Custody battle over cat lands in high court

The fur is flying in the Pretoria High Court between the old owner and the new owner of a Sphynx cat called Eros.

Pretoria - “I want my little blue-eyed boy - my little lion - back.”

This was the plea of a Pretoria woman to the city’s high court, who is embroiled in bitter legal proceedings with the new owner of her Sphynx cat called Eros.

Alma van Zyl said in papers before court that Eros, her little prince, was the love of her life and in fact beauty personified.

But the fur is now flying between her and the cat’s new owner.

Eros has been cared for by Bernadette Willers, of Ruimsig in Roodepoort, since the end of 2012.

Willers refused to hand the cat back to Van Zyl arguing that apart from Eros being happy with her and being well-cared for, his mental state was also now much better.

But Van Zyl, who has a tattoo of the cat, said she had always been a devoted mother to Eros until he was removed from her care. She said Willers was refusing to hand the cat back, despite legal demands.

Van Zyl is asking the court to instruct the Sheriff to fetch the cat and hand it back to her. But Willers’ defence is that Eros had suffered mistreatment and abuse at the hands of Van Zyl and that he was malnourished.

She also said she spent more than R100 000 on rehabilitating Eros, including anti-depressants, which she now wanted back.

Van Zyl’s misery started in November 2012 when Eros had a panic attack. Van Zyl, in a panic herself as she was unable to calm the cat, called cat breeders Leon and Elize Swart.

It is claimed that they took the cat and later re-homed him with Willers.

Both parties have called numerous experts, including animal behaviourists, to testify on their behalf as to what was in the best interests of Eros. Several of Van Zyl’s friends also submitted affidavits, stating she was a devoted mother to Eros.

A vet said he was called to the Swart’s home shortly after they removed Eros from Van Zyl.

The cat was severely stressed, he said, and stayed in his igloo where he felt safe. The cat was malnourished as it was previously fed a reduced calorie diet, he added. During a follow-up visit a few months later - when Eros stayed with Willers - it was much happier. Eros was a lot less stressed and the expert ascribed this to the loving care of Willers.

It would be unwise, and probably cruel, to remove Eros from his new home, he said. But Van Zyl said she never intended the Swarts to re-home Eros, only to assist with his anxious behaviour.

Shortly after his removal and under the impression that he would be returned, Van Zyl sent text messages to Elize Swart, saying she could not wait until her little boy had recovered and was returned.

Van Zyl at the time vowed to be strong for his sake. “There is hope for my son. God is big, I do not give up,” she said in an SMS to Elize, expressing her hope for his speedy recovery and return to her.

Van Zyl said the day she fetched Eros as a kitten was one of the happiest days in her life. “He was always with meâ. I had to endlessly throw my little boy’s toy mouse, telling him Erossie, go fetch your moussy’.”

Her friends all stated that she was shattered without her Eros. They all vowed to testify under oath to try to convince the court to return her cat.

The trial was postponed indefinitely. A legal expert said a trial such as this could cost the parties hundred of thousands in legal fees.

zelda.venter@inl.co.za

Pretoria News