VN June 2023

Vetnews | Junie 2023 33 The veterinarianwould have then examined the animal/s culminating in a report with their findings and opinion included. The veterinarian’s report must be based on the offences in the APA. The veterinarian may ask the inspector for assistance in navigating the provisions. In many cases, the report is accepted as evidence by the court, provided it is in the form of a sworn affidavit and provided all the parties agree. InDr Marock’s experience, the report (in the formof an affidavit) is often accepted into evidence. However, sometimes the prosecutor requires the veterinarian to be led in testimony, or the defense may wish to ask questions related to the veterinarian`s findings. The prosecutor may request that the veterinarian give further evidence before sentencing if found guilty. Sentencing is the phase when aggravating and mitigating factors are presented. Veterinarians at this stage may be required to answer questions determining how severe the punishment for the cruelty inflicted should be. Offences commonly committed against horses, donkeys, and mules. The offences outlined in the APA are clearly listed and provide the framework for animal protection in South Africa. However, other Acts and their regulations and rules provide related protections, such as the Sexual Offences and Related Matters Amendment Act No. 32 of 2007 and Meat Safety Act No. 40 of 2000. Horses, donkeys, and mules have been victims of all the provisions. Their long history of being used by human beings could be the cause for the wide variety of abuses recorded. Harvesting donkey skins by criminal syndicates to produce an eastern medicinal remedy called “Eijao” has dramatically increased cruelty. During mustering, transport, and slaughter, it is always found. Worse still is the use of very old and very young donkeys attached to carts, as the fittest have the best hides, naturally resulting in them being stolen or purchased through exploitative methods. The NSPCA has led several successful investigations, resulting in successful and pending prosecutions throughout South Africa. One such case occurred in 2021 when 101 donkeys were intercepted in Kwa-Zulu Natal. They were ostensibly taken to Lesotho by foreign nationals, where the trade is somewhat easier to conduct in terms of slaughter and smuggling. NSPCA Inspector Mpho Mokoena worked closely with the South African Police Services to obtain prison sentences for six syndicate members. They pled guilty to all cruelty charges laid against them. It would have been difficult to deny such contraventions, including cruel confinement, ill-treatment, and failure to provide treatment for illnesses which had caused unnecessary suffering. In this instance, a veterinarian assisted in the prosecution. The animals were carefully examined and treated for medical conditions, and some, unfortunately, had to be humanely euthanased, as it would have been cruel to keep them alive. Her report was extensive yet concise and perfectly described the suffering experienced by the donkeys.This veterinarian’s role in upholding justice and her sense of civic responsibility in this instance should be commended. v Legal Mews