The Tshilwavhusiku Magistrate’s Court in Limpopo has sentenced a senior pastor of Potter’s House Word Church, Charles Mudau (43), Justice Makushu (54) and Albert Mushiana (54), to pay a fine of R20,000 or 12 months imprisonment for animal cruelty.
This sentence is wholly suspended for five years, according to Mashudu Malabi-Dzhangi, Limpopo regional spokesperson for the National Prosecuting Authority (NPA).
Additionally, the men from Vhembe District in Limpopo were sentenced to pay a fine of R15,000 or 12 months imprisonment wholly suspended for five years on condition that each accused pays an amount of R7,500 as compensation to the Society for the Prevention of Cruelty to Animals (SPCA) Louis Trichardt.
“The State and defence entered into a plea and sentence agreement in terms of section 105A of the Criminal Procedure Act 51 of 1977.
In the agreement it was revealed that on July 18 2023, at Tshilwavhusiku Potter’s House, the three accused spotted a Western Barn Owl on top of the church’s building during a church service,” said Malabi-Dzhangi.
“They caught it using a stick, hit it until it fell to the ground. They then took it inside the church, ill-treated it by pouring salt on its eyes and further poured oil on its head.”
The repeated attacks on the own was recorded on video by the church’s videographer and it was later posted it on social media.
The Society for the Prevention of Cruelty to Animals (SPCA) was alerted and a case was opened which led to the arrest and prosecution of the three accused.
When aggravating the sentence, State advocate Tula Bekwa submitted that Section 24 of the Constitution guarantees everyone the right to an environment that is not harmful to their health or well-being, and to have the environment protected for the benefit of present and future generations.
Bekwa also added that the Limpopo Environment Management Act 7 of 2003, was enacted to manage and protect wild and alien animals and to give effect to the provisions of the Constitution.
She then said that the environment legislation does not provide immunity to religious beliefs, culturalists and traditionalists.
The State concluded by submitting that the conduct of the accused men was deplorable and an indication that they have no respect for animal life.
Meanwhile, the Director of Public Prosecution in Limpopo, advocate Ivy Thenga has welcomed the sentence and hopes that people will refrain from committing cruelty to animals and ensure that animals are protected from harmful human acts and abuse.
Thenga also applauded the good work done by the prosecution team led by Bekwa and all other stakeholders involved in securing the successful prosecution.
IOL