Horror of fire & fury: Elderly man loses everything he’s worked for

The elderly Isaiah Mogale’s protracted battle for justice while trying to bury the reminders of a waged war, allegedly fuelled by a handful of prominent community role players, and numerous incidents stemming from reported criminal conduct plaguing his farming operation outside Polokwane for years, is seeing him suing the Minister of Police for R5 million.
His story of evident loss is fraught with references to alleged death threats, malicious acts seemingly eventually leading to the loss of his property and subsequent criminal charges – against individuals perceived to have been hell-bent on driving him out of a community he didn’t belong to – that have thus far apparently gone unattended.
It was learnt that a civil claim against the Minister of Police, to answer to the alleged omission of duty, was lodged on Mogale’s behalf with the Limpopo Division of the High Court in Polokwane in December 2017.
Mogale’s attorney, who preferred not to have his name published, informed Polokwane Observer on Tuesday that the matter was nearing finalisation and that he was in the process of obtaining a court date.
In an interview with Polokwane Observer Mogale explained that some four and a half years ago his life took an about-turn from him being a small-scale livestock farmer to having lost everything he has worked for. He said by the time he finally lost the remainder of his property when his house in Bopape section of Makotopong village less than 30 km from Polo­kwane was allegedly set on fire on 21 December 2014, he had faced several attempts leading to crippling financial damages. At the time he was renting bordering portions of farming land from two land owners adjacent to where he has lived in the settlement since 2001.
He pointed out that the matter that led to a case of arson, trespassing, malicious damage to property, housebreaking and theft being reported had been the second last of a series of incidents allegedly aimed at driving him away over a period of time. The fire that gutted his house had destroyed its content, 87 heads of cattle, 81 pigs, three bakkies and two sedan vehicles, a caravan, three motorbikes and two bicycles, according to him. He related a horror story of elements of fire and fury as he mentioned that the majority of his livestock, kept in a kraal in the yard, had allegedly either been pushed into the fire, hacked to death with pangas in the kraal or killed outside in the street in front of his house that day.
The eye witnesses to the events were too scared to come forward to give testimony as they have reportedly been threatened with their lives, Mogale added. He further emphasised that a case against two suspects suspected of their involvement in the incident had been dropped while he had not received any feedback as to what happened to a second case against a third suspect.
He pointed out that he had received reports of a Police officer, a public representative aligned to the ruling party, an induna and a tribal chief having been present when a mob of community members allegedly set fire to his property, that was left inhabitable and later stripped of all fittings and vandalised. Despite that they had been identified their names cannot be published at this stage.
He continued to elaborate on further attempts to have him framed around the same time when saying he had been given bail after handing himself over to the Police upon being informed that they were searching for him three days after the fire at his house to arrest him for alleged attempted murder of a neighbour he would have shot at.
It had cost him dearly in legal fees to prove his innocence and being discharged 13 months later, he stressed.
Mogale simultaneously stressed contradiction surrounding the charge against him and actual happenings by the copy of an incident report on the fire at his house from Polokwane Municipality’s Community Safety, Fire, Rescue and Special Services division stating that a Police report cited violence that day in reaction to the home owner’s alleged killing of a community member.
Mogale took Polokwane Observer back in time to when it had all started, saying it first emanated from him chasing off community members who were chopping down trees on the first property he had rented and fenced off upon occupation in 2001. The same happened on the second farm he had leased about a decade later, according to him. Mogale stressed acts of jealousy as he elaborated by relaying incidents during which the fence to the one farm had been cut in 2006, resulting in 27 heads of cattle being hit by a train and killed. In another incident in the same year, he claimed, he had lost around seven of 17 heads of cattle that were poisoned.
It was learnt that final attempts to allegedly get rid of him had been preceded by cattle being driven onto the rented land and death threats made during public meetings in the area, one of which was reportedly attended by Police representatives in August 2014 as per his reflection of past happenings.
He moved away to Sebayeng where he originated from immediately after the fire out of fear of his life, he remarked. He is currently living in a shack in Sebayeng, it was learnt. According to Mogale he had been given two weeks after the fire to remove his belongings from the property, which belonged to him, by a public representative whose instructions had been conveyed by the Police after the first of two community meetings following the incident. He added that after a second meeting where it was allegedly remarked that an excavator would be brought in to demolish the structure he refused to return to the premises and left some his possessions at the house and farming land.
To date, a despondent Mogale emphasised, nothing had been done about any of the criminal cases he had instituted following any of the incidents he reported to the authorities. He said he had turned to the Public Protector two years ago, whereupon erstwhile Public Protector Thuli Madonsela approached the Hawks to have the arson case and related charges investigated and since three visits by a Hawks officer – whom he identified – in mid-2017 he has not received any feedback as yet.
In addition he referenced copies of documentation as proof that he took the matter to the South African Human Rights Commission (SAHRC) in Polokwane on 17 March 2016. He drew attention to follow-up correspondence by SAHRC Provincial Manager Victor Mavhidula informing Mogale on 31 March 2016 that the institution has referred the complaint to the Department of Cooperative Governance, Human Settlements and Traditional Affairs (Coghsta) and the Provincial Police Commissioner on his behalf to further assess and deal with the matter, due to the SAHRC’s limited capacity to intervene in criminal matters.
Polokwane Observer approached the department for comment yesterday morning (Wednesday) and is awaiting feedback.
When provided the case number for the case of arson and related charges for comment by the Hawks in Limpopo, spokesperson Matimba Maluleke indicated that such a matter was not being handled by them.
In response to a request for comment on the progress in an intimidation case instituted by Mogale with reportedly reluctant officials at Sebayeng Police station in October 2014 after alleged death threats made at a second community meeting in September that year, Mienkie Ramakgoakgoa of the Provincial Police Communications Centre said the case number provided proved to be for an unrelated traffic offence.

Story and photo: YOLANDE NEL
>>observer.yolande@gmail.com