The office of the state attorney in South Africa has drawn criticism for its reluctance to pay cost orders totaling around R700,000 to conservationist Fred Daniel, following a landmark court ruling against state-sponsored corruption. This delay, amid a government appeal of a R306-million damages award, has led Daniel to enforce asset seizures from the Mpumalanga Tourism and Parks Agency. Internal emails reveal ongoing pressure to settle the payments.
In September 2025, the Gauteng Division of the High Court in Pretoria awarded conservationist Fred Daniel R306-million in damages in case number 34502/2010, ruling that former deputy president David Mabuza, who died in July 2025, was a primary architect of a state-sponsored 'land claims scam.' Judge Neil Tuchten described the defendants' actions as weaponizing law enforcement and regulatory mechanisms to persecute Daniel. The judgment was hailed as a historic victory against corruption, but the government announced its intention to appeal in late November 2025.
The Mpumalanga Tourism and Parks Agency (MTPA) had earlier stated the case was 'not affordable,' citing over R15-million in legal fees. Despite this, the appeal proceeded. Separately, Daniel secured three cost orders totaling around R700,000, dating back to 2019, for interlocutory applications including discovery and recusal attempts.
Internal emails from the Department of Justice and Constitutional Development show acting solicitor-general Felix Mbeki pressing state attorneys Isaac Chowe and Simon Mosito on 3 February 2026 for updates on payments, amid media scrutiny. Mbeki noted repeated contacts from Daniel's attorney since August 2025. On 26 February 2026, Mosito acknowledged the outstanding payment and promised action after technical issues were resolved. By 5 March, the matter was marked for urgent payment.
'For six months, they have been using every trick in the book not to pay the taxed costs,' Daniel said on 6 March 2026. 'And suddenly, it’s as if the dam wall has broken. The government officials are starting to cooperate.' Payment was expected by 9 March, but by 11 March, it had not materialized, prompting Daniel to proceed with seizing MTPA assets like vehicles and furniture, stamped by the Mbombela sheriff on 19 February.
The damages award now approaches R400-million with interest and costs. Questions persist about the appeal's funding and drivers, given Mabuza's death and MTPA's financial constraints. Minister Mmamoloko T Kubayi and the department have not responded to inquiries.
'To the government, there’s no difference,' Daniel stated. 'It costs them millions to run the appeal, they could use those same funds to settle.'
