comeback to hold your religious/cultural ceremony.
    Another response:
    Mafa Matlala No. In my culture you first do the killing yourself. Blood must flow into the ground like literally so. Deskinning and further appropriation of the cuts can be outsourced. Remember imbuzi (choice for most ancestral Nton nton’s) can make noise but Imvu is quiet. So the slaughtered can be cut elsewhere

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