Article written by Angelica Rhoda
Originally published by Cape{town}Etc, 7 October 2025
A Cape court found 38-year-old Gustigu Mthini guilty of four charges after he beat a protected Spotted Eagle Owl on the Sea Point Promenade on 16 February 2025.
The attack was filmed and shocked people who were nearby.
The Cape of Good Hope SPCA said it ‘welcomes the successful conviction and sentencing.’ The footage, witness reports and the SPCA’s investigation led police to arrest Mthini on 22 February 2025. He remained in custody until his trial.
A postmortem found that the owl had multiple fractures and later died from its injuries.
Credit: Cape of Good Hope SPCA / capespca.co.za
The court found Mthini:
- guilty of animal cruelty
- two counts of killing a protected species
- an immigration offence
The Magistrate imposed the following sentences:
- Count 1-Animals Protection Act: R2000 fine or 2 months’ imprisonment, wholly suspended for 5 years
- Count 2-Nature Conservation Ordinance: R3000 fine or 3 months’ imprisonment, wholly suspended for 5 years
- Count 3-Nature Conservation Ordinance: R3000 fine or 3 months’ imprisonment, wholly suspended for 5 years
- Count 5-Immigration Act: R2000 fine or 2 months’ imprisonment, of which R1,000 or 1 month is suspended for 5 years
The magistrate further ordered that Mr Mthini be deported back to Mozambique upon completion of his one-month imprisonment sentence under count 5.
Count 4 was withdrawn under CoCT By-Law.
The court ordered one month of immediate custody for the immigration count and that Mthini be deported to Mozambique after he serves that sentence.
Chief Inspector Jaco Pieterse, who led the case for the SPCA, said: ‘This is a victory for the animals we serve and protect.’ (Cape of Good Hope SPCA) He thanked the Sea Point CID and members of the public who shared footage and information that helped the investigation.
The SPCA asked people to report cruelty if they see it and to help protect the city’s wild animals. The organisation said the outcome sends a clear message that those who harm animals will be held to account.
