Pretoria – AfriForum's private prosecution unit and the National Society for the Prevention of Cruelty to Animals (NSPCA) have served papers to appeal the Potchefstroom Regional Court’s acquittal of Minister of Defence and Military Veterans Thandi Modise in an animal cruelty case.
Modise faced six charges of cruelty to animals after more than 200 animals were put down due to malnutrition on her farm close to Potchefstroom in 2014.
When the NSPCA first inspected the farm, more than 50 pigs and a number of other animals, including sheep, chickens, and geese, were already dead.
Modise pleaded not guilty to the charges.
Magistrate Ben Mtebele found her not guilty on April 30, 2021.
Instead, Mtebele said Tebogo Mokaedi who was employed by Modise to look after the farm should have been held responsible.
AfriForum said it was convinced that the principles pertaining to Modise’s discharge was incorrectly applied.
“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.
“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,” said Andrew Leask, chief investigator at AfriForum’s private prosecution unit.
The NSPCA said Mtebele must state his case to the high court.
“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 our determination to ensure that justice is served for the suffering of those animals – no matter how long it takes,” said Marcelle Meredith, CEO of the NSPCA.
The appeal will be heard on March 10, 2023 in the high court in Mmabatho.
If the appeal in the high court is successful, the case will be referred back to the regional court where Modise’s legal team will then have to present a defence before Magistrate Mtebele.
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