NSPCA considers lawsuit against NCOP chair Thandi Modise over 'farm of horrors'

2017-10-16 17:43
Thandi Modise (File, Beeld)

Thandi Modise (File, Beeld)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - National Council of Provinces chairperson Thandi Modise could soon find herself in a private lawsuit brought by the NSPCA, after evading animal cruelty charges for over three years.

This comes after the National Prosecuting Authority (NPA) informed the animal welfare society that it "had decided not to prosecute Modise on criminal charges of animal cruelty".
 
Grace De Lange, the National Society for the Prevention of Cruelty to Animals (NSPCA) farm unit manager, told News24 that she had received correspondence from the NPA’s acting director for the Gauteng South Division, Pretoria, Advocate George Baloyi, informing her of their decision.

In the letter, which News24 has seen, Baloyi states: "Although the available evidence prima facie indicates that there was ill-treatment of the animals in contravention of the Animals Protection Act 71 of 1962, I am of the view that there is not a reasonable prospect of a successful prosecution".

Baloyi said he could not conclude that there was a reasonable possibility a court would find Modise acted negligently, taking into account she was based in Cape Town and appeared to have delegated management of the farm.

He was also of the view that an NSPCA employee had entered the premises before obtaining a warrant, which "severely compromised the admissibility of the evidence".

De Lange replied: "Basically, he was saying our case lacked evidence and it would be difficult to prove, as there were too may parties involved. To us, it is one of the cruelest cases of animal abuse that the NSPCA has come across. These animals were denied basic minimum care and suffered neglect, starvation and abandonment."

Baloyi issued a nolle prosequi certificate at the end of last month, which gave the NSPCA the green light for private prosecution.

De Lange said they were now considering this step.

The charges against Modise stemmed from an NSPCA inspection at her North West province "farm of horrors", near Potchefstroom in July 2014.

Also read: Modise to meet police over farm animals - report

Acting on a tip-off that the farm had been abandoned, the society’s senior farm inspector, Andries Venter, obtained a search warrant and found the farm littered with the carcasses of more than 50 dead pigs, and other animals and birds, including geese, ducks, sheep and goats.

Surviving pigs were found eating other pigs.

Having previously been rejected by both the Supreme Court and the Appeals Court, the NSPCA last year won a landmark Constitutional Court ruling against the Justice and Constitutional Development Minister and the National Director of Public Prosecutions, entitling the body to privately prosecute individuals or businesses.

In his December 2016 ruling, Judge J Khampepe declared that "the National Society for the Prevention of Cruelty to Animals has the statutory power of private prosecution conferred upon it by section 6(2)(e) of the Societies for the Prevention of Cruelty to Animals Act 169.

Read more on:    nspca  |  thandi modise  |  mahikeng

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
/News
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.