Pastor and fellow congregants receive harsh punishment for animal cruelty

The pastor and three members of his congregation caught on camera torturing a juvenile barn owl “in the name of Jesus” during a Sunday morning service were meted out harsh punishment by the Tshilwavhusiku Magistrate’s Court on Thursday, 10 October.

The charges against Pastor Charles Mudau (who refers to himself as Prophet Mudau) of the Potter’s House Word Church, located in Muduluni village in the Kutama area, followed an incident during a live-streaming of one of his church services on Sunday, 16 July 2023.

On that day, Mudau and fellow congregants, Justice Makushu, Albert Mushiana, and police constable Tshililo Mugada, captured a young Western Barn Owl outside their church building and subjected it to a “cleansing ceremony”. The owl was taken inside the church, where Mudau and the three congregants proceeded to torture the animal, first with a wooden pole and then by pouring so-called anointing oil and miracle salt over the owl’s head and into its eyes. The animal was clearly in severe distress, trying to escape without success, as it was held down by force. Although the owl was later released, it was visibly injured, struggling to move away from its abusers.

The incident was reported to the Louis Trichardt SPCA, with senior inspector Lawrence Khodobo immediately taking action and compiling a docket against Pastor Mudau and the three congregants. Charges were laid in terms of the Limpopo Environmental Management Act, No 7 of 2003, and the Animals Protection Act, No 71 of 1962.

What followed was a year-long legal battle for the local SPCA to ensure justice was served for the young barn owl. The National Prosecuting Authority also became involved, with State advocate Tula Bekwa handling the case. The matter finally concluded last week, with the accused and the State entering into a plea agreement.

As part of the agreement, Mudau and his co-accused admitted that their actions on the day were wrong and unlawful, with the intent to harm the owl. They also admitted that their behaviour constituted cruelty to animals, that they had no lawful right to capture or keep the bird, and that they had violated sections of both the Limpopo Environmental Management Act and the Animals Protection Act.

As punishment, Mudau, Makushu, and Mushiana were sentenced to a fine of R35,000 or 24 months’ imprisonment each on counts 1 and 4 of the charge sheet. The fine on count 1, for causing injury to an animal under the Animals Protection Act, was R20,000, while the fine on count 4, for capturing a wild or alien bird without a permit, was R15,000.

Police constable Mugada’s case was separated from the others to be dealt with through the South African Police Service’s internal processes. He was sentenced to 40 hours of community service.

In addition to the suspended sentence, which will only be enforced if they commit a similar offence within five years, Mudau, Makushu, and Mushiana were ordered to pay R22,500 to the Louis Trichardt SPCA to cover the costs of the prosecution. Each of them must pay R7,500 in instalments: R2,000 in the first three instalments and a final payment of R1,500 by January next year. They were also prohibited from having care, custody, or control of wild animals in the future.

In aggravation of sentencing, state advocate Bekwa highlighted that Section 24 of the Constitution guarantees everyone the right to an environment that is not harmful to their health or well-being and requires the environment to be protected for the benefit of present and future generations. The Limpopo Environmental Management Act, No 7 of 2003, was enacted to manage and protect wild and alien animals and to give effect to constitutional provisions. Bekwa emphasised that environmental legislation offers no immunity to religious, cultural, or traditional practices. She described the conduct of the accused as deplorable, showing a complete disregard for animal life.

The plea agreement and sentencing were bittersweet victories for the Louis Trichardt SPCA, especially for Khodobo, as the final fate of the young barn owl remains unknown. Nonetheless, Khodobo regarded it as one of the harshest punishments for animal abuse yet imposed by local courts.

There is some consolation for Khodobo: “Reaching a plea agreement shows that they regretted their actions,” he said. This was considered in mitigation, and the sentences imposed were half of what they could have been.

Although legislation such as the Limpopo Environmental Management Act and the Animals Protection Act exists, many people still underestimate the seriousness of animal abuse. “I hope this sentence serves as a deterrent. A conviction results in a criminal record, and in the case of Mudau, Makushu, and Mushiana, this is something they will carry with them for the rest of their lives,” said Khodobo. He added that the suspended sentence would also hang over them like a sword for the next five years.

Reacting to the sentence, Director of Public Prosecutions (DPP) Advocate Ivy Thenga welcomed the outcome and expressed hope that it would discourage others from committing cruelty to animals. “We must ensure animals are protected from harmful human actions and abuse,” she said. Thenga also applauded the efforts of Advocate Bekwa and other stakeholders involved in securing the successful prosecution, including Khodobo, who has secured numerous convictions in favour of the local SPCA over the years. “We will continue to pursue justice and won’t stop,” Khodobo added.

Date:17 October 2024

By: Andries van Zyl

Andries joined the Zoutpansberger and Limpopo Mirror in April 1993 as a darkroom assistant. Within a couple of months he moved over to the production side of the newspaper and eventually doubled as a reporter. In 1995 he left the newspaper group and travelled overseas for a couple of months. In 1996, Andries rejoined the Zoutpansberger as a reporter. In August 2002, he was appointed as News Editor of the Zoutpansberger, a position he holds until today.

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