The NSPCA has successfully countered legal manoeuvres by the defence in the ongoing animal cruelty case against the Vrede Integrated Farming Trust (formerly Estina Dairy Farm). The accused, facing charges under the Animals Protection Act (APA) 71 of 1962, attempted to evade criminal liability by arguing that, as trustees, they are only accountable to the Master of the High Court, in terms of the Trust Property Control Act 57 of 1988.
The defence has once again employed convoluted legal arguments to shield their clients from prosecution. Additionally, they assert that the matter should be adjudicated as a civil rather than a criminal case.
However, the NSPCA maintained that the accused are “owners” under the Animals Protection Act 71 of 1962 (APA) and are therefore subject to criminal prosecution for their actions, which constitute animal cruelty under the APA. The Magistrate’s Court has clear jurisdiction over the matter.
Last week, after the NSPCA submitted representations in favour of prosecution, the Free State Director of Public Prosecutions decided that prosecution against the accused will proceed, dealing a significant blow to the defence’s attempts to delay justice.
The NSPCA has been at the forefront of fighting against the cruelty and neglect at the Free State farm since 2014. The current matter has been under prosecution for the last two years. The accused appear more invested in delaying legal proceedings than in meeting the most basic needs of the animals under their care.
Liability cannot be evaded by unduly relying on “trustee status”. The accused’s role in the mistreatment of animals is a criminal offence, and the attempts to dismiss the charges lack legal merit. Having contravened the law, they must be held accountable.
The NSPCA will not allow delay tactics to derail justice. Animals are not pawns – they are sentient beings that deserve respect, compassion, and care.
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