The NSPCA celebrates its success in winning another record-breaking case this year. On the 28th of April 2022, Mr. M. Mofokeng was found guilty of bestiality after raping his neighbor’s dog, Moana. Thereafter, criminal charges were brought against him by the NSPCA.
In the early hours of November 21st 2020, a tenant living on a property in Soweto witnessed the man naked and precariously positioned in Moana’s kennel. Having been caught with his pants literally down, he was then apprehended by members of the community.
Upon arrival at the scene, the NSPCA found the family dog severely violated and in need of urgent veterinary attention. The dog was immediately taken to the NSPCAs veterinarian for an emergency examination and treatment. Dr. Bryce Marock confirmed that the dog, named Moana, was inhumanely restrained, and demonstrated injuries consistent with rape. Moana was only 11 months old at the time of the assault.
Mr. Mofokeng was granted bail after his initial arrest; however, he contravened the imposed bail conditions by failing to appear before the court which resulted in him being rearrested.
With the original witness being absent in this matter, the conviction success rest on the shoulders of NSPCAs Veterinary Consultant Dr. Marock, and Inspector Shiven Bodasing from the NSPCAs Special Investigations Unit.
Dr. Marocks testimony afforded the court irrefutable evidence that Moana suffered as a result of the assault, and this evidence was corroborated by a testimony in aggravation furnished by Inspector Bodasing. The success of this case is, therefore, owed to Dr. Marock and Inspector Bodasing. Without their excellent testimonies, injustice would prevail, and by extension deprive all animals in South Africa of their unprecedented judgement. The NSPCA also extends its appreciation to Cora Bailey from Community Led Animal Welfare for reporting the abuse to the NSPCA.
The presiding officer for the case, the honourable Regional Court Magistrate E van Niekerk, stated in his judgement that a distinction should not be made between the rape of an animal and that of a human. The Courts, therefore, have a duty to protect the rights of animal victims and impose appropriate sentences to avoid the community from taking matters into their own hands.
The honourable Magistrate found Mr. Mofokeng guilty as charged and sentenced him to eight years direct imprisonment. This is the highest direct imprisonment sentencing ever imposed for animal cruelty in Africa, and will set the precedent nationwide.
Moana has made a full physical recovery under the watchful eye of the NSPCA, and she has been sterilized, vaccinated, microchipped, and dewormed. The NSPCA will continue to offer its support and assistance to Moana and her entire human family as they are all victims of this crime in their own ways.
“Bestiality is a serious concern in our country. It is a shameful crime that is swept under carpets to protect perpetrators- forgetting that bestiality usually progresses to the abuse of children and eventually other adult human beings at a later stage. The NSPCA winning this case is of extreme significance. We hope that other bestiality cases being heard across the country will follow suit as a precedent has been set, and that animal rapists have been thoroughly cautioned of the consequences. Communities are encouraged to report bestiality. Together with the relentless pursuit of this movement, we can bring this evil to its knees.” – Marcelle Meredith, Executive Director.
Inspector Shiven Bodasing
Special Investigations Unit, NSPCA.