‘They saw biodiversity as a cookie jar’: David Mabuza reported to NPA in R35bn ‘land scam’

Just as President Cyril Ramaphosa’s fate hangs in the balance with the Phala Phala farm scandal, his deputy David Mabuza has been reported to the National Prosecuting Authority (NPA) in an alleged R35-billion land scam.

An affidavit names the deputy president on a list of 13 individuals behind a land restitution scam and the selling of hunting permits to pocket from the slaughter of “problem animals” in Mpumalanga.

The criminal complaint, submitted to the NPA’s Investigating Directorate (ID) by Organisation Undoing Tax Abuse (Outa) on Monday, relates to the era of Mabuza as the ANC’s strongman in Mpumalanga.

ALSO READ: Man named in Phala Phala report ‘not aware’ buffalo belonged to Ramaphosa

Racketeering

The referral requests that Mabuza and others be charged under the umbrella offence of contravening section 2(1) of the Prevention of Organised Crime Act (POCA), which refers to racketeering activities, in that they acquired or maintained, directly or indirectly, interest in or control of the following criminal enterprises.

This in the form a land restitution scam, involving obtaining beneficial control of vast tracts of land, sometimes fraudulently, and selling the land at inflated prices to the land claims commission as well as a Problem Animal Fund enterprise, which generated income by killing wildlife and aiding and abetting the land restitution scam.

ALSO READ: Concerns over Mabuza taking over from Ramaphosa is just ‘fearmongering’ – Malema

Offences committed are believed to include: defeating the ends of justice; theft; fraud; perjury; contempt of court; intimidation; extortion; and conspiracy, incitement or attempt to commit offences listed in POCA.

Damage

Wayne Duvenage, Outa CEO, said their interest in the matter was the damage done to the economy because of corrupt interests.

“Outa’s interest in this complaint is the damage done to the South African and Mpumalanga economy because of corrupt interests in land restitution and the wildlife sector in Badplaas,” he said in the affidavit.

In 2015 judge William Heath described the loss to the local economy of Badplaas due to this alleged scam as destabilising to the local rural economy, causing loss of investment confidence and damages amounting to over R35 billion, loss of more than 6 000 local jobs in an area with a 75% unemployment rate.

Whistle-blower

The case largely revolves around the claims of corruption raised over several years by conservationist and whistle-blower Fred Daniel but, though extensively exposed, was never investigated, Duvenage said.

The evidence in Outa’s referral comes from court records in Daniel’s civil action against the Mpumalanga Tourism and Parks Agency and others in the Pretoria High Court, over the loss of his 39 000 hectare nature reserve.

ALSO READ: Mabuza slams Zondo commission over Gupta lieutenant phone call allegations

Mabuza is not cited as a defendant in this litigation but Outa said his shadow loomed over this case, which was filed in 2010 and finally went to trial in August 2021.

Six police case dockets have since gone missing in this matter, which Duvenage said pointed to a high level cover-up of evidence of corruption.

Daniel’s multi-billion rand conservation and eco-tourism project, the Cradle of Life Project, was allegedly targeted in the land restitution and the wildlife sector corruption

Land scam

According to the complaint, the land restitution scam involved buying up farms and selling them to the Mpumalanga Regional Land Claims Commission (MRLCC) at vastly inflated profits.

The costs were then claimed from the national Department of Land Affairs, supposedly for communities of thousands of land “claimants”, despite the fact that no legal claims were registered for those farms.

ALSO READ: Mabuza accused of paying R2.5m for his dirty work to be done

In 2008, Mabuza, then an MEC, set up the Greater Badplaas Land Claim Committee, which Outa believe was used to intimidate Daniel as part of a land grab.

“Local police were assaulted. Daniel’s business partner was also assaulted, allegedly while Mabuza watched,” Duvenage said.

Killing ‘problem animals’

The Problem Animal Fund enterprise exploited the province’s biodiversity by monetising the killing of so-called “problem animals”.

This was done through selling hunting permits to the highest bidder, which involved repurposing the Wildlife Protection Services (WPS) of the Mpumalanga Tourism and Parks Agency.

The Fund allegedly operated against Public Finance Management Act (PFMA) controls, with proceeds of the permits issued paid into the fund.

ALSO READ: Deputy President David Mabuza’s political career in limbo?

“This conflict of interest and lack of oversight by the PMFA kept the criminal enterprise alive… They saw biodiversity as a cookie jar,” says Duvenage.

Investigating Directorate spokesperson Sindisiwe Seboka confirmed receipt of the complaint, saying it was being considered.

Penalties for convictions on offences in POCA’s section 2(1) are fines of up to R1 billion or imprisonment up to life imprisonment.

NOW READ: Mabuza denies involvement in fraudulent Mpumalanga land deals