A Durbanville resident is grappling with potential penalties under the City of Cape Town’s Animal Keeping By-Law after receiving a notice for feeding birds directly from the ground in her garden.
The situation arose following a complaint from a neighbour who viewed the woman’s actions as a health and environmental hazard.
The woman, whose name is known to the Cape Argus, took to STOP CoCT’s Facebook page to share the notice publicly, stating that she had Environmental Health inspectors at her home and that the neighbour had been “spiteful” in a bid to stop her from feeding birds that came to her garden.
“I have now had nine Environmental Health inspectors at my home after a spiteful neighbour decided that he hates birds.
“No bird keeping was found. Clear report,” said the woman, who has since sought legal advice.
She told the Cape Argus that she did not own any birds but only fed garden birds and pigeons.
She said she could not speak about the matter because it was in the hands of her lawyer.
According to mayco member for Community Services and Health, Francine Higham, the notice was issued to prevent further health and environmental concerns.
“The specific case at hand related to the uncontrolled scattering of bird feed on a property that already has other identified environmental health nuisances, including rodents.
“Environmental Health Practitioners (EHPs) issued the notice in a bid to prevent a worsening situation.
“It’s important to note that our EHPs have a duty to protect and promote public safety and act against persons or situations that pose a risk to the well-being of others.”
The notice shared with the woman states that: “An inspection on June 1, 2026, of the above premises has shown that birds are fed directly from the ground, which is a violation of Section 28 (2) of the above By-Law (Animal Keeping By-Law 2021).”
The notice ordered that the owner remedies the conditions within 21 days and ceases from feeding any wild animals that are not kept in captivity.
Failure to meet the requirements may result in being guilty of the offence and liable to a penalty.
The issue has ruffled feathers across the city, with Brett Herron, GOOD Party’s Secretary-General and City of Cape Town mayoral candidate, warning that “if you feed birds, you are at risk of facing a penalty”.
“The Orwellian over-regulation of the City of Cape Town has just taken its next step by telling residents they may no longer feed wild birds in their own gardens,” Herron said.
“Only caged animals qualify. Free birds, apparently, are a by-law violation. And if you feed these birds, you are at risk of facing a penalty.”
Higham said in response to Herron’s statement: “This is an unfortunate attempt at wilfully spreading misinformation and creating outrage where none exists.”
Allan Perrins, communications manager for the Animal Welfare Society of South Africa, said it was for the protection of wildlife and the public to prevent the spread of diseases.
“The most effective way to support wild birds is by planting indigenous trees and shrubs that provide natural food, shelter, and nesting opportunities throughout the year, rather than relying on artificial feeding,” he said.
“Where supplementary feeding is undertaken, only appropriate foods such as quality wild bird seed, fresh fruit, vegetables, etc, should be offered.
“Bread, dairy products, processed foods, salted snacks, and other unsuitable foods can cause nutritional deficiencies or illness. Feeders and bird baths should also be cleaned regularly to reduce the spread of disease.
“Municipal by-laws prohibiting the feeding of wild birds directly on the ground are intended to protect both wildlife and the public. Ground feeding attracts rodents and other pests, increases the risk of disease transmission, and can alter the natural behaviour of wildlife.”
Cape of Good Hope SPCA spokesperson, Belinda Abraham, said bird feeders are specifically excluded from the by-law relating to the keeping of wild animals.
