Cape Town - The National Council of SPCAs (NSPCA), represented by AfriForum, is bracing for another legal showdown in its efforts to have Defence and Military Veterans Minister and former National Assembly Speaker Thandi Modise found guilty of contravening the Animal Cruelty Act.
The animal welfare organisation confirmed that AfriForum’s Private Prosecution Unit recently served papers for the appeal against the Potchefstroom Regional Court’s discharge of Modise in terms of section 174 of the Criminal Procedure Act.
The case against her was dismissed when the Potchefstroom Regional Court found she was not guilty of the charges brought against her earlier this year.
Modise was charged with six counts of animal cruelty relating to the dozens of animals that died or were found emaciated on her farm in the North West in 2014, while she was still the premier.
Potchefstroom regional court judge Ben Mtebele found that a man hired to look after the animals, and failed to do so due to not being paid, should be held liable for the charges of animal cruelty.
More than 50 pigs and a number of other animals, including sheep, chickens and geese, were already dead when the NSPCA first inspected the farm.
A further 224 animals had to be put down, the charge sheet read.
In a statement, the NSPCA said the appeal against the regional court finding would be heard on March 10, 2023, in the High Court in Mmabatho.
Chief investigator for the Private Prosecution Unit Andrew Leask said: “This appeal emphasises the fact that we will continue to fight for justice and utilise private prosecutions to ensure that everyone is equal before the law. The Private Prosecution Unit is convinced that the principles pertaining to a discharge were incorrectly applied. We are of the opinion that a strong case has been made and Modise should have the opportunity to present her side of the matter.”
“The court did not simply discharge Modise, but also identified her so-called farmworkers as the culprits, even though the evidence points to them having no resources to feed the animals.
Our inference is that the court does indeed accept that the animals were neglected and died due to a shortage of feed and water. The court relied on the reasonable absence of the accused, but no evidence was led to prove this. The court also did not consider the concept of culpability with reference to dolus eventualis,” said Leask.
They argue in their application that the magistrate erred in his finding by considering evidence that does not form part of the court record, and also did not take into account relevant evidence that was placed before the court.
This includes the regional court not taking into account the opinions of expert witnesses, while attaching too much value to the opinion of a lay witness regarding the amount of feed that was available to the animals.
While attempts to get Modise’s comment were unsuccessful on Monday, NSPCA’s Marcelle Meredith, said: “It is a travesty that justice for the suffering of hundreds of animals has continuously been delayed since 2014.
“In March 2023, when we return to court for this case, it will be just four months short of nine years of the NSPCA’s fight for justice.
“This is a very clear indication of the NSPCA’s determination to ensure that justice is served for the suffering of those animals, no matter how long it takes.”
Cape Times