The National Society for the Prevention of Cruelty to Animals (NSPCA), together with advocate Gerrie Nel and the AfriForum private prosecution unit, are taking aim at Minister of Defence and Military Veterans Thandi Modise again over the deaths of 200 starving animals on her farm in 2014.
Modise faced six charges of cruelty to animals after the animals had to be put down. She was acquitted in April. However, the NSPCA and AfriForum are appealing the Potchefstroom Regional Court’s discharge of the case.
Defence spokesperson Cornelius Monama did not respond to requests for comment. The appeal will be heard on 10 March in the High Court in Mmabatho, after Magistrate Ben Mtebele found Modise not guilty on 30 April, 2021.
AfriForum’s private prosecution unit chief investigator Andrew Leask said the appeal emphasized the need to fight for justice and utilize private prosecutions to ensure that everyone was equal before the law.
“The private prosecution unit is convinced the principles of a discharge were incorrectly applied. We believe a strong case has been made and Modise should have the opportunity to present her side of the matter,” he said.
Leask said the court did not simply discharge Modise, but also identified her farm workers as the culprits, despite the evidence indicating they did not have the 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 food 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 concerning dolus eventualis,” said Leask.
NSPCA chief executive Marcelle Meredith said the ruling was a travesty and justice for the suffering of hundreds of animals had been continuously delayed.
“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 clear indication of our determination to ensure that justice is served for the suffering of those animals – no matter how long it takes,” she said. Nel will argue the appeal.
Political analyst Ralph Mathekga said: “The fact that AfriForum took on the case shows the National Prosecuting Authority (NPA) channel could not be followed successfully. There was a lot of controversy about that farm, how it was acquired and the treatment of the animals.”
Mathekga said the appeal against Modise’s charges was a matter of principle and to demonstrate that no one was above the law. “They are pushing for someone to take accountability for the state of the farm,” he said.
Criminologist professor Jaco Barkhuizen said it was unfortunate the only recourse for victims of crimes and environmental abuse was to go the private prosecution route.
“It seems the NPA is so overwhelmed that certain cases are never prosecuted [which leads to private prosecution]. The problem with private prosecution it is heavily expensive for the man on the street,” he said.
Criminologist Dr Witness Maluleke said: “This is very concerning. Was putting down more than 200 animals due to alleged malnutrition the lasting solution? Animal cruelty should be declared a priority and this message should be spread more widely than is currently happening, using this case as a yardstick.”
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