A disgraced pastor and two members of his congregation were found guilty of animal cruelty after they were captured on video torturing an owl.
The video of the trio’s cruelty went viral on social media.
On Monday, pastor Charles Mudau and two members of the Potters House Word Church in Mudulini village, the former Venda homeland, Albert Mushiana and Justice Makushu, appeared in the Tshilwavhusiku magistrate’s court on charges of animal cruelty.
This comes after an incident on July 23, 2023, in which Mudau, Makushu, and Mushiana captured and tortured a western Barn Owl.
The own was captured while sitting on top of their church building during a service.
A livestream video shared on social media platforms showed a congregant pinning the owl down while Mudau carried out an excruciating “cleansing ceremony”.
After being prodded with a stick, the traumatised bird was showered with an “anointing oil” on its head and “miracle salt” in its eyes.
In the midst of all the torture, the owl experienced physical pain and had its wings broken.
R20 000 fine or imprisonment
The Society for the Prevention of Cruelty to Animals (SPCA) was notified when the incident became public knowledge, and a criminal case was initiated, resulting in the three accused being arrested and charged.
For a count of animal cruelty, the three were sentenced to pay a fine of R20 000 or 12 months of imprisonment with a five-year suspension.
They were also ordered to pay a fine of R15 000 or 12 months of imprisonment with a five-year suspension, provided that they each pay R7 500 to the SPCA in Louis Trichardt, Limpopo, as compensation.
A plea and sentence agreement was reached between the state and the defence in accordance with Section 105A of the Criminal Procedure Act 51 of 1977.
According to Lawrence Khodobo, a senior inspector with the SPCA, 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.
Right to safe environment
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.
Advocate Ivy Thenga, the director of public prosecutions in Limpopo, stated that the punishment should deter people from abusing animals and guarantee that they are shielded from dangerous human behaviour.
