In a landmark ruling handed down by Judge Neil Tuchten in the Gauteng High Court on Tuesday, September 30, former deputy president, the late David Mabuza, was implicated in a co-ordinated campaign that sabotaged a major conservation and tourism initiative in Mpumalanga.

Lowvelder reports the court awarded conservationist, Fred Daniel, R306 271 000 in damages, marking one of the most significant civil judgments against state entities and officials in recent memory.

The judgment is against the Mpumalanga Tourism and Parks Agency (MTPA) and the Regional Land Claims Commissioner (RLCC) for Mpumalanga.

Daniel, founder of the Cradle of Life Nkomazi Wilderness Reserve, had acquired multiple farms in the early 2000s with the intention of developing a high-end conservation economy.

In his judgment, Tuchten said Daniel’s efforts were systematically undermined by a network of officials and politicians, with the MTPA and the RLCC at the centre of the obstruction.

According to the 181-page judgment, seen by Lowvelder, the RLCC lodged land claims over Daniel’s properties without proper investigation or legal basis. The court found that these claims were used as a tool to pressure him into selling his land to the state.

Tuchten stated: “There is the evidence of Mr Mabuza’s participation in the efforts to persuade Mr Daniel to sell to the land claims commission. Mr Mabuza was a highly influential politician in Mpumalanga during this period.”

The RLCC was described in the judgment as the vehicle for a “racket,” in which fraudulent land claims were used to destabilise Daniel’s landholdings and undermine his business operations.

The judgment

The judgment further details how his project was obstructed through delays in environmental approvals, threats of violence and the withdrawal of key investors, including Kerzner International.

The court found that these actions were not isolated, but formed part of a deliberate campaign to frustrate Daniel’s development plans.

The legal battle began close to 15 years ago, with Daniel’s original claim exceeding R1.4b. Tuchten concluded that Daniel was entitled to damages for loss of opportunity, reputational harm and the collapse of his business model.

The compensation

The total award includes compensation for financial losses and legal costs. The judgment also notes that Daniel’s claims were supported by extensive documentary evidence, expert testimony and witness accounts.

In a separate matter addressed within the same proceedings, the court dismissed an employment-related claim brought by other plaintiffs against the MTPA. The plaintiffs alleged that they were employed by the MTPA, the defendants, or a third party.

However, the court found that they had not established an employment relationship with any of the parties cited. Their claim was dismissed with costs. The judgment brings to a close litigation that has spanned more than a decade.

Tuchten, who returned from retirement to hear the matter, emphasised the seriousness of the case and the weight of the evidence presented.

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