AfriForum and the National Society for the Prevention of Cruelty to Animals
30 October 2022
AfriForum’s Private Prosecution Unit on 25 October 2022 served papers for the appeal against the Potchefstroom Regional Court’s discharge of Thandi Modise in terms of Section 174 of the Criminal Procedure Act. The unit acts on behalf of the National Society for the Prevention of Cruelty to Animals (NSPCA) who is privately prosecuting Modise, who was the Speaker of Parliament at the time and is currently the Minister of Defence, on charges of cruelty to animals. The appeal will be heard on 10 March 2023 in the High Court in Mmabatho. This follows Magistrate Ben Mtebele finding Modise not guilty on 30 April 2021.
The Private Prosecution Unit is handling the private prosecution of Modise on behalf of the NSPCA, who in terms of Section 8 of the Criminal Procedure Act, are prosecuting on six charges arising from more than 200 animals having to be put down due to malnutrition on Modise’s farm close to Potchefstroom in 2014.
“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,” says Andrew Leask, Chief Investigator at AfriForum’s Private Prosecution Unit.
The unit brought the application for appeal in terms of Section 310 of the Criminal Procedure Act, which entails that the presiding officer in the Regional Court, Magistrate Ben Mtebele, must state his case to the High Court regarding the finding he made pertaining to Modise.