- Thandi Modise has been found not guilty of animal cruelty.
- Modise was privately prosecuted after dead and emaciated animals were found on her farm in the North West.
- She was found not guilty after bringing a Section 174 application to have the case dismissed, based on the evidence.
After being found not guilty of animal cruelty, National Assembly Speaker Thandi Modise says she will start farming again, while her legal team will pursue costs against the private prosecution.
On Friday, Modise appeared in the Potchefstroom Regional Court, where she was being privately prosecuted for animal cruelty by AfriForum's Private Prosecution Unit, on behalf of the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA).
Magistrate B Mtebele found Modise not guilty on all six charges relating to the dozens of animals found dead or emaciated on her farm in the North West in 2014. At the time, she was the province's premier.
Section 174 application
Modise's legal representative, advocate Dali Mpofu SC, brought a Section 174 application after the prosecution closed its case on Thursday.
Mpofu argued there was no evidence before the court, which could draw Modise to the charges against her.
Mpofu told the court while there was a duplication of the charges, the prosecution had failed to prove that Modise intentionally ill-treated the animals, confined or restrained them, abandoned them, and did not provide adequate feed or water.
He also argued that Tebogo Mokaedi, who was hired to look after the animals on the farm, after the previous caretaker, only known as Shadrack, left to look after his ill son in Zimbabwe, was to blame for crimes.
Mokaedi previously testified he was hired to look after the animals, but left the farm 10 weeks later because he had no food, had not been paid, and was hungry.
Mpofu conceded in court on Thursday that Mokaedi had not been paid, but added that Modise had not hired him, either.
According to Mokaedi, he was hired by a woman, who was later identified as Modise's secretary.
Judgment
Mtebele agreed with the arguments made by Mpofu that Modise could not be held responsible for what happened on the farm and that there was no vicarious liability.
Handing down his judgment, Mtebele accepted that Mokaedi was not paid, but held the view that he was still responsible for what happened at the farm.
Mtebele said it was Mokaedi, who confined the animals before abandoning them, while Modise was not even in the province.
"I agree with the defence that the person that was supposed to be charge is Tebogo," Mtebele said.
He further said there was water and feed, based on Mokaedi's own version, although the feed had run out on two occasions during his 10-week stay on the farm.
The court found there was no prima facie case against Modise, based on the evidence presented by the six witnesses for the private prosecution.
Mtebele subsequently found Modise not guilty of the charges.
Going back to farming
Following the verdict, Modise said she was relieved, and that the entire ordeal had been emotionally difficult for her whole family.
"It has been seven years of hell," Modise said.
Looking ahead, Modise said she intended to get back to farming and would also go back to living on the farm.
"I am going to stay on my farm. They can come and attack it, now and then, they try, I am going to stay there. I am going to farm and make it a success," Modise said.
"Before I went into pigging, I went around [to] black people who had pigs, how they were doing it, I read about the subject. I never take anything unless I have read about it."
Before the incident, Modise said she was trying to build up her livestock to become a commercial pig farmer, a challenge that she would continue now that the case had been dismissed.
"I am going back there. I have not had a single pig since this happened."
Modise added that she wanted her animals back, claiming that several animals were taken off the farm.
Meanwhile, her legal team announced that they would seek a cost order against AfriForum and the NSPCA.
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