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In April 2021, at the Potchefstroom Magistrate’s Court, Magistrate Ben Mtebele found Thandi Modise, the current Minister of Defence, not guilty of criminal charges brought against her by the National Animal Protection Association (NSPCA) for animal cruelty.
“This was one of the worst cases of animal cruelty that the NSPCA has yet to investigate,” NSPCA spokesperson Keshvi Nair said.
“The seriousness of the suffering of the animals on Thandi Modise’s farm is etched into the memories of the inspectors who responded to the scene, and now justice for those animals has once again been denied – this time because of the magistrate.
– Thandi Modise, Minister of Defence (Parliament) AfriForum, who deals with the private prosecution of this case on behalf of the NSPCA, today appeared before the Appellate Division of the High Court in Mmabatho to appeal against the judgment justified by Modise.
Magistrate Mtebele, the presiding officer who found Modise not guilty, failed to provide reasons for the judgment. Without the reasons for Magistrate Mtebele’s ruling, the Mmabtho Court of Appeal could not hear the NSPCA’s appeal.
“It is shocking that a regional court magistrate failed in his duty to provide reasons for his judgment. This severely hampered the NSPCA’s appeal case,” Nair said.
The Judge President himself stated that the Regional Court Magistrate’s meager reasons were nonsensical.
An application will be brought by AfriForum’s legal team to oblige the magistrate to provide reasons why Modise is found not guilty.
After that, the case will again come before the Appellate Division of the Mmabatho High Court.
“The NSPCA extends its sincere appreciation to Advocate Gerrie Nel, Advocate Phyliss Vorster, and the rest of the Private Prosecution Unit at AfriForum for their unwavering commitment to help the NSPCA seek justice for the animals in this matter,” Nair concludes.
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