Malema off the hook in cow cruelty case, NSPCA fumes

Malema

Cape Town – The National Council of SPCAs (NSPCA) has expressed disappointment after the National Prosecuting Authority (NPA) formally declined to pursue criminal charges against EFF leader Julius Malema in connection with a 2023 animal cruelty case that captured national attention.

The case stems from a widely shared video that emerged in September 2023, appearing to show Malema attempting to slaughter a cow during a public event.

The NSPCA argued that the manner in which the animal was handled violated the Animals Protection Act and constituted unnecessary suffering.

Despite nearly two years of formal efforts — including video submissions, affidavits, and eyewitness testimony — the NPA has concluded that the evidence is insufficient to secure a conviction.

In a letter sent to the NSPCA, the NPA stated: “The prosecution will not be in a position to adduce sufficient evidence to prove beyond reasonable doubt” that an offence was committed. The letter also raised concerns about the authenticity of the video footage provided.

The NSPCA, which opened a formal case in September 2023, said it had escalated the matter through multiple prosecutorial tiers — from the Public Prosecutor to the Chief Public Prosecutor, Director of Public Prosecutions, and finally the National Director of Public Prosecutions.

“This illustrates the procedural complexities and potential bureaucratic obstacles in seeking justice for this animal, who endured unimaginable suffering,” the organisation said in a statement on Tuesday.

While acknowledging the independence of the prosecutorial process, the NSPCA said it believed the evidence warranted judicial scrutiny.

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

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“The law must be applied consistently. This case underscores a broader issue: the continued struggle for animals to achieve visibility and protection within the justice system.”

Malema, who has not publicly responded to the NPA’s decision, was widely criticised by animal rights activists and the public following the incident. His party previously defended the act, citing cultural practices.

The NSPCA says it remains committed to pursuing justice for animals “without fear or favour” and called on its supporters to channel their frustration into stronger advocacy for animal protection laws.

“Your frustration is valid and mirrors our own. Let it strengthen our collective resolve to demand a justice system that recognises cruelty for what it is, regardless of who commits it,” the council said.

The Animals Protection Act of 1962 criminalises the infliction of unnecessary suffering on animals and has been used in past cases to prosecute both individuals and institutions

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