Regarding the Notice for Intended Legal Proceedings Against

Statement by the Office of the Deputy Minister of Environmental Affairs and Tourism, Ms Rejoice Mabudafhasi Regarding the Notice for Intended Legal Proceedings Against her by Mr Wessels’ Lawyers 23 April 2008
Media Statement
Department of Environmental Affairs and Tourism
WEDNESDAY, 23 APRIL 2008: The Mokoena family who dwell in a wildlife estate in Hoedspruit, through the assistance of the Maruleng Local Municipality, requested Deputy Minister Mabudafhasi to intervene to resolve their conflict with Mr Johannes Wessels who owns this estate. At the centre of this conflict is Mr Wessels' refusal for the Mokoena family to bury their late father, Mr Finios Mokoena (who has died about a month ago) in his property. A few days after her intervention, the Deputy Minister was served with a notice for intended legal proceedings against her for defamation of character by Mr Wessels’ lawyers.
We received the notice for intended legal proceedings against Deputy Minister Mabudafhasi from Mr Wessels’ lawyers with shock and disappointment. We are extremely disappointed and shocked because we were expecting Mr Wessels’ legal team to give us a response on our genuine request that the burial of the deceased old man from the Mokoena family be allowed to take place without further delays. In fact, Mr Wessels’ legal representative, Mr Adriaan Vorster had undertaken to do so at our meeting on Friday last week.
Following the Deputy Minister’s instructions, we had started negotiations with Mr Wessels’ legal representative in good faith in order to address this very unfortunate situation. This was part of a process intended to resolve on-going disputes and conflicts between Mr Wessels and the Mokoena family. It is the Deputy Minister’s view that this approach was most appropriate and in the best interest of nation building, reconciliation, social cohesion and moral regeneration.
As one of the stalwarts and veterans of the liberation struggle in South Africa, the Deputy Minister nearly lost her life and endured severe hardships at the hands of ruthless apartheid agents whilst she was defending the rights of the poor and vulnerable.
Given this background and the contribution she has made for the attainment of democracy in this country, she has ever since and forever been the first person to defend the rights of vulnerable communities and poor people.
In this instance, the Deputy Minister very rightfully condemned what remains a terrible situation. She did this purely on moral, ethical and humanitarian grounds. She also condemned racism in all its forms and formations whilst encouraging the conflicting parties to respect each other’s constitutional rights to equality, dignity and respect. This was in direct reaction to the complaints she has received from the Mokoena family and other stakeholders who have been subjected to unbearable circumstances in their forefathers land.
The irony of this intended lawsuit to the tune of R1000 000 is that it creates an impression that this is the price we must pay for making an appeal that the deceased should be laid to rest in peace as speedily as possible. It may further cultivate a perception that there are very rich people out there whose aim is to accumulate wealth without remorse.
This can only deepen and worsen the trauma of an already bereaving, poverty-stricken and helpless Mokoena family whose members and friends are reeling with shock. Whenever a perception that there could be a price tag of this nature and magnitude is created, the government’s task of reconciliation could become insurmountable.
The Deputy Minister’s legal team is currently analysing the notice for intended legal proceedings with a view to reply in due course. In the mean time, the Deputy Minister is still very committed to finding a speedy resolution regarding the burial of the deceased. She has henceforth instructed her office to continue with mediation efforts that would bring this matter to an urgent and amicable conclusion.
Beyond the urgent conclusion of this burial matter, the ultimate goal of the Deputy Minister’s intervention is to reconcile the conflicting parties in an effort to demonstrate that it is always possible to unite people from diverse cultural and racial backgrounds through consultation and negotiations. The Deputy Minister is totally against actions that may further entrench racial, ethnical and cultural discrimination amongst our communities and the South Africa society at large.
As one of the leaders within the national democratic movement and a member of the National Executive Committee of the ANC, Deputy Minister Mabudafhasi is duty-bound and committed to the creation and promotion of a caring society with a sound moral fibre and a firm social fabric. She will continue to carry this mandate without fear or favour.

Issued by:
Livhuwani Matsila (Head of the Deputy Minister’s Office) Mobile: 084-671-8660 E-mail: lmatsila@deat.gov.za