The Importance of Service Animals

Service animals are not pets. They are working animals trained to perform specific tasks that help people with disabilities live safely, independently, and with dignity. Two major categories are especially significant:

1. Guide dogs for the blind: These dogs navigate obstacles, help their handlers move through unfamiliar spaces, and offer a degree of freedom impossible otherwise. A blind person with a guide dog can travel more safely, confidently, and independently.
   
   

2. Emotional support or support dogs for people with mental health challenges: These animals help reduce anxiety, depression, PTSD, or other psychiatric disorders by being present, providing structure, reducing feelings of isolation, and sometimes performing tasks (e.g. reminding medications, grounding during panic attacks). While they may not always be trained in the same degree as guide dogs, their role can be life-changing.
   
   

Legal Basis in South Africa

South Africa has some strong constitutional and legal provisions relevant to service animals. The challenge is that the laws are not yet as detailed as many people would prefer, especially around emotional support animals. Here are the key legal components:

Constitutional Rights

• Section 9 of the Constitution (Equality Clause) protects against unfair discrimination. It says everyone is equal before the law, and the State cannot discriminate unfairly on many grounds, including disability.

• The Constitution also establishes human dignity, freedom, and the right to equality as founding values. These underpin why denying someone access with a service animal is a violation of rights.

Statutory Laws

• The Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000 (PEPUDA) gives effect to Section 9 by prohibiting unfair discrimination on grounds including disability. It allows people to bring cases in Equality Courts.
  
  

• Prescribed Conduct Rule 1(2) under the Sectional Titles Schemes Regulations states that an owner or occupier with a disability who reasonably requires a guide, hearing, or assistance dog must be considered to have the trustees’ consent to keep that animal, and to have it accompany them on common property. This covers guide/assistance dogs.
  
  

Case Law & Proposed Legislation

• In SA Guide-Dog Association for the Blind and Amanda Bester v The Department of Home Affairs (Western Cape), the Equality Court found that refusing access to a public office for a blind person with her guide dog was unfair discrimination. The court held in favour of Amanda Bester and her guide dog Reo.
  
  

• More recently, the Performing Animals Protection Amendment Bill (B12-2025) has been introduced. It aims to amend the Performing Animals Protection Act of 1935 to explicitly regulate access of assistance animals in private or public areas, buildings, transport etc. It includes provisions for licensing of assistance animals, access rights, and penalties if access is denied.
  
  

Gaps & Challenges

Despite constitutional protection and laws, the implementation and clarity around service animals, especially emotional support animals, are weak:

• Emotional support animals do not have the same legal access rights as assistance dogs in many public or private places. They often require a prescription or letter from a licensed mental health professional. But there is no consistent law or regulation defining where or how they must be accepted.
  
  

• Many people and institutions don’t understand the difference between an assistance dog (guide dog, hearing dog, etc.) and support or emotional support animals. That leads to wrong denials of access.
  
  

• The proposed Bill would help fill the gaps, but until it becomes law, there will remain uncertainty and inconsistent practice.
  
  

Why it Matters

• Independence & dignity: A blind person guided by a dog is less dependent on others. Being denied entry or service because of a guide dog undermines dignity and equality.
  
  

• Mental health & quality of life: For people with anxiety, PTSD, or other mental health issues, a support or emotional dog can reduce the severity of symptoms, improve social participation and reduce isolation.
  
  

• Legal fairness & societal inclusion: The law should protect all people equally. Otherwise discrimination continues. If service animals are accepted and protected, people with disabilities are more included, more able to participate in education, employment, public life.
  
  

• Precedent & social norms: Legal rulings and proposed bills help shape what society accepts institutionally — businesses, landlords, public service providers.
  
  

What Should Be Done

• Enact the Performing Animals Protection Amendment Bill (or similar legislation) to clarify rights of people with assistance animals, define licensing, and ensure consistent enforcement.

• Public education so that businesses, public service sectors, landlords, and communities understand that service animals are not pets and should be treated accordingly.

• Clear guidelines for emotional support animals: under what conditions, what training or certification, and what access rights they have.

• Better training of public officials so that cases like denying access to guide dogs do not continue.

Conclusion

Service animals are essential for many people — for mobility, independence, dignity, safety and emotional well-being. South Africa’s Constitution and laws already affirm the rights of people with disabilities. But for those rights to mean real change, legal gaps must be closed (especially around emotional support animals), laws must be enforced, and society needs to respect and implement the protections already provided.

Written by Theresia van Rensburg