{ hearer! aby Como wih of 8 iy < a * Mpumalanga = TOURISM AND PARKS AGENCY Reference: Mr F Daniel Telephone: 013 - 7595342 CHIEF EXECUTIVE OFFICER SUBJECT: Mr Fred Daniel Nkomazi Dist Badplaas. 4, PURPOSE To inform the CEO on the background on the recent developments regarding Nkomazi 2, BACKGROUND AND DISCUSSION nding esiming ‘On the 3" November 2007 Mr EF Rohm of the Game Capture Unit of MTPA saw a leopard in a cage on the premises of Mr Fred Daniel on the farm Cambalala in the Carolina district. After consultation between Mr Rohm and Mr Muller regarding permits it was decided to send Mr Johan Coetser and Boy Diadla of the Ermelo District Office to investigate. ‘On the 5" November 2007 after obtaining a search warrant from the magistrate in Carolina MTPA staff entered the farm Cambalala known as Nkomazi Wilderness. They found the following game being kept in captivity without the necessary permits: 6 x leopards 2x cheetahs 5 x African wild dog 4x caracal 2xservals 4 x spotted hyena 4x brown hyena 3x African wild cat (crossbred) 24 x indigenous ducks of various species 8 x ground squirrel These animals were then confiscated and a case docket was opened BADPLAAS CAS. 17/41/2007. The animals were left on the farm to be looked after and kept in safe keeping until such a time that they could be removed. Factors influencing the removal of the case exhibits were a Private Bog X11398 Nelspruit, 1200, N4 Neatcnal Rood, Hall's Gateway, Mastin "es +27 {19}. 759 8300/01 Fe +27 [13] 785 9928 Reernton: $27 (13) 7598482 ‘wer mpunolonga.comxi ¢ rN Mpumalanga = TOURIS AND PARKS AGENCY safe and trustworthy place to keep them as a group and the availability of the equipment and staff to do the removal. ‘An understanding on this matter was reached between the MTPA and the Daniel legal team, this was not a formal agreement but a temporary measure. Meetings were held between MTPA and the Daniel legal tam as well as the State Prosecutor and MTPA. During the investigation the Organised Crime Branch, Provincial was brought on board as well as a specialist prosecutor, Information received from an informant led us to believe that there were G lions kept illegally in a cage on the farm. This information was followed up on the 23/05/08 with the use of a helicopter but we could not find the cage or lions. This also included 14 crocodile and 5 hippos. Information then obtained from staff on the farm led us to believe that the crocs and hippo were already released into the river system. Mr Daniel then complained to the Premier. Information obtained then led us to believe that Nkomazi Wilderness was being sold and that ‘the case had been before the Competition Tribunal on 7 November 2007, documentation available. ‘A meeting with Mr Bruce Main on 28/05/08, the acting manager on Nkomazi Wilderness for Dubai World confirmed this. The official day of take over by Dubai World was set for 4/08/2008. According to Main everything on the farm was taken over by Dubai World including our exhibits. This was against the documentation that Johan Coetser gave Mr Daniel on the original seizure. MTPA staff was then totally removed from investigation and the investigation was taken over by the Organised Crime Branch. On 14/06/08 MTPA staff were authorised again to assist in the investigation and removal of the game. ‘On 18/06/08 Sup. L Kritzinger obtained a second warrant to enter and confiscate game ‘without permits on Nkomazi Wilderness. ‘The following game was then removed and taken to Rhino and Lion Park in Krugersdorp: 2 xleopards 2x cheetahs 4 xcaracal 2xserval 4 x spotted hyena 5 xwild dogs Allanimals removed were marked with Identipet micro chips. One of the leopards was an old ‘male that was in very poor condition. This male was then put down on the recommendation of the state wildlife veterinarian helping that day, Dr du Plesis. Due to the size of the cages 4Mpumalanga = TOURSM AND PARKS AGENCY leopards could not be captured, but staff of MTPA fed them and managed to capture 1 male after luring it into a smaller enclosure on 21/06/08. On the request of Mr Main it was decided that the capture would be postponed until 25/06/08, the reason they gave was because they had senior Dubai World management staff there on 22.— 23/06/08 On 23/06/08 we applied for TOPS permits from DEAT for the next operation on 2/06/08. On 24/06/08 the SAPS receives the first High Court interdict against the removal of the game! An urgent court hearing date was set for 22/07/08. Case # 29652/08. A state attorney was appointed by SAPS on 26/06/08 Mr P Cavanach and thereafter an SC Advocate A Ferriera. A second interdict was received Case # # 32267/08. Many meetings were held between legal counsel and ten respondents. This was in the Urgent court. An understanding was reached between both the parties that both the cases would stand down unti! Tuesday the 29/07/2008, lest the Honourable Court decides differently. The reason for standing down for a week was to give all parties involved the chance to finalise the documents of the second case # 3267/08. On Tuesday the 22/07/08 the cases were in court but then the judge found that he wants to hear the matter. The case was then placed for Thursday 24/07/08. On Wednesday 23/07/08 at app 15h20 the state attorney Mr P Cavanaugh phoned Mr De Beer and asked that he must attend the hearing and bring the original statement of Mr EF Rohm (MTPA) to cour, only a faxed copy was in the possession of the state attorney. On Thursday 24/07/08 Mr De Beer attend the High Court in Pretoria, the matter was heard by Judge Preller in court 6B. The judge wanted both parties to come to and agreement but that could not be done. Right