R400-million ruling a 'wake-up call' for the state

NATIONAL NEWS - On Tuesday 30 September a massive battle for justice was won after 20 long, hard years.

In a case that gripped and shocked the nation, the underhanded scandalous land claim tactics and intimidation by the Mpumalanga Government, other state organs and one of the province's most feared residents, the late David Mabuza, against conservationist Fred Daniel, were revealed.

In the culmination of the case on Tuesday, Judge Neil Tuchten ruled in the North Gauteng Division of the High Court that Daniel, who lost his project and business during the course of his fight for justice, be paid in the region of R400-million in damages.

Bool Smuts, local conservationist, wildlife activist and General Manager of the Landmark Foundation, who provided his expertise to Daniel and his legal team headed by Adv Jacques Joubert, wrote the following case history and tribute on the Facebook Page of the Landmark Leopard and Predator Project, South Africa.

We share his fascinating post with our readers:

Judgment Outcome: Fred Daniel v Government and codefendants win!

Today, in the North Gauteng Division of the High Court, Judge Tuchten delivered judgment in the long-running matter brought by Fred Daniel, his companies, and partners against the Mpumalanga Government.

For the past five years, I have supported this litigation as an expert witness and adviser to the Applicant’s legal team, focusing on biodiversity governance and permit systems.

This landmark ruling comes 15 years after summons was first issued and follows years of obstruction, preliminary skirmishes and attempts to frustrate justice.

The case

Mr Daniel, through his company Grandvalley Estate (Pty) Ltd, sought to establish a world-class private protected area in Mpumalanga - Nkomazi Wilderness, covering nearly 30 000 hectares.

Instead of support, he faced systematic sabotage from government officials:

Fictitious land claims were fabricated.
Biodiversity permits were weaponised.
False criminal charges were brought and later withdrawn.
Officials and politicians actively defamed Mr Daniel and stirred political opposition against his work.

These coordinated actions destroyed his conservation project and business.

The lawsuit sought damages, plus interest and costs, from the Mpumalanga Government, the Mpumalanga Tourism and Parks Agency (MTPA), and the Regional Land Claims Commission, with evidence also pointing to interference from the late former Deputy President DD Mabuza who was a MEC and later Premier of the Province.

The judgement

Judge Tuchten ruled in favour of Mr Daniel and his companies.
The court confirmed that state actors had abused their powers, weaponised environmental and land claim governance, and acted unlawfully.
Damages, with costs and interest, were awarded to the Applicants amounting to over R400 million.

This outcome is not just a victory for Mr Daniel, but a historic affirmation that government cannot trample on citizens, conservation, or the rule of law without consequence.

Reflections

This ruling cannot bring back:

The world-class conservation project that was destroyed.
The wildlife killed or the habitats lost.
The years of personal and financial suffering endured by Fred Daniel and his family.

But it does bring accountability.

It does expose how far “government gangsters,” many with advanced academic degrees, were willing to go to protect power and hidden interests at the expense of biodiversity and the public good. It also sends a warning to others involved in similar abuses.

I personally became involved because too many others were too afraid to stand up because of their own dependence on the state permit systems.

Over five years, I offered my services to ensure this abuse of state power was challenged, particularly in the weaponisation of conservation permits and in the field of leopard conservation.

Tribute

I salute Fred Daniel for his courage, persistence, and vision. He is a true conservation hero.
I salute Advocate Jacques Joubert and the Applicant’s legal team for their tireless work, as well as the witnesses who stood firm for them in support of the truth.

A warning

This judgment is a wake-up call to state authorities.

To the government officials who participated in the destruction of Nkomazi Wilderness: your actions are on record and I trust the consequences will reach you yet while the public purse pays for your wrongful and gangster deeds.
To those across the conservation sector who self-deal in ecological assets and permits to ecological assets, who run unaccountable fiefdoms under the guise of environmental governance: you are on notice.

This judgment shows that abuse of power has consequences - and that those who stand for biodiversity and justice will not be silenced.

Bool Smuts in the Group Editors studio in George during an interview in 2024. Photo: archives