A long-running battle between an Mpumalanga businessman and conservationist, Fred Daniel, who obtained an interim protection order against Deputy President David Mabuza to prevent the former Premier from allegedly trying to run him off his land in the Great Nkomazi River Valley, took a turn in the Carolina Magistrate’s Court recently when a new magistrate hearing the matter was asked to recuse himself.

This, it says, came after the magistrate, Sarel Grabe, had been seen in private discussion with Mabuza’s legal counsel, Mike Hellens SC, on three occasions prior to a hearing in February. Affidavits from witnesses to the encounter between Hellens and Grabe, including one by Daniel’s business partner, former ANC treasurer-general and Premier of Mpumalanga, Mathews Phosa, who attended the hearing, have been handed to the court.

Daniel reportedly told the DM that Grabe had been appointed to hear the matter after the magistrate who had originally issued the interim protection order against Mabuza was ‘promoted’ to a court in Polokwane.

The report points out that the alleged discussion between Hellens and the magistrate in a corridor in the court buildings and also allegedly in Grabe’s chambers would be in contravention of the Uniform Rules of the Professional Ethics and General Council of the Bar.

The case was postponed on Monday to 27 August for judgment on the matter.

Full Daily Maverick report