FROM A BREEDERS PERSPECTIVE

[alaskan....@gocco.co.za]

The question that can be asked by puppy buyers, does a breeder have
the right to place any restrictions on them as the legal owner, as by
handing over an amount of money, makes the puppy buyer the legal owner
with full ownership rights.

When looking at the stipulations of the Constitution of South Africa
and the most appropriate once given below, how many of us can actually
learn a lesson from them today. How many Club Constitutions, Club
Rules, Club Code of Ethics, Kennel Contracts (written or verbal) etc.
operate directly against these stipulations and not even to speak
about the Kennel Union Constitution, By-laws, Code of Ethics and Breed
Regulations with all their restrictions.

When looking at the S.A Constitution which governs everything we do,
in how we operate and how we engage with specific reference to some
points of note coming from our Constitution:

· Equality - before the law, equal enjoyment of all rights and
freedoms, no unfair discrimination directly or indirectly against
anyone.

· Human dignity - Everyone has inherent dignity and the right to have
their dignity respected and protected.

· Freedom and security of the person - not to be deprived of freedom
arbitrarily, not to be treated or punished in a cruel, inhuman or
degrading way,

· Privacy - the right to privacy, which includes in person or their
home, their property, their possessions seized or the privacy of their
communications being infringed. *(inclusive of visiting Club
applicants' homes prior to granting membership in spying on conditions
and their dogs)

· Freedom of religion, belief and opinion - the right to freedom of
conscience, religion, thought, belief and opinion.

· Freedom of expression - the right to freedom of expression,
inclusive of the press and other media, to receive or impart
information or ideas, artistic creativity, academic freedom and
freedom of *scientific research. *(inclusive of being able to breed to
correct genetic faults such as HD in your lines)

· Assembly, demonstration, picket and petition - the right, peacefully
and unarmed, to assemble, to demonstrate, to picket and to present
petitions.

· Freedom of Association - Everyone has the right to freedom of
association. *(inclusive of being able to belong to non-registered
KUSA Associations, Societies or Clubs as well as having full rights to
show their dogs at any venue)

· Freedom of movement and residence - Everyone has the right to
freedom of movement. *(inclusive of being able to move around at any
Show Venue throughout South Africa without any restrictions or
reservation of rights)

· Freedom of trade, occupation and profession - the right to choose
their trade, occupation or profession freely.

· Labour relations - the right to fair labour practices in how we
treat our Kennel staff in performing certain duties.

· Environment - the right to an environment that is not harmful to
their health or well-being.

· Property - No one may be deprived of property, for this purpose
property is not limited to land.(inclusive of being able to own a
Pedigree Dog in having full ownership, breeding and export rights)

· Education - taking into account impartiality, achievability and to
redress the results of past racially discriminatory laws, by-laws and
practices and not to discriminate on the basis of race.

· Access to information - Everyone has the right of access to any
information.

· Administrative action - Everyone has the right to administrative
action that is lawful, reasonable and procedurally fair, everyone
whose rights have been adversely affected by administrative action has
the right to be given written reasons. *(inclusive of being able to
obtain a reason in writing why membership has been declined, which is
in anyway is contradicting in having Freedom of Association)

· Accused persons - has a right to a fair hearing, which includes the
right to be informed of the charge with sufficient detail to answer
it, to have adequate time and facilities to prepare a defence, to
choose, and be represented by, a legal practitioner, and to be
informed of this right promptly. *(with reference to people being
summonsed to Kennel Union disciplinary hearings, as the accused,
without be informed accordingly)

The big question is how aligned is Clubs and the Kennel Union with
these constitutional stipulations regarding owners rights, breeders
rights with reference to breed and ownership regulations.

It will be very interesting should someone contest Club and Kennel
Union constitutions, breeding regulations and litter registration
rules through the legal process.

[Roux Gerber]

Johan

Any legal process is usually only to the benifit of the attorneys involved...

I think any contract should be reasonable.

In other words if the contract specifies "no breeding" there must be a reasonable reason for it. For instance when you sell a brother and sister the new owners said they only wanted pets and agreed to have them sterilized and this is put into the contract, I am sure it is reasonable and binding.

 

Gentleman's agreement is the safest way to go.  Most contracts are only as binding as the fees of the attorney who will dispute them.

 

Roux

 

--
RPJG

[Tomarctus SA 1]

The legal advice we obtained; was that under the S.A Constitution a
kennel contract between a Breeder and a Buyer is not even worth the
paper it is printed on.

Unfortunately in both instances; the Club stipulations regarding
neither the breeding limitations nor the Kennel Union Regulations have
been tested for that matter in a court of law.

Just wondering who will be first to lead the way, regarding;

1. Ownership and the constitutional rights that goes with it?

2. Placing of breeding restrictions, as breeding is seen as a "small
business" concept by SARS with the constitutional principals
protecting the freedom of trade, occupation and profession - in being
able to choose their trade, in this instance breeding dogs. For some
it can become an occupation or a profession.

Please I am just highlighting the facts, law is the law.

What I could gather from the internet; their is already legal action
against the Kennel Union for affiliating with FCI without the consent
of some of it's paid members as in not protecting their right of
Freedom of Association but in this instance not to belong to FCI. To
this effect apparently from what I could gather from the posting, the
Kennel union is not even responding to attorney papers.

[Roux Gerber]

Johan

From my little experience in normal business I found that a correct and well founded trade restriction on an employee is quite enforcable.

If one would compare it to breeding restrictions I wonder if any breeding restriction other than medically would be enforcable.  In comparison, no restriction on an employee can last forever.  The same should apply to breeding restrictions?

Roux

 

--
RPJG

[Sue Parsons]

Hi Johan

Has Mulan been re-homed? Reason I'm asking is that I've had emails from
DOGSPC and various others alerting us of Mulan.

Can you let me know so that I can put these peoples minds at ease?

Ta muchly!

speak to you soon.

Sue

[Sue Parsons]

You will find that most breeders who place breeding restrictions on their dogs, are quite happy to lift those restrictions once certain criteria has been met. i.e. hips x-rayed, eyes checked, thyroid, etc., and if those conform to the standards set, then I'm sure the restrictions would be lifted.

-----Original Message-----
From: AMB...@googlegroups.com [mailto:AMB...@googlegroups.com]On Behalf Of Roux Gerber
Sent: 10 July 2007 06:48 PM
To: AMB...@googlegroups.com
Subject: Re: FROM A BREEDERS PERSPECTIVE

[alaskan....@gocco.co.za]

We all know in reality this is not what is happening!

[Sue Parsons]

Well then I suppose it depends on the integrity of each person/breeder.

-----Original Message-----
From: AMB...@googlegroups.com [mailto:AMB...@googlegroups.com]On Behalf

Of alaskan....@gocco.co.za
Sent: 11 July 2007 01:53 PM
To: Chat Forum - (AMBFSA) ALASKAN MALAMUTE BREEDERS FORUM OF SOUTH
AFRICA

Subject: Re: FROM A BREEDERS PERSPECTIVE