Limpopo Pastor and Congregants Fined for Animal Cruelty After Torturing Owl
Pastor Charles Mudau and two members of the Potters House Word Church, Albert Mushiana and Justice Makushu, appeared in the Tshilwavhusiku Magistrate’s Court on Monday, facing charges of animal cruelty.
The trio were sentenced to a fine of R20,000 or 12 months in prison, with the sentence suspended for five years.
Limpopo regional spokesperson for the National Prosecuting Authority (NPA), Mashudu Malabi-Dzhangi said the state and defence entered into a plea and sentence agreement in terms of section 105A of the Criminal Procedure Act 51 of 1977.
They were also ordered 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.
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This comes after an incident on July 23, 2023, in which Mudau, Makushu, and Mushiana captured and a western Barn Owl on top of the church’s building during a church service.
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 with an “anointing oil” on its head and “miracle salt” in its eyes.
The incident 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.
SPCA senior inspector Lawrence Khodobo said they chose to look into the matter because the owl was distressed and injured during the incident.
“In terms of the Animal Protection Act, anyone who contravenes that act can be charged a fine with an amount that does not exceed R40 000 or imprisonment for not more than 12 months,” said Khobodo.
State advocate Tula Bekwa argued that Section 24 of the constitution ensures that even animals have the right to a healthy and safe environment and that the environment is preserved for the benefit of current and future generations.
Bekwa made the argument when arguing for an aggravating sentence.
“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,” Bekwa said
Bekwa asserted, however, that religious convictions, traditionalists, and cultural practitioners are not exempt from environmental laws.
“The state concludes by submitting that the conduct of the accused was deplorable and an indication that they have no respect for animal life,” she said.