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Claws come out in court case over kitten

16 November 2011 By admin


NM CAT4 (20873307)

INLSA

Five-year-old Demi Scott (in the background) and her kitten, Thomas, who is now at the centre of a legal tussle. Picture: Sbonelo Ngcobo

Tania Broughton

SIX MONTHS after cat lover Juliette Botha handed over a rescued kitten to a Westville family, she has gone to the Durban High Court, seeking an order that “Georgie” be returned, saying she should have heeded her “inner voice” and has had a change of heart.

However, in what is turning into an ugly catfight, the Scott family is refusing to give up the kitten – which they have named Thomas – and say she is “wasting the court’s time”.

“The allegations she makes against us are a joke,” says Road Traffic Inspectorate officer Duane Scott.

“Thomas is one of the family and I will not upset my kids over something like this.”

Botha, a professor employed part-time at the University of KwaZulu-Natal and a member of Kitten Action, made the “semi-urgent” application after trying for months to get back the kitten which was rescued on the South Coast in April.

In her affidavit, which came before Judge Rashid Vahed on Friday, Botha said “Georgie” was in a terrible condition when he was given to her and she had bottle-fed him and paid his vet’s bills.

In May, she had met someone who had recommended the Scotts, who “were ardent animal lovers”.

Botha said she drew up an adoption form, with a clause stipulating she was allowed to make a follow-up visit to ascertain if the cat was being properly cared for.

On visiting the Scotts, she was “shocked” because there were no shrubs or trees, and they also had a pet pig.

Georgie was in a room with the children “and he (Duane Scott) did not even thank me for him. His wife said Georgie was feisty and the thought struck me that they perceived him to be a handful”.

“I left with a heavy heart… I wanted him back.”

She called Scott on a few occasions, but he said his children loved the kitten and he had nothing further to say.

“I suggest you stop bothering me,” he said in a final SMS.

An attorney suggested to Botha that she write a reconciliatory note to Scott, in which she would ask for the kitten to be returned.

Her attorney advised her that Scott had broken the “adoption contract” by refusing a visit and she was entitled to get the cat back.

A lawyer’s letter was sent to Scott in June, cancelling the contract and demanding Georgie’s return, but Scott did not respond.

Botha claims in her affidavit that she is concerned for the kitten’s safety and that he might be “maltreated, abused, neglected” or deprived of food.

Scott, who refuses to hire a lawyer or put up papers in court, says the allegations are nonsense.

“I cannot believe what she is accusing us of. We adore our animals; they are no different to our children. Thomas plays all day with our two other cats, one of whom was also rescued about three months ago.

“He has a special bond with our five-year-old daughter, Demi, and jumps on the trampoline with her.

“Yes, we have a pig. We also have a large garden and lots of trees and shrubs,” he said.

The case has been adjourned and Scott says he has no idea what will happen next.

Botha’s attorney, Tashya Giyapersad, told The Mercury that she was sending Scott another letter, confirming the cancellation of the contract and again asking for the kitten to be returned. If this was ignored, the matter would be placed back on the court roll.





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Filed Under: South Africa Tagged With: durban, newspaper, the mercury

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The one with a "My Complex" - incurable but fun. Grumpy, Cynical, Wise and Idiotic. I can also be found HERE.

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