A black boerboel guarddog.
The South African government had no right to impose a ban on the sale of the highly sought-after black boerboel, a state appeals board has found.
Questions about whether the black boerboel — a uniquely South African canine export — can be given thoroughbred status is dividing the breeding community.
The emergence of the black boerboel led to accusations of genetic foul play. Although black boerboel breeders vehemently defend the dog’s status as a purebred, brown boerboel breeders believe it is a cross-breed that is being passed off as a thoroughbred.
For two years there has been a moratorium on the advertising and sale of the black boerboel, imposed by the registrar of animals at the department of agriculture, forestry and fisheries, Joel Mamabolo.
But an internal departmental appeal, chaired by advocate Masenyeletsa Simon Phaswane, set aside the moratorium last month, finding that Mamabolo was not empowered by the Animal Improvement Act to dictate which dogs it could include in its breed standard.
The ruling now opens the door for legal action against Mamabolo and the department, because a handful of South African breeders went out of business in the two years it took to overturn the registrar’s decision.
A thoroughbred puppy or fully grown boerboel fetches between R10 000 and R150 000 in countries such as the United States, Britain and parts of Europe.
The moratorium on the sale of black boerboels was put in place after Mamabolo noticed that the South African Boerboel Breeders Society (Sabbs) had recognised the black boerboel in its breed standard in its constitution. Mambolo requested genetic evidence of the legitimacy of the breed.
In the appeals hearing, his department found that breed standards could only be set by the officially recognised breeding organisation: Sabbs.
When the moratorium was effected, the department promised a commission of inquiry to investigate the legitimacy of the black boerboel breeders’ claim that the dog is a thoroughbred. The commission of inquiry has never materialised and the debate remains unresolved. But the question about the limits of the department’s power to intervene was resolved.
“The board found that in terms of the Act, it was the breeders society’s exclusive domain to determine the breed standard,” Phaswane’s hearing found. “The registrar may only disapprove amendments to a society’s constitution if they infringe on provisions of the Act. The board found no evidence that the inclusion of the black coat colour in the boerboel’s breed standard contravenes the law.”
Black boerboel breeder Johan Kruger told the Mail & Guardian this week that legal action may follow. “It’s definitely not ruled out that it will be the logical sequence to follow for those who have lost a tremendous amount … I know for a fact that there’re a number of breeders that have gone out of business.”
Kruger spearheaded the appeal together with 70 other black boerboel breeders.
Mamabolo declined to comment on the possible legal action.
Sabbs did not support the black boerboel breeders, appeal, declining to take sides in the standoff between the breeders. While the moratorium was in place, Sabbs lost dozens of members, treasurer Kenny van der Merwe told the M&G.
The exodus was sparked by the society’s inability to register the black boerboel with SA Stud Book, the only animal-registering authority permitted by the government and the Animal Improvement Act.
“It hurt our standard in South Africa as the Sabbs, because we couldn’t register the black dog and the majority of the overseas breeders went elsewhere to register these dogs. Our hands were cut off in South Africa: overseas they could carry on,” Van der Merwe said.
The appeals board finding has not healed the rift between breeders over whether the black dog is a thoroughbred.
Kruger said those who resented the black boerboel breeders were a minority, “hence the fact that any attempt to vote out the black boerboel has never been close to successful”. Yet, the “fact remains that there are a few that are unhappy with the black boerboel,” he said.
The boerboel’s ancestry can be traced back to the arrival of the Dutch East India Company on Western Cape shores in 1652. Jan van Riebeeck was the commander of the fleet of three ships, one of which had a bullenbijter on board. This dog is said to have mated with a bull mastiff to produce the boerboel.
Kruger said Sabbs members need to heal the rift now that the black boerboel is once again up for sale.
“The focus should be on consolidating our society … It is your free choice whether you want to buy or breed a boerboel with black in its ancestry. Make your choice, but do not deny others the choice to breed them,” he said.
Van der Merwe, a brown boerboel breeder, was relieved by the appeals board outcome. “We are extremely pleased that it’s over and we can carry on. It tore our members apart. There are those that feel very strongly about it and some feel it [the black boerboel] was never part of the boerboel breed standard.”
Despite the sharp divisions between the breeders, Kruger said the black boerboel is in much higher demand among international and local clients, with the high crime rate locally making the black breed even more attractive.
“In every inquiry I get for boerboels, probably eight out of 10 are for black dogs,” he said.
“The black boerboel looks real impressive and as a deterrent in our crime-ridden environment. It’s something that is really sought-after, especially on our farms. You can’t see them at night … sometimes the black just makes it a little scarier.”