Durban - A prominent policeman from the Pietermaritzburg stock theft unit, Lieutenant-Colonel Frederick van Tonder, was ordered by the city’s high court on Tuesday to stop harassing, intimidating, making defamatory statements and interfering with a cattle farmer’s business in the Midlands.
Judge Rishi Seegobin granted the order which was unopposed. The policeman was not present or represented in court.
Heamedlall Sewraj, who owns Noncheza Farm at Lions River, alleged Van Tonder had been harassing him since 2002 when he started his cattle and goat farming operation. He said in court papers that on two occasions in 2003, cattle had been confiscated by the unit, under Van Tonder’s command.
In May that year 155 head of cattle had been seized and Sewraj and his brothers had been charged with stock theft. The charges had later been withdrawn.
Forty-six head of cattle had been given to complainants who alleged the cattle had been stolen from them - this without a trial to prove the cattle belonged to them, said Sewraj.
He later sued the national director of public prosecutions for unlawful arrest and damages suffered as a result of the seizure of the cattle. That case was still ongoing.
In September 2003, 134 head of cattle were seized. One hundred and twenty-three head of cattle were returned on that occasion. But many were sickly or in a poor condition, resulting in his again suing the national director of public prosecutions for damages regarding the poor condition of the animals. This case was settled and Sewraj was paid R300 000 in damages.
Sewraj said that on March 10, this year, he counted his cattle and there were 520 head. Later in the morning, he noticed six horsemen rounding up cattle from the field where they had been grazing.
“My herdsmen told me that the Pietermaritzburg stock theft unit was rounding up my cattle and removing them from the farm.” The cattle were taken to a piece of land next to the grazing field. Van Tonder had ordered that the cattle be moved.
When Sewraj asked Van Tonder and a warrant officer why they had removed the cattle without his consent, he was told it was not needed.
Eventually, when he moved the cattle back to the grazing land, 43 of the animals, valued at more than R400 000, were missing.
Also, in March, officials of the national Department of Agriculture and Forestry came to the property to investigate overgrazing, a complaint allegedly received from the unit.
Sewraj said the complaint was found to be false.
He added that his customers had often been harassed by the policeman, which had had a detrimental impact on his business.
Police spokesman Constable Mthokozisi Ngobese said the cluster commander, Lucas Ngobeni, had been unaware of the order.
“We will follow it up with the court and the member concerned.”
The Mercury