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·      Late deputy president, David Mabuza, condoned threats, and violence against an eco-tourism investor ·      The Pretoria High Court has awarded Fred Daniel R306.1 million in damages ·      Afrika Mayibuye Movement politician, Pro Khoza, also took part in the campaign to force Daniel to leave

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Sizwe sama Yende

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The only legal step ever taken against former deputy president David Mabuza, despite being painted with a plethora of corruption and murder allegations in his life, has come at a costly R500 million to the taxpayer.

Mabuza and former ANC councillor in Albert Luthuli Local Municipality (Carolina), Pro Khoza, featured prominently in the damages claim that nature conservationist, Fred Daniel, brought against government departments about 15 years ago.

Daniel’s fight against Mabuza began around 2004 when he stumbled on a land sales racket when he was purchasing farms in the Emanzana (Badplaas) area of Mpumalanga to establish his Big Five eco-tourism project.

He exposed how a middleman bought white-owned farms and resold them to the Mpumalanga Land Claims Commission at inflated prices for land reform purposes. Daniel turned down overtures to cash in from the scam.

The Pretoria High Court heard how crowds were bussed to Daniel’s property to threaten and intimidate him to abandon the project and leave.

Realising his resilience, government departments under Mabuza’s premiership such as the Mpumalanga Tourism and Parks Agency (MTPA) also began frustrating Daniel’s project by raising baseless allegations of violation of environmental laws and game permits.

Daniel eventually sold everything and left Mpumalanga in May 2019 after being advised that his life was in danger. He went ahead with his lawsuit.

Retired judge Neil Tuchten awarded Daniel R306.1 million in damages with mora interest of 11.5 per cent annually effective from November 12 2024.

The payment will be split between the MTPA (R38.1 million) and Land Claims Commission (R268 million). Tuchten also ordered government to pay Daniel’s legal costs. Daniel said he spent just above R100 million.

The total cost will shoot just above half a billion rands.

MABUZA CREATED A VEHICLE TO HARASS DANIEL

Tuchten described the case as being as “being unique in our jurisprudence.”

“The wickedness of the conduct of the MTPA and the RLCC (Regional Land Claims Commission), acting in concert with other parties I have found to have banded together to oppress Mr Daniel and drive in from the district, is profound,” said the judge.

The court heard that Mabuza created the Greater Badplaas Land Claims Committee as a vehicle to threaten, harass and inflict harm upon Daniel, his employees and property.

“Although this was disputed,” Tuchten commented, “no evidence to contradict Mr Daniel was presented by the defendants.”

On September 2 2005, a group of people were bused and assembled at the Cradle of Life project. Some of the protestors, according to Daniel’s evidence, were previously sentenced for poaching.

“They brandished pliers and made threats to cut the project’s fences. The protestors’ position was that there were claims over the project’s land had been gazette and the land belonged to the claimants,” Tuchten said.

On August 2 in 2008, another march was staged at Daniel’s property, but, strangely, an instruction was issued to police not to attend because it was a political event.

More than 100 people attended and they were bused from Middelburg. “Attackers said they had come to arrest Mr Daniel and demanded that he leave and give up the project.”

LEAVE AND I’LL PROTECT YOU

Mabuza, who was MEC for Agriculture at that time, attended this march and addressed the protestors “telling them that the land was now theirs and they would get it.”

After this march, Daniel spoke to Mabuza telephonically. “[Mabuza] told him that he must accept that the lands of the project were under claim and must sell to the Ndwandwa Trust. Mabuza said this was the only way he could protect Daniel,” Tuchten said.   

Daniel applied for interdicts against marchers and individuals cutting his fenceS. The violence abated but he the had to deal with government officials. When Mabuza became premier, MTPA officials inundated Daniel with notices to close the place. 

POLICE HELD HOSTAGE

Khoza, according to Daniel’s evidence, arrived at a scene after his fence was cut and admitted he did it because he was not prepared to walk through the gate.

Khoza was one of the founding members of Umkhonto weSizwe Party in Mpumalanga, and has followed Floyd Shivhambu to the Afrika Mayibuye Movement.

“Later he and a mob of some 40 persons held the police at the Badplaas police station hostage and told the police that they were not permitted to investigate Mr Daniel’s fence cutting complaints. The police had to call in reinforcements from Machadodorp to deal with this mob. Mr Khoza was arrested, charged, and sentenced arising from this incident.”

On a second incident, the police found Daniel, a police officer with two teenagers who had passed through his fence after it was cut. “At that stage Mr Khoza, arrived on the scene. Mr Khoza was extremely aggressive, swearing and arguing with both Daniel and [the officer].”

Khoza organised a group that went to the police station where he jumped over the counter and assaulted the police officer.

Khoza said that Daniel was bullying people. “He was untouchable and had connections. We wanted justice. I sat with Daniel two or three times trying to knock some sense into him. He’s a monster. He might have won the case but that doesn’t take away the fact that he’s a monster,” he said.