Restaurateur's TikTok stunt with beer-drinking fish lands him in hot water

When Lethabo Sebapo, also known as “Mr Eatery_za”, an entrepreneur and CEO of the Eatery Hub, a restaurant in Soshanguve 30km north of Pretoria, posted a TikTok video of himself pouring beer into a fish’s mouth, he probably expected social media laughs, not criminal charges.

But the video quickly went viral, sparking outrage and highlighting a deeper issue: South Africans’ apparent misunderstanding of animal cruelty laws and the ethical boundaries surrounding animals.

In the 20-second video, which opens with the popular TikTok slang “POV” — point of view — the following is heard: “POV: fishing. Bona, joo onyaka Sol.” (“Look, this fish wants Sol” — a brand of Mexican beer.)

In the same video, an unidentified person who appears to be the author of the video is heard saying “Lethabo, au serious.” (“Lethabo, you are not serious.”)

This is followed by laughter and “Enwa soo” (“It drinks like this”) and Biring marung (an amapiano song by DJ Maphorisa).

Many social media users expressed condemnation of Sebapo’s behaviour.

What does the law say?

The main animal welfare laws in South Africa are the Animal Protection Act No 71 of 1962, which prohibits cruelty against all domestic and wild animals which are in captivity or under the control of humans; and the Performing Animals Act 1935, amended in 2016, which requires establishments training animals for exhibitions or performance, or training guard dogs, to be licensed.

Jacques Peacock, the communications unit manager at the NSPCA, said criminal charges for animal cruelty under the Animal Protection Act (APA) are serious offences, with penalties including fines or imprisonment.

“Animal cruelty convictions may result in imprisonment or fines (both which have been seen in the past), although sentences are at times suspended in operation. However, the accused would have a criminal record and may further be prohibited from owning animals.

“Sentencing further depends on whether matters are heard in the district or regional court, and the aggravating and mitigating circumstances in terms of sentencing,” he told Daily Maverick.

In the Sebapo case, Peacock said charges would be laid in terms of section 2 of the APA.

He said, “It is concerning that people feel it is acceptable to use animal cruelty as a form of entertainment. We are disheartened that Mr Sebapo’s reasoning behind the act was for ‘fun’. We have also noticed a disturbing trend in people abusing animals for ‘content’ on social media.”

When approached for comment on the now-deleted video making waves on social media, Sebapo told Daily Maverick, “I have been advised not to comment at this time.”

Countrywide cruelty

Peacock said animal cruelty, abuse and neglect occurred across the country and across all demographics.

“Neglect of animals sometimes occurs as a result of ignorance, misunderstanding and a lack of information on how to treat or care for animals. The rise of social media platforms like TikTok is leading to people using the abuse of animals as a form of entertainment and to attract ‘followers’ and ‘likes’.”

While the latest annual report by the NSPCA does not provide recent statistics on animal cruelty cases, arrests and convictions in South Africa, it highlights some victories in the fight against animal cruelty.

Pit bull breeder convicted of cruelty

In a 2023 Roodepoort Regional Court ruling, Gershwin Perreira was found guilty of 59 counts of animal cruelty. The court imposed a sentence of R8,000 or four years imprisonment, with half the sentence suspended for five years, provided Perreira did not commit further crimes against animals during the period of suspension.

In addition, Perreira was declared unfit to own or be in charge of any dog for five years. This case stemmed from 2016 when a joint operation conducted with the South African Police Service resulted in the rescue of 16 dogs from a pit bull breeder. The dogs were found in compromised conditions, with evidence of severe scarring, indicative of cruelty.

In the same year, Kamil Gordhan pleaded guilty in the Newcastle Magistrates’ Court to mistreating three of his Dogo Argentino dogs. He was sentenced to R20,000 or 10 months imprisonment, wholly suspended for five years, on condition that he does not commit a similar offence within this period. Additionally, he was prohibited from owning dogs for 10 months.

When it comes to sexual abuse of animals, the NSPCA reported that 21 bestiality actions were investigated in 2023/2024, with 42 animals removed from their owners.

Ubuntu

Dr Sheena Swemmer, head of the Gender Justice Programme at the Centre for Applied Legal Studies at Wits University, advocates extending moral and legal considerations to animals through the principles of Ubuntu.

As a researcher and human rights attorney, her work focuses on violence against women, children and animals.

Swemmer argues that while animals currently lack constitutional rights akin to humans, Ubuntu — a moral philosophy emphasising community and interdependence — can serve as a transformative framework. She says, “Ubuntu is a moral theory that includes animals as bearers of moral status, which means having a right to have your interests realised and protected because you have value.”

In Ubuntu, the value of being part of a community transcends human boundaries, encompassing all beings capable of cooperative and caring interactions. By interpreting constitutional rights through the lens of Ubuntu, Swemmer contends, protections for animals could justifiably be added, aligning legal frameworks with this inclusive moral philosophy. DM