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Media Release: Exportation of Boerboels - Appeal Outcome

Media Release

Exportation of Boerboels
Appeal: Mr Johann Kruger of Makarios Boerboels

The Boerboel is registered as a Landrace breed. Therefore, a Boerboel cannot be exported from South Africa without an export permit issued by the Registrar of Animal Improvement as prescribed in section 17 of the Animal Improvement Act of 1998 (AIA). Regulation 14(2)(b) of the AIA stipulates that any application for an export permit must reach the Registrar at least 30 days prior to the intended date of exportation.

The SABBS Office facilitates the application process to obtain the prescribed export permit on behalf of SABBS‐members. SABBS authorises the export if the dog or genetic material meets the requirements for registration and advises the Registrar accordingly. When an export permit is not issued within the 30‐day period referred to above, the member must contact the SABBS Office to enquire about the status of the application. The procedure to be followed is clearly set out on the SABBS website at Export & Import. All members were once again made aware of this in the Newsletter of 18 February 2020. It remains illegal to export a Boerboel without an export permit, even after the said 30‐day period has expired.

The SABBS Board terminated Mr. Johann Kruger of Makarios Boerboels’ membership of the Society on 8 March 2020, after finding him guilty of an unlawful export at a disciplinary inquiry. He lodged an appeal in accordance with clause 7.2.7 of the Constitution. Dr. Pierre van Rooyen, retired General Manager of SA Stud Book, was appointed to chair the Appeal Committee.

After hearing the appeal, the Committee found that SABBS is bound to the stipulations of its Constitution and Bylaws. The authority to enforce specific provisions of the AIA lies with the State. Mr. Kruger ignored a Board initiative to alleviate the difficult situation in which breeders find themselves in regard to the exportation of black Boerboels, of which he was aware. This disregard is unacceptable as it could bring the Society into disrepute.

Accordingly, the Appeal Committee determined that the termination of Mr. Kruger’s membership was too harsh, and suspended the termination of membership for a period of four years on condition that he is not found guilty of any transgression of any rule of SABBS during this period. His membership is therefore reinstated effective from 8 March 2020. In addition, SABBS will not authorise any application by Makarios Boerboels for exportation of a dog for a period of 24 months from 8 March 2020. Mr. Kruger may not hold any position on the SABBS Board for a period of five years from 8 March 2020.

The Board notes and accepts the Appeal Committee’s determination with thanks to the chairperson.

SABBS will use the Appeal Committee’s determination as guideline in future disciplinary matters.