from the start the judge said before hearing any evidence that the animals are going back to the farm Cambalala. He stated that he believes that the animals are not in their natural biome even and that they would be happier back at home. He further more stated that he did not read all the documents as supplied. He was then asked by the state attorney to at least read the state case preamble. The court then recessed for lunch, After lunch both parties were in chambers with the judge. After their return the cases, # 13 and 16 were finally heard and a disputed case was registered. This meant that another date was set to hear the disputed case for the 2 February 2009.se, oy Mpumalanga = TOURSM AND PARKS AGENCY The judge then gave an order that the animals confiscated on 18 June 2008 must return to the farm Cambalala No 765 JT, Mpumalanga. The applicants were empowered to do the relocation on their cost and equipment. The animals must be held and looked after by both the applicants pending the finalization of the criminal proceedings against the second applicant, on the farm Cambala. This means that the animals are kept on the land of Dubai World, with a possible implication to them with the registration of their farm as a Nature reserve under the Protected Areas act. ‘The first respondent (MTPA) has all the statutory rights in terms of the various acts for inspection etc. on the animals. It must be kept in mind that these animals are stil exhibits ina criminal case and are not to be viewed as animals that now suddenly need permits in a rehabilitation centre. This move back to Daniel might also be a temporary one until the 2 February 20097 This will furthermore create trouble for such cases in future on the same basis. The movement of the animals back to Nkomazi took place on 30/07/08 and was monitored by Mr Johan Coetser of MTPA, Secunda office and a state veterinarian Dr Melinda Hansen. ‘An unfortunate Incident however took place the previous night where 3 wild dogs were killed ina fight that broke out amongst them. During the case in court the BEELD reporters were there and Mr Daniel spent nearly 3 hours with them. While all this was going on Mr Daniel threatened a number of people to get Information, all these people are state witnesses in the criminal case and another case was opened against; SECUNDA CAS 230/06/08. Mr Daniels legal team has given the investigating officer an under taking to supply a warning statement of their client but till today no such statement is forth coming. The criminal case was again in court on the 16/10/08 and was postponed. Further information leads us to believe that there are 2 private Investigators hired to investigate the lives and history of three MTPA officials for the purpose of removing them. This has been communicated to the criminal case investigator and state prosecutor. Nkomazi Rehabilitation Centre On the 2 August 2007 an “application” (a letter referring to Re: The Cradle of Live and Rehabilitation Centre.) for a rehabilitation centre was made with the MTPA consisting of a CV of Prof. Wouter van Hoven from Pretoria University and a veld assessment of the plants on the Nkomazi farms. After perusing the CV I found very little that I could use towards an application for a rehab centre.Mpumalanga = TOUHISM AND PARKS AGENCY We replied to Nkomazi wilderness on 12 September 2007 with a letter and fax stating that we needed a lot more information as this application was totally insufficient. According to us the ball was now in their court. On the 24 October 2007 a meeting was held between the MTPA and Grand Valley Estates where Mr John Allen, Richard Spoor and Henk Roelofse were present. We explained to them that a CV from prof. van Hoven was not sufficient for a rehab centre application and a more comprehensive application is needed, At the meeting the MTPA again committed them selves to support all approved Conservation projects. The possibility of a big 5 reserve was discussed and the MTPA undertook to look at Such a proposals. In this meeting they blatantly withheld information concerning the status of the animals on Nkomazi knowingly that a lot of animals are kept in cages in captivity. illegally, ‘On the 20 August 2007 we received an application for the introduction of elephant to Grand Valley Estates. After evaluation of the request and the inputs from Scientific Services in principle approval was granted to introduce elephant on the 2 October 2007. It needs to be mentioned that with this approval for 4 of the big 5 were allowed on Grand Valley Estates. Rhino, buffalo and leopard did already occur on the Estate, We never received a formal Fequest to introduce lion, On the 22 December 2007 we received a formal application from Richard Spoor Attorney on behalf of Grand Valley Estates for the keeping of animals in captivity, to release animals kept in bomas and for a Wildlife Rehabilitation Centre. (All animals confiscated in the criminal case) We acknowledge receipt on 21Jan 2008 but clearly indicated that the animals were subject to the court case and that since no reference to the origin of the animals could be obtained from the applicant the animals could not be considered for keeping as well as. releasing until the case is finalized and the origin confirmed. They appointed Mr. Dons Claasens to draw up their rehab plans and Mr, Duard Barnard as new advocate to deal with the applications. After numerous letters and e mails corresponding with various parties and legal representatives we eventually came to an understanding on the rehabilitation permit and a permit was issued to them in October 2008. ‘The first animals they requested to put onto