Dog cruelty acquittal sparks outrage

Mtubatuba man accused of throwing a dog into the St Lucia estuary has been acquitted

1 hour ago

Tamlyn Cramer 2 minutes read

BEFORE: Siyabonga shortly after being rescued, with the weighted rope tied around his neck

Questions have been raised over the justice system’s response to animal cruelty after a Mtubatuba man accused of throwing a dog into the St Lucia estuary with a weight tied around its neck, was acquitted.

The outcome came despite three witnesses testifying for the State; the bus driver who witnessed the incident, the boat skipper who rescued the dog from the water, and the veterinarian who examined the animal’s injuries.

“The NSPCA respects the judicial process; however, we are deeply disappointed by the outcome,” said National Council of SPCAs (NSPCA) communications manager Jacques Peacock.

“Not only did the NSPCA track down the suspect and provide the information to the prosecuting authority, but the case was also supported by direct eyewitness testimony, corroborating evidence from the rescuer, and a veterinary assessment.

AFTER: Siyabonga is now being well cared for in a loving home

“The threshold for a Section 174 discharge does not require the State to have failed on the facts; it requires only that the court find no reasonable basis on which a conviction could follow from the evidence as led.

“That the State’s case did not clear this threshold, despite the weight of the evidence gathered, raises questions about how animal cruelty cases are prosecuted and presented in court,” concluded Peacock.

Muzikayise Mhlongo first appeared in court in March on animal cruelty charges, with the matter going to trial after an 18 June appearance.

The crime

On 13 March, a witness at the Siyabonga Centre at the entrance to St Lucia saw a man kick the dog, later named Siyabonga by rescuers, before throwing it from the bridge into the estuary below.

Siyabonga had a rope tied around his neck with a weight attached to it.

One of the hippo and croc cruise boat operators pulled the struggling dog out of the water.

“The fear, distress and suffering the dog must have experienced in those moments are difficult to imagine. Had it not been seen and rescued, the outcome could have been very different,” said Peacock.

A veterinary assessment confirmed that Siyabonga had sustained injuries consistent with impact to the head, alongside signs of neglect – including a heavy parasite infestation and malnourishment – and behaviour consistent with prior trauma.

The NSPCA’s thorough investigation led them to Mhlongo’s residence where they paid him a visit accompanied by the SAPS.

In a media statement at the time, the NSPCA said Mhlongo had admitted to throwing Siyabonga into the estuary as the dog had killed his chickens.

After receiving veterinary treatment and vaccinations, Siyabonga was taken to a place of safety.

Turnaround for once-neglected dog

Siyabonga is now in good hands, and is being well cared for.

“Despite everything he has been through, Siya has shown himself to be an exceptionally kind-hearted, loving animal. He is gentle, affectionate, and a true pleasure to have around,” said Siyabonga’s carer, speaking to the ZO on condition of anonymity.

“Siya has adapted remarkably well with the other pets in the household.

“He is social, non-aggressive, and integrates easily. His loving nature remains despite his past.”

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