Animal Welfare South Africa Project #44136

Help SPCA get justice in court for murdered Benji

by The Cape of Good Hope SPCA

Project Report | May 21, 2021
JUSTICE HAS BEEN SERVED AT LAST

By Belinda Abraham | Communications, Fundraising and Education Manager

Inspector Siviwe Noko outside the Court

Dear Supporter

The day of reckoning finally arrived for the 2 accused of the brutal stabbing of Benji almost 3 years ago! It's been a rollercoaster ride of postponements, court closures as a result of Covid-19 outbreaks and warrant executions for the failure by the accused to appear in Court.

In South Africa, sentences for a breach of the Animal Protection Act currently cannot exceed a prison term of 12 months (in terms of offences in respect of animals) and 2 years (in respect of animal fighting). Each of these sentences exists in the alternative to an unspecified fine alone. In terms of the Adjustment of Fines Act of 1991, that effectively means a maximum fine of R40 000 and R80 000 respectively. Discretion on the part of the presiding Magistrate, in handing down a sentence for animal cruelty, is limited to only reducing a sentence and not increasing a sentence to beyond the prescribed maximum.

Both the accused, first-time offenders, were sentenced to the maximum period of 12-months direct imprisonment, suspended for 5 years, subject to an equal term of 12 months community service being served at the Cape of Good Hope SPCA under the watchful eye of our own Chief Inspector, Jaco Pieterse.

We hope that by undertaking the oversight of the community service , we will be able to witness true reform in this instance. This will ensure the compassionate treatment of every animal that crosses the path of the offenders in the future. We also hope that this outcome sends out a strong message to those who choose to take the law into their own hands. There is no excuse for animal abuse.

Our prosecuting inspector Siviwe Noko known affectionately as “The General” because of his relentless persuit of animal abusers says he is relieved that the matter has reached a guilty verdict and thanks everyone for their support and their active participation in this case!

It is your support that kept Inspector Siviwe in the Courtroom and allowed him the privilege of speaking on behalf of Benji who could not speak for himself. We thank you for your contribution and your investment in animal protection in South Africa - we couldn't have done it without you.

Yours in animal welfare

Belinda

Links:

The full Benji Story

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Jan 14, 2021
JUSTICE IS COMING! JUSTICE IS COMING!

By Belinda Abraham | Communications, Fundraising and Education Manager

Inspector Noko in the witness box

The Covid-19 pandemic resulted in the closure of our Courts located in hot spot areas and while this led to a massive backlog in the hearing of criminal matters, we are very pleased to be able to let you know that our Inspector Siviwe Noko has received notification that the trial of the two men accused of the brutal stabbing of Benji will resume later this month.

Inspector Siviwe Noko has remained steadfast in his dedication and his whole heart is invested into this horrific case - even if the system has been slow at serving up justice!

He first started investigating this matter on the 11th of May 2018 and his pursuit of justice remains as passionate now as it was then.

Thank you for continuing to support the work of this man who goes bravely where others fear to tread and who witnesses horrific suffering and neglect of animals every day of his life. Preventing animal cruelty is not an easy task. The only comfort he has, is knowing that he is able to rescue thousands of animals every year thanks to donors like you who walk beside him every step of the way.

Inspector Siviwe Noko will continue to be the voice for those who cannot speak for themselves and soldiers on firm in the belief that animal cruelty must stop. No animal should suffer.

Thank you for encouraging the heart of this man with your contributions in respect of his pursuit for justice for the animal victims of cruelty. It is because you care that he has the privlege of giving a voice to the voiceless in a court of law and this man would never want to do anything else.

Thank you for caring about an animal that you have only ever read about and thank you for investing in the punitive efforts of the SPCA's Inspectorate department. The only way we will ever see harsher penalties for the perpetrators of crimes against animals is if we remain in the court rooms! Thank you for keeping us there.

We will update you again soon with news from the frontline and hope that we can bring you news of sentencing at last.

Warm Regards

Belinda

Attachments:

A journalist documents a day in the life of Sivu (PDF)

2 Attachments

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Jul 17, 2020
COVID-19 PUT JUSTICE ON HOLD

By Belinda Abraham | Communications, Fundraising and Education Manager

Blood was coming from Snoopy's mouth and nose

Covid-19 hasn't stopped cruelty to animals but unfortunately it has slowed the wheels of justice! With the pandemic reaching a peak in South Africa and with Khayelitsha being identified as a hotspot with an escalating rate of infection, all the courts in the area have been closed.

While times are uncertain, we remain certain of one thing! Animal Cruelty Must Stop! No Animal Should Suffer - not during our Lockdown, not during the Covid-19 pandemic - not ever!

Benji's killer will get his day in court and we can't wait! In the meantime Our inspectors haven't stopped investigating cruelty and haven't stopped putting the wheels in motion that will see perpetrators of animal cruelty punished.

Snoopy is one such case. He was beaten about the head with a golf club until blood ran from his nose and mouth and all because his attacker had a disagreement with his owner. Snoopy was admitted to our hospital in the early hours of the morning following a panicked call by his owner. Our inspector tracked down the man responsible and had him arrested with the help of the local police department. Imagine our surprise when we discovered that Snoppy's attacker had just been released from jail and was on parole for murder. Based on his assault on Snoopy, our Inspector ensured that his bail was revoked and that he was returned to jail where he belongs.

We see very many acts of violence of which animals are the victims and we know it’s highly likely that perpetrator will eventually direct their violent actions towards person.This is what makes an investment in the work of the SPCA so much more than an investment in animal health and well being. Our efforts may be directed towards animal rescue and protection via education and punitive means but our work almost certainly results in kinder and safe communities for all to share.

Thank you for supporting the work of our Inspectors and for believing that every animal victim of violence also deserves to have their voice heard in a court of law. It is an honour and a privilige to be that voice for them.

We hope that Covid-19 infection rates begin to decline soon and that our courts will soon be operational again. In fact, we can't wait!

Please take care and stay safe, wear you mask and keep washing your hands. We will be back in the witness box before you know it.

Inspector Jeffrey Mfini to the rescue

Snoopy, getting lots of love from Nurse Cameron

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