Protection order judgment involving David Mabuza to be appealed
Fred Daniel, a local businessman, is appealing a Carolina Regional Court judgement in terms of which his protection order application against deputy president David Mabuza was dismissed.
CAROLINA – The judgement was passed last Monday following the court’s prior granting of an interim protection order, as applied for by Daniel.
Advocate Jacques Joubert explained why he wanted a protection order against Mabuza.
“My client made use of the Protection from Harassment Act because the Hawks failed to protect him against a land claim racket in Badplaas.” According to Daniel, a decades-long battle has been ongoing between him and Mabuza after Daniel had exposed fraudulent land claims worth millions of rand.
Magistrate Sarel Grabe set aside the interim protection order against Mabuza and held Daniel liable for all the legal costs of the application.
Grabe said in court that Daniel did not place all relevant evidence before the magistrate which had granted the initial interim order.
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Therefore, Grabe said Daniel did not act with utmost good faith. Acting in utmost good faith was a prerequisite for the requirement for the ex parte order initially granted. An ex parte order is granted in the absence of the party against whom it is sought.
Grabe added that he was of the view that Daniel obtained the interim order not because he genuinely feared for his or his family’s life, but rather for an ulterior motive to use it as a tool to further other litigation.
Daniel previously tried to recuse Grabe, who was presiding over his application. Three affidavits by Dr Mathews Phosa, Don Shirley and John Allen stated that these witnesses had seen Grabe on three occasions speaking privately to Mabuza’s advocate at the time of previous court proceedings on February 19.
The witnesses stated that they were seen talking privately to each other, once in the passage, and twice in the magistrate’s chambers. Daniel alleged that this was an irregularity, but Grabe did not recuse himself from the case.
Daniel said he will appeal Grabe’s judgement. Daniel will also place Grabe’s decision not to recuse himself on review.
“I was advised that the effect of the High Court appeal and review would be that the interim protection order remains in force,” he said. “Daniel’s reasons for disagreeing with Grabe will be set out in court papers and made available to civil society online,” said Joubert.
Daniel owns an ecotourism and game reserve business, the Cradle of Life, in Badplaas. It does scientific research and educational projects that aim to protect biodiversity.
He also breeds endangered species such as tigers, as well as white lions, brown lions, pumas and hyenas.
Joubert said the decision by Grabe has left Daniel, his family and employees vulnerable to further harassment by the racket.
Mabuza’s spokesman, Thami Ngwenya, said the deputy president welcomed the ruling of the court.
