Historical sentencing for Edenvale SPCA

 

Several years of hard work and effort paid off for Edenvale SPCA after Tembisa resident Sthembiso Mdletshe was convicted on six counts in terms of the Animal Protection Act 71 of 1962 and sentenced to a year in prison.

The 21-year-old received his sentence at Tembisa Magistrate’s Court and was sentenced on September 29.

He was found guilty of involvement in dogfighting activities, failing to render veterinary treatment for the dog under his care and for unnecessarily chaining it.

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In addition to being sentenced to a year in prison, Mdletshe was found to be unfit by the court, in terms of Section 3(1) (C) of the Animal Protection Act 71 of 1962, to own or be in charge of any animal for 10 years.

In terms of Section 103(1) of the Firearms Control Act, Mdletshe was also declared unfit to possess a firearm.

Furthermore, the court sentenced Mdletshe to four months imprisonment, which was suspended for five years on the condition that he is not convicted of contravening Section 2A(1) of the Animal Protection Act.

The investigation begins
Although Mdletshe was only recently convicted, Edenvale SPCA started investigating him shortly after former inspector Jade Nel joined the branch in 2016.

During the SPCA’s investigation, 26 dogs of various ages and breeds were confiscated from Mdletshe and others.

Nel explained that Mdletshe’s grandmother first informed the SPCA that she suspected the then-teenager was bringing home dogs and cropping their ears.

Nel with the assistance of EMPD’s Swat (Intervention) Unit visited the property. Upon their arrival, authorities found and confiscated one dog that had its ears cropped.

After questioning the young Mdletshe, law enforcement agents confiscated another five dogs from other properties.

Nel said although Mdletshe was detained he was released on bail soon afterwards.

Another tip-off from Mdletshe’s grandmother saw the SPCA return to the property and confiscate another dog that was being prepared to have its ears cropped.

Nel said the black and white Staffordshire Terrier was stolen from Birchleigh.

A third tip-off saw the SPCA and EMPD return to a different property in Tembisa where it was believed Mdletshe was involved in the breeding and selling dogs.

Upon arrival, Nel and the officers found several puppies and adult dogs in multiple unventilated rooms living in poor conditions.

Nel said some of the animals were living among their faeces while others were chained up.

“Because of the smell we could barely breathe and chains were hanging on the walls. It looked like a scene from an abattoir,” said Nel.

On January 25 last year Nel received the fourth tip-off, this time from a Tembisan business owner who had seen Mdletshe enticing two dogs to fight in a veld.

“After realising the business owner was watching him Mdletshe fled with one of the dogs, which was injured and left it at an abandoned property.”

Nel said the dog, a tan and white American pit bull terrier cross-breed, which was featured in the February 5, 2020, edition of the NEWS, was left alone in an abandoned shack.

Nel said after receiving the information she went to Tembisa to retrieve the dog from the abandoned property.

With the Pitbull cross-breed in the SPCA’s possession, the EMPD assisted Nel to detain Mdletshe who informed Nel of the location of the other dog, a bull terrier, which was in the veld.

Nel called upon the Midrand SPCA for assistance and sent the American Pitbull terrier cross-breed with SPCA field officer Tommy Ngwenya back to Edenvale SPCA.

Copy cat behaviour
In addition to recovering the bull terrier, Nel, with the assistance of Midrand SPCA, recovered several other animals while in Tembisa that day.

“While driving through the area a group of children stopped us and informed us of another dog fight happening in a nearby veld,” said Nel

She said upon arrival the authorities saw a group of children trying to entice two dogs to fight each other.

“The two dogs weren’t fighters and the children were imitating what they had seen others do.”

Nel said after Mdletshe was detained in January 2020, he remained in police custody after a case was opened against him. He was granted bail.

Nel said after Mdletshe failed to appear in court a warrant was issued for his arrest, but authorities could not locate him.

The investigation continues
Almost exactly a later on January 28, Edenvale SPCA received its fifth tip-off, this time from a community member informing the society that Mdletshe was involved in dogfighting yet again.

During the year that passed, Nel had resigned from her position as inspector and inspector Hope Mokalapa joined Edenvale SPCA.

Mokalapa, who had taken over Nel’s duties at the branch, started investigating the case.

He explained that the community member had seen Mdletshe with an injured dog, however, they believed Mdletshe was keeping the dog at a different property and not where he was living.

Mokalapa said after obtaining two warrants of search and seizure in terms of the Animal Protection Act 71 of 1962 from the Tembisa Magistrate’s Court he and Ayanda Ngcofe of the NSPCA, inspectors from Midrand SPCA and officers from Tembisa South SAPS executed the warrants.

Mokalapa explained that he obtained two warrants so that the authorities could search Mdletshe property and the property where it was suspected the injured dog was being kept.

The contingent of law enforcement officials found an injured Pitbull which was tethered with a chain. The dog was injured, including a broken jaw rendering it unable to eat or drink.

“The dog was so badly injured that it needed to be humanely euthanised to avoid further unnecessary suffering,” explained Mokalapa.

It was taken to Terrace Road Veterinary Hospital for a post mortem.

An eight-month process
Mokalapa said after obtaining a new warrant of arrest, Mdletshe faced his first court appearance on February 1.

“At his second court appearance, Mdletshe was denied bail and ordered to remain in police custody.

“I think inspector Nel’s case was a blessing as it laid the groundwork. The fact that Mdletshe did not attend court previously and that he did not seem to take the court seriously played a role to deny bail.”

He said after being denied bail Mdletshe spent eight months in police custody while waiting for the court proceedings to come to an end.

“I believe that Mdletshe pled guilty in the hopes that he would get a lesser sentence or a fine,” said Mokalapa.

Although Mdletshe pled guilty, the presiding magistrate described the offence as very serious.

The court highlighted that animals don’t have a voice to speak and as a result, the dog had to endure ill-treatment and neglect at the hands of the accused as the owner.

Making history
Mokalapa said although there were some challenges along the way, he thanked Captain Patrick from Tembisa North SAPS and the prosecution for their assistance and effort.

“It is rare to get an investigating officer and prosecution team that is willing to listen to the advice of an inspector.”

Mokalapa said for him the outcome of the case was one of the best highlights of his career so far.

He said one of the quotes he lives by is that of Mahatma Gandhi which reads, “The greatness of a nation and its moral progress can be judged by the way its animals are treated”.

Manager of Edenvale SPCA Marita Acar said the outcome of the case was historical for Edenvale SPCA.

She said the case was postponed numerous times and Mokalapa spent 34 days in court.

“The sentence shows that courts are taking animal cruelty seriously.”

Acar hopes that this outcome will serve as a deterrent to those thinking of benefiting from dogfighting or the suffering of animals.

“We want the community to know that we are not sleeping and we are not going the leave those who are breaking the law alone.”

Nel said although she is no longer an inspector nobody can take that away from her.

“The outcome of the case was one of one my proudest moments.”

Banking details to donate to Edenvale SPCA are as follows: FNB, branch Karaglen, account number 54680526754, branch code 252442, and account name Edenvale SPCA.

Email proof of payment to manager@edenvalespca.co.za