the permit were the leopards, Hayenas, wild dogs and cheetahs. Again proof that it was never really about a rehab but purely trying to legalise the animals which Mr Fred Daniel brought in illegally in the first place. ‘We now also have a letter and application for an Animal sanctuary as well as a zoo.Mpumalanga = TOURSM AND PARKS AGENCY PROCLAMATION AND MANAGEMENT AUTHORITY STATUS OF NKOMAZI WILDERNESS Proclamation: ¢ Meeting was held at Nkomazi on 22 November 2000 regarding the proclamation and attended by R. de Lange from the MPB. + Application from F. Daniel for the proclamation was received in November 2000, the letter was not dated. + Letter of receipt dated 23 November 2000 was submitted by R. de Lange and faxed to Mr. Daniel. « Letter from Nuplan Development Planners dated 17 January was received indicating that the applicant would not introduce trout (exotic species) in the natural water ways as discussed on 22 November 2000. + Cover letter of recommendation from R. de Lange dated 10 April 2001 was submitted to A. Sibiya, Acting CEO MPB, with the relevant proclamation notice and submission to the MEC, * Submission was hand over to the Office of the MEC and the notice was signed on7 June 2001. ‘+ The proclamation was submitted to the Government Printers on 3 August 2001 to be Gazette. * Gazette 750 of vol. 8 dated 10 August 2001, Official Notice 19 of 2001, described the prociamation of Nkomazi Wildemess. © Aletter dated 5 July 2001 was submitted to C.de Beer of the MPB by NTULI NOBLE & SPOOR, Attomeys & Conveyancers on request of MEC Candith Mashego regarding land claims on the property named Nkomazi Wilderness. Management Authority: « Letter undated was received from A. Stark, Chairman (Regional Tourism Organization based in Ermelo) requesting assistance with the appointment of Nkomazi as Management Authority of the proclaimed reserve from “your department” not indicating to which or to whom it is addressed. + Copy of letter received from A Stark dated 24 July 2006, indicating a request from Adv. Henk Roelofse to A Stark on behalf of Mr. Daniel to see to the assigning of Management Authority status of Nkomazi by the MEC. * A undated letterhead with the beginnings of a letter to Grand Valley Estates (Pty) Lid owned by F. Daniel was received from the department via Abe Sibiya's office as an attempt to register Grand Valley Estates (Pty) Ltd as the Management Authority for Nkomazi Wilderness.Mpumalanga = TOURISM AND PARKS AGENCY + Follow up letter from J. Muller of MTPA to F. Daniel requesting more information regarding the status of the land and land claims followed. * Formal application from F. Daniel dated 15 August 2006 followed requesting Management Authority status and “the proposed application for a Special Nature Reserve” + Resolution dated 24/08/2006 Included minutes of meeting by Grand Valley Est. nominating F. Daniel & H. Roolofse as suitable persons for the application of Sec 39 of the Protected Areas Act. * During September 2006 various correspondence/E mail and telephone calls were ‘exchanged between L. Steyn (MTPA) and adv. Roelofse to formulate a Management Authority Agreement. Final draft agreement and notice (Appendix 2) was done on 4/10/2006 and agreed upon by adv. Roelofse. * On 23/10/2006 L. Steyn submitted the finalized document ( appendix 1) signed by J. Muller, Senior Manager WPS and B. Malaza from Legal Services to A. Coetzee, GM Biodiversity Conservation with a submission letter (appendix 3) to the CEO . A. Coetzee to submit to EXCO and forward to the office of the MEC on Approval. + E mall dated 02/11/2006 from L. Steyn to H. Roelofse indicating that the document was submitted to the Office of the CEO, Mr. Mosidi and to the MEC. * No further correspondence followed and this office did not receive any recognition of receipt from the office of the MEC. This was followed up with Mr. Coetzee with no result. Italso came to our attention during meetings that the purpose of the sudden request for Management Authority status was to allow the owner to prevent officials and other organizations like Eskom, neighbours and local community members from entering or traversing the property. It was made clear by this office that officials have certain powers as well as other organizations and that servitudes needs to be honoured. omen? | Cemoved is office found dealing with Nkomazi Wilderness difficult as there was a continuous moving goalposts. The reserve was proclaimed and then an application was received to have Exemption i} Dd. { which is only for hunting farms, this was however issued. , This office was never formally made aware of what was planned, like the approval for a Rehab or keeping of game in captivity, and of the sale of the property. Ona regular base the applicants for the permits changed as different companies were made use of. This confuses applications as there need to be a representative nominated. Various legal representatives were made use of and itis difficult to obtain their mandate from the applicant, The same applied for the nomination of a person on the reserve to be issued with an approval permit to act on behalf of the reserve..~~ XY Mpumalanga = FOURISM AND PARKS AGENCY Recommendation: This office recommends that due to the involved nature of the above that a formal briefing ‘session be held to inform the CEO and Board on the issues at hand, Further to the above there are other Government Bodies involved and that a combined experienced legal team be assigned to deal with the matter, Hope you will find the above in order. JJ Muller Senior Manager Wilditfe Protection Date: 24 November 2008 R Ngwenya Manager: Biodiversity Conservation DATE: