Mpumalanga Premier David Mabuza, has filed papers in a bid to dismiss an interim protection order obtained against him by conservationist, Fred Daniel.
Mabuza was expected to appear before the Carolina Magistrates’ Court on Monday but he did not. Mabuza’s lawyer, Advocate Mike Hellens, argued that he was not required to be personally in court.
In heads of arguments filed before Magistrate Sarel Grabe, Hellens said that the interim order granted against Mabuza on January 29 constituted abuse of the court process, was wholly unsubstantiated and was over broad.
“The respondent is the premier of Mpumalanga province. The interim order, as it stands, effectively impedes and prevents [him] from carrying out his legal, administrative and official duties,” Hellens said.
He said that none of the disputes Daniel had with government departments involved Mabuza personally. “The complainant [Daniel] used the Harassment Act and threat of final protection order to express his discontentment with certain government departments within the province and to embarrass and inconvenience the respondent,” Hellens said.
READ: Mabuza takes aim at conservationist
Daniel applied for the interim protection order against Mabuza two months after he had also slapped Mpumalanga Tourism and Parks Agency executives with a protection order – for allegedly harassing and sabotaging him by withholding permits and licences to keep the Big Five and other predators.
Daniel owns an eco-tourism and game reserve business – the Cradle of Life – in Badplaas. Cradle of Life 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.
Daniel has said that he decided to apply for the protection order because Mabuza was “playing a dirty hand behind the scenes” when he and the Mpumalanga Tourism and Parks Agency were involved in a mediation process over their decade-long disputes about three weeks ago.
These disputes also include a R1.2-billion lawsuit Daniel instituted against the agency and other government departments including Mabuza’s office.
Daniel also said that Mabuza threatened him that when he became ANC deputy president he would expropriate his land and business. Hellens however said: “Even if there’s any truth to the alleged threat [which is denied] the respondent cannot, even in his capacity as deputy president go the ANC, and singlehandedly expropriate the complainant’s land and business without consultation.”
Daniel’s lawyer, Advocate Jacques Joubert, argued that the interim protection order be made permanent because Mabuza had not personally appeared in court.
“It will undermine the purpose of the Protection from Harassment Act and violate the equality provisions of the Constitution if powerful and connected individuals, unlike ordinary citizens, are excused from appearing in court to show cause why the interim protection order should not be made a final order of the court,” Joubert said.
“A respondent who is aggrieved by the interim protection order cannot avoid his or her day in court by attacking the [order] on technical grounds”, he added.
The court will make a final ruling on the matter on April 9.
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