Mabuza's "Profound Wickedness" Costs Taxpayers R500 Million in Land Claim Scandal
A costly legal battle has exposed a land sales racket in Mpumalanga, implicating former deputy president David Mabuza and resulting in a staggering R500 million bill for South African taxpayers. The case, brought by nature conservationist Fred Daniel, revealed how Mabuza allegedly created a system to harass and intimidate Daniel after he uncovered a scheme involving inflated land sales to the Mpumalanga Land Claims Commission.
The Pretoria High Court awarded Daniel R306.1 million in damages, plus R100 million in legal costs, describing the government's conduct as "profound wickedness." The only legal consequence ever faced by Mabuza, despite numerous allegations of corruption and murder throughout his career, has come at a steep price for the public.
Daniel's fight began around 2004 when he was purchasing farms in the Emanzana (Badplaas) area of Mpumalanga to establish his Big Five eco-tourism project. It was then that he stumbled upon a land sales racket where middlemen bought white-owned farms and resold them to the Mpumalanga Land Claims Commission at inflated prices for land reform purposes. Daniel refused offers to profit from the scam.
According to evidence presented in court, Mabuza created the Greater Badplaas Land Claims Committee as a vehicle to threaten, harass and inflict harm on Daniel, his employees and property.
Retired Judge Neil Tuchten commented that "Although this was disputed, no evidence to contradict Mr Daniel was presented by the defendants." He described the case 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 him from the district, is profound," said the judge.
The court heard how crowds were bused to Daniel's property to threaten and intimidate him into abandoning the project and leaving. On 2 September 2005, a group of people were bused in and assembled at the Cradle of Life project. Some of the protesters, according to Daniel’s evidence, were previously sentenced for poaching. They brandished pliers and made threats to cut the project’s fences. The protesters’ position was that claims over the project’s land had been gazetted and the land belonged to the claimants.
Realising Daniel's 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.
On 2 August 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 in from Middelburg. "Attackers said they had come to arrest Mr Daniel and demanded that he leave and give up the project."
Mabuza, who was MEC for agriculture at that time, attended this march and addressed the protesters, "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 them 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 had to deal with government officials. When Mabuza became premier, MTPA officials inundated Daniel with notices to close the place.
Daniel eventually sold everything and left Mpumalanga in May 2019 after being advised that his life was in danger. He proceeded with his lawsuit.
The payment of R306.1 million in damages, with mora interest of 11.5% annually effective from 12 November 2024, will be split between the MTPA (R38.1 million) and the Land Claims Commission (R268 million). Tuchten also ordered the government to pay Daniel’s legal costs, which Daniel said amounted to just more than R100 million.
Pro Khoza, a former ANC councillor in Albert Luthuli Local Municipality (Carolina), also featured prominently in the damages claim. According to Daniel’s evidence, Khoza arrived at the 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 the MK Party in Mpumalanga and has followed Floyd Shivambu to the Afrika Mayibuye Movement.
"Later, he and a mob of some 40 people 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.”
In a second incident, the police found Daniel and 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.
The court's ruling highlights the devastating consequences of corruption and abuse of power, and the long road to justice for those who dare to expose wrongdoing. The hefty price tag for taxpayers underscores the urgent need for accountability and transparency in land reform processes.
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