My thoughts on ritual slaughter in bodies corporate
14 May 2021 | Shirley Baillie
Not being a legally qualified person, just a seasoned, sectional title obsessed person with 38 years’ experience, perhaps I see things in a different light to the attorneys and law makers. Here I am offering some alternative ideas and a new perception.
Ritual slaughter in bodies corporate has been, and still is, a “hot potato”. Are we over-analysing it? Are we all trying to be too politically, correct?
A review of several sets of conduct rules shows that almost identical clauses dealing with ritual slaughter, are put into each and every set of conduct rules. The clauses seem to have been set out 10 years ago, on those written by lawyer Karen Bleijs and published in Paddocks Press Volume 6 Issue 8 August 2011.
The clause that is always included, and does not make sense to me, reads something like “Slaughtering of animals for religious and cultural purposes shall only be permitted within the confines of a section (and not under any circumstances on common property)”.
What about taking into account and considering the actual circumstances and layout of the many varying buildings and grounds which are found making up the different bodies corporate. If trustees and owners applied their minds in terms of Community Schemes Ombud Service Regulation 14(1), more reasonable arrangements could be made, thereby showing respect to all parties.
Nowhere in the legislation does it say that the common property may not be used for ritual slaughter, neither does Annexure A of the Directive, Version 3 dated 22 May 2019 issued by the Community Schemes Ombud Service. So why when a ritual slaughter conduct rule is included, it is said that the event may not take place on common property and it must take place in a section.
Consider:
Making a designated area of the common property, be it the garden or in a parking bay area, in a corner which is not overlooked easily. Some cover could be erected for that day, and placed as far away as possible, from the primary sections.
If no such outdoor common property exists or is available e.g. in a high-rise building, a certain part of the underground carpark could be used for this purpose on that occasion.
Applying the mind, based on the circumstances and the layout of the property, and not expecting one size to fit all.
What would happen if one does not put a rule/s dealing with ritual slaughter into the conduct rules? Each request could be taken on merit.
Balance these considerations against the following practical issues that exist:
Only sections on the ground floor are probably suitable for the ritual, so review the size and layout of the common property for an alternative venue.
Owners who live in a ground floor section and practice ritual slaughter as a matter of course, could plan ahead for this event and make provisions in their section.
Is there a lift in which the particular life stock would have to be taken; will the lift take the weight of the animal and minder/s?
How will the animal deal with any stairs up which it may need to walk? Is this feasible for the animal to walk up should the section be many floors up?
Either way with a stressed animal there is likely to be many droppings and smeared mess along the way. The noise which it is likely to make, will affect more than just the immediate neighbours who are to be advised of what is to take place and when.
What happens if the animal takes fright and escapes?
How is the blood going to be taken or drained away? Down the toilet or will it join the “grey water”. This could regurgitate and land up in someone’s kitchen sink. There are regular blockages in high rise blocks of flats.
Could there be so much blood that it drips down into the flat below?
A large animal could get stuck going through the front door.
Neighbours may not be sympathetic about having a ritual slaughter take place next door and not give permission or get up a petition to ban it.
Developers could think ahead and make provision in the building for this type of ceremony to take place.
I was impressed with the practicality of the arrangements from one managing agent, from whom I had asked for feedback in this regard. They advised that the following had worked well on two occasions. This Body Corporate does not have anything in the conduct rules about ritual slaughter but there was a plan should the body corporate be asked for permission.
Their arrangements:
Used part of the extra parking area, so it was further away from the sections.
Put a limit on the number of people who could attend, and alcohol was banned.
Required the applicant to get permission from all owners.
Ablution facilities had to be set up Eg Port-a-loo.
Strict times were set for the event.
All the standard conditions complied with the municipal by laws, and SPCA requirements.
I engaged with my long-time housekeeper whose home is in the Eastern Cape. Without any prompting, this is what she told me when I asked about how ritual slaughter works where she lives in Gugulethu.
“Mostly people who want to carry out ritual slaughter, travel back to their homes in the rural areas, or they do it at a relative’s home where there is a yard.
Where I live, we have many people living in shacks, and some open spaces but there are not many ceremonies held on the open grounds. If someone from a block of flats wants to carry out a ritual slaughter, maybe they are Cape Town born, they may be able to find a place in the yard, or they go to a relative. It needs to take place in the open because some ceremonies require the making of Umqombothi ”homemade beer” over an open fire, and you cannot do that inside or close to any building.
Let us all open our minds to learning from different sources….
The Community Schemes Ombud Service has recently published a practice directive, which included comments on ritual slaughtering, click here to read the directive. Should you wish to consult with us on the above, contact us on info@tvdmconsultants.com or 061 536 3138.
About the Author: Shirley Baillie of S Baillie and Associates and Publisher of Keyword Access to the Sectional Title Legislation and sectional title trainer is all about bringing practical solutions and knowledge to those living in, or working with, sectional title.