But who keeps our pets?

By Shani van Niekerk, Head of Family Law, CPL Department, Adams & Adams

In a deeply emotional dispute that stretched close to two years, the Pretoria High Court ruled that a young Labrador named Benji must be returned to the applicant.

The case highlights a growing issue in South African family law. When relationships end, disputes over pets are becoming more common and increasingly bitter.

How South African law views pets

Under South African law, pets are treated as property. They are not regarded as dependants, nor are they assessed under a “best interests” standard.

This meant the High Court was required to decide who legally owned Benji, rather than who could provide the better home or emotional care.

Adams & Adams, represented by Shani van Niekerk and assisted by Advocate Mari Fabrucious, acted for the applicant in his bid to regain ownership of his dog.

What the court had to decide

Although the parties divorced earlier this year, Benji’s future remained unresolved.

The applicant argued that his father had given him the dog. The respondent disputed this, claiming the dog had been gifted to her, after which she said she re-gifted Benji to her father. She further alleged that the applicant abandoned the dog when he left the matrimonial home.

The applicant denied any abandonment. He maintained that the respondent refused to allow him to take Benji.

The High Court ruling

The court found in favour of the applicant.

The presiding judge ordered that the respondent and her father immediately return Benji. If they failed to do so, the Sheriff was authorised to remove the dog and deliver it to the applicant. The respondents were also ordered to pay the costs of the application.

The matter is not yet over

The respondent has filed an application for leave to appeal. As a result, the legal battle over Benji is ongoing.

Why this case matters

This judgment reflects a wider trend. More couples are choosing to raise pets instead of children, which increases the likelihood of pet-related disputes during separation and divorce.

The case reinforces the current legal position. Until the law changes, South African courts will continue to treat pets as property. As family structures evolve, this approach is likely to face further challenge.