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Speaker of Parliament Thandi Modise in the Potchefstroom Regional Court dock faces charges of animal cruelty.
- The Speaker of the National Assembly, Thandi Modise, is currently on trial for animal cruelty related to dead and emaciated animals found on her farm in the northwest.
- His legal representative, lawyer Dali Mpofu SC, told the court that private prosecution is a frivolous political stunt.
- AfriForum has denied this, saying there is evidence.
National Assembly Speaker Thandi Modise’s cruelty to animals trial has garnered her first glimpse of her possible defense, with claims that the case is a frivolous political stunt by AfriForum.
Modise appeared in Potchefstroom Regional Court on Wednesday, where she is being prosecuted privately by AfriForum’s Private Prosecution Unit on behalf of the National Council of Societies for the Prevention of Cruelty to Animals (NSPCA).
He has pleaded not guilty to six counts of animal cruelty related to dozens of animals that were allegedly killed or emaciated due to starvation and dehydration on his Northwest farm in 2014.
While the private prosecution, led by attorney Gerrie Nel, is still in the driver’s seat presenting evidence, several clashes between him and Modise’s legal representative, attorney Dali Mpofu SC, led to an understanding of what could be part of his defending.
PHOTOS | The corpses strewn across Modise’s farm as the stench of rotting meat clung to the air.
The discussion was started when Nel called the expert witness, Dr. Sameet Abdullah Abass, who was to testify about how the animals died or were emaciated and how to give time intervals on the level of decomposition of the corpses found on the farm.
Mpofu objected when Abass began to give testimony, stating that the defense was never informed that an expert witness would be called.
Nel responded that a full disclosure with the list of witnesses had been made, but said that if the defense was not prepared, as a matter of justice, they would be given time to prepare.
Mpofu was unhappy with the idea of a postponement, saying that if such a postponement was called, the prosecution should do so in the case.
His reasoning for this argument relates to the possible civil implications of the case and if the defense asks for postponement, the costs involved cannot be claimed if there is a civil lawsuit.
“We can recover costs even in a civil context, not necessarily in relation to the Criminal Procedure Law, even if the prosecution is not in good faith, if it is done in bad faith, then the costs can be recovered,” said Mpofu.
Political trick
It was at this point that he told the court that the defense believed that Modise’s private prosecution was a frivolous political stunt by AfriForum.
“They know it, we know it and we will prove it,” he added.
The defense said it would argue these points at the appropriate time, but the entire prosecution was malicious and for covert purposes intended to embarrass the defendant.
Modise echoed similar sentiments after his court appearance when he told reporters that he was innocent and wanted to take the stand to give his side of the story.
“After six years of being tortured, my family being displaced, being defamed, my name being used to raise funds for AfriForum, yes, I am looking forward to taking the stand,” she said.
READ | Speaker of Parliament Thandi Modise pleads not guilty to animal cruelty charges
Mpofu’s cross-examination, at times, also led to the inference that the defense was claiming some kind of political agenda narrative.
While questioning journalist Dustin Wetdewich who was at the scene, Mpofu asked if it was not strange that the district attorney had tipped off the Potchefstroom Herald about the animals on the farm.
Mpofu told Wetdewich:
“If it hadn’t been for the involvement of the district attorney and the owner wasn’t a former Northwest prime minister, he could have gone ahead with the braai.”
“Why politicize the issue?”
Evidence-based case
Nel, shocked, told the court that he had never seen such arguments in a criminal court, and said that the courts in which he appeared had decorum.
He also noted that Mpofu had cited the wrong section when presenting his arguments and that he was not doing anyone a favor by having the witness withdraw, but was working with the court to resolve the deadlock.
“Procedurally, we have not done anything wrong, but the defense is not ready to continue with this witness. Let him withdraw, we will call another witness,” said Nel.
The court then ordered Abass to stand down and another witness be called. He is expected to testify when the case returns to court next year.
Andrew Leask, head of investigations at AfriForum’s Private Prosecution Unit, told reporters that they were disappointed with the comments made in court and denied that other motives were at stake.
“This is a properly constituted court of law in terms of law, we are not here to play games, to raise political dust or to get involved in political confusion,” Leask said.
“We are here to present a case based on the evidence, we will present the evidence and allow the court to judge it.
“The NSPCA approached us asking us to conduct a private process on their matter, what we are doing.”
The case was postponed until April 2021.
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