Makhanda residents go to High Court over worsening stray animal problem

After incidents involving roaming animals in Makhanda, including a bull running amok at a private school, a donkey falling into an open drain, cattle being electrocuted, and cows drinking sewage-infested water, the Makana Business and Residents’ Association is turning to the High Court for help.

Its founding affidavit can be accessed here.

The chairperson of the Makana Business and Residents’ Association (MBRA), Markus Mostert, said the organisation has asked the Eastern Cape High Court in Makhanda to order the municipal manager, Pumelelo Kate, the executive mayor, Yandiswa Vara, and the municipality to enforce the municipal bylaws regulating “the keeping and control of animals within Makhanda … and where necessary the impoundment of stray animals … which are found wandering freely within the municipal area”.

The municipality has admitted that it does not have a functional pound “due to funding issues” and has allocated R350,000 in the 2025/26 financial year for an Environmental Impact Assessment (EIA) to establish one.

“The MBRA and its predecessors have consistently advocated for the ongoing challenges related to stray animals that roam the streets of Makhanda to be addressed, and this legal action underscores its commitment to holding local government accountable,” said Mostert.

“After more than a decade, we have exhausted all other avenues of engagement with the Makana Municipality. Our decision to approach the high court was not taken lightly, but became a necessary step to ensure that the concerns of our members and the wider community are addressed with the urgency and seriousness they deserve.”

In his affidavit before the court, Mostert said that donkeys, cows, goats and dogs roamed freely in Makhanda — posing a serious risk to motorists, cyclists and pedestrians.

The animals caused damage to gardens, fences and municipal infrastructure while creating unsanitary conditions that could affect the health of residents.

He said the municipality’s failure to implement its bylaws caused a danger to the public, obstructed traffic and led to the deterioration of public spaces.

He pointed out that the municipality had 11,578 hectares of land available as commonage for animals to graze in, but it appeared that the land was instead being used rent-free by a group of individuals and was not open to all in the town.

This, he said, was “reportedly happening with the knowledge and consent of the municipality”.

He said the leases for emerging farmers to use the commonage had lapsed in 2019, after which a lease was signed with a “farmers’ association”.

According to papers before the court, Rhodes University has also — since 2005 — tried to help with plans and proposals for the management of livestock in the town. “Unfortunately, this has yielded no progress at all,” said Mostert.

The municipal approach, he said, appeared to be that animals roaming the town were chased back to the “location” by municipal workers. In council minutes, these workers asked for equipment like flags, reflectors and a “headlamp” for their vehicle.

Municipal council reports noted that stray animals were a huge problem at the airfield, where their owners had cut the fence to provide access to grazing. Cattle also grazed on cemeteries and municipal sports facilities.   

When several organisations in Makhanda successfully applied for the council to be dissolved by the high court in 2019, the stray animal problem was one of the issues raised. The case was taken on appeal and later settled out of court.

Read more: Residents hail high court order dissolving Makana Municipal Council

Worsening situation

Mostert pointed out that in 2019, there were about 100 cattle in town at any given time. With there still being no effective system for the removal and impoundment of cattle, the situation had now worsened significantly. He said there were around 300 cattle in Makhanda, with a marked increase in the number of goats and dogs.

None of these animals was tagged, as required by the bylaws.

On 14 January, the municipality said it was engaging with the community about the problem and that there was an action plan that involved the appointment of workers to deal with the issue.

MBRA’s attorney, Brin Brody, responded in a letter stating that residents were running out of patience. “It is noted that meetings have not resulted in any concrete difference,” he pointed out.

The municipality claimed that six employees had been tasked with controlling stray animals, but failed to provide the MBRA with their cellphone numbers when asked to do so. The municipality said it had established a 24/7 hotline to report stray animals, as well as patrols in the CBD to deal with the issue.

In March, Graeme College, a public school, filed a complaint with the municipality. According to documents before the court, the principal, Kevin Watson, wrote: “On 21 May, staff and learners attempted to remove cattle that had wandered onto the school grounds. A major male bovine became aggressive and turned on the group and charged both staff and learners. Fortunately, no one was injured. However, the incident could have resulted in serious harm.”

After this, the MBRA again pointed out to the municipality that the correct measures were either not being implemented or were inefficient. The municipality responded that it would buy land for a pound.

Attorneys for the MBRA wrote to the municipality that the association’s land at the Jameson Dam would be ideal, as it was close to the town and the SPCA, had water and housing, and could accommodate 200 cattle, 100 goats and 100 donkeys.

At the time, there was an outbreak of foot-and-mouth disease in the Eastern Cape, and attorneys for the MBRA stressed the risks for neighbouring farms and emerging farmers. They pointed out that livestock were seen drinking sewage-contaminated water in Makhanda.

In June, papers before the court continued, on the day of a meeting between the MBRA, its attorneys and municipal officials, animals were roaming outside the law firm where the meeting was held and outside the Albany Club.

“The situation had deteriorated to the point of crisis,” said Mostert. After this, he said, the situation improved for about a month, but then worsened.

In July, the municipality said it wanted to review its “antiquated bylaws” — which were passed in 2007 — and that it had asked Port Alfred’s Ndlambe Municipality, 56km away, to assist them by making one of their pounds available.

Mostert said that on 3 August the SPCA had to euthanise a donkey that fell into an open drain. On another occasion, cattle grazing on the side of Whites Road were electrocuted and died. After that, the MBRA decided to turn to the high court for help.

The papers were filed at the high court on Tuesday. The municipality has until 23 October to indicate if it will oppose the application. The case has been scheduled for hearing on 28 October. DM