The National Council of SPCAs (NSPCA) confirms that, despite nearly two years of effort and formal escalation, the National Prosecuting Authority (NPA) has declined to proceed with criminal prosecution in a high-profile case of animal cruelty that shocked the nation in 2023.
The case stems from a widely circulated video depicting a prominent South African political leader, Mr Julius Malema, attempting to slaughter a cow in a manner that the NSPCA believes violated the Animals Protection Act and inflicted unnecessary suffering. Following this incident, the NSPCA opened a formal case in September 2023, supplied supplementary video evidence and affidavits, and even secured a key eyewitness who captured further footage at the scene.
Yet, in a letter to the NSPCA, the NPA stated that “the prosecution will not be in a position to adduce sufficient evidence to prove beyond reasonable doubt” that a contravention of the Act occurred. The letter further cited the “authenticity” of the video footage as a concern.
After opening the docket, the case faced numerous challenges, from the initial decision to decline prosecution by the Public Prosecutor, to multiple escalations by the NSPCA to the Chief Public Prosecutor, Director of Public Prosecutions and finally, the National Director of Public Prosecutions – illustrating the procedural complexities and potential bureaucratic obstacles in seeking justice for this animal, who endured unimaginable suffering, pain and distress.
While we acknowledge and respect the independence of the prosecutorial process, we are deeply disheartened by this outcome. We believed the available evidence merited judicial consideration. This decision will no doubt be dismaying to many South Africans who care deeply about the humane treatment of animals.
This matter also underscores a broader issue: the continued struggle for animals to achieve visibility and protection within the justice system. The law must be applied consistently.
The NSPCA remains committed to pursuing justice for all animals, without fear or favour.
To our supporters: Your frustration is valid and mirrors our own. Let it strengthen our collective resolve to demand a justice system that recognises cruelty for what it is, regardless of who commits it.
If you are as passionate about animals and their well-being as we are, consider supporting our causes by donating.
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