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NPA declines to prosecute Malema

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A video was widely circulated in 2023 in which Malema was seen attempting to slaughter a cow. (Pic: Sourced)
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JOHANNESBURG – The National Prosecuting Authority (NPA) has declined to pursue criminal charges in an animal cruelty case involving EFF leader Julius Malema.

The case relates to a widely circulated 2023 video, in which Malema was seen attempting to slaughter a cow. The National Council of SPCAs (NSPCA) alleges that the act contravened the Animals Protection Act, citing ‘unnecessary suffering’ inflicted on the animal. The NSPCA confirmed it opened a formal case in September 2023, submitting video evidence, affidavits and the testimony of a key eyewitness who had captured additional footage of the incident.

The NSPCA said the NPA informed them that ‘the prosecution would not be able to adduce sufficient evidence to prove beyond reasonable doubt’ that the law had been broken. The NPA also cited concerns regarding the ‘authenticity’ of the video evidence.

The NSPCA described the outcome as a serious setback for animal welfare. “While we acknowledge and respect the independence of the prosecutorial process, we are deeply disheartened by this outcome,” the organisation said. “We believed the available evidence merited judicial consideration.”

According to the NSPCA, the matter was escalated through several tiers of the prosecutorial hierarchy, from the public prosecutor to the chief public prosecutor, director of public prosecutions, and ultimately the National director of public prosecutions, but all declined to proceed with a prosecution.

“This decision will no doubt be dismaying to many South Africans who care deeply about the humane treatment of animals,” the NSPCA stated.

The organisation also said the case highlighted systemic issues in the legal protection of animals. This matter also underscores a broader issue: ‘‘The continued struggle for animals to achieve visibility and protection within the justice system. The law must be applied consistently.”

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