AfriForum helps bring axe down on lawlessness in tree-felling case
In a prime example of AfriForum’s Private Prosecution Unit’s commitment to the rule of law, its intervention led to the conviction of a man who took the law, or a chainsaw, into his own hands and cut down his neighbour’s tree on her property. The Caledon Magistrate’s Court convicted Johan Fourie of malicious damage to property for the September 2022 tree-felling incident and on 26 May handed down a sentence of R3 000 or three months’ imprisonment, suspended for five years.
Antoinette Maake approached the Unit in November 2022 after the National Prosecuting Authority (NPA) declined to prosecute the case that she had opened against Fourie, citing it as a civil matter. Following the Unit’s representations to the Western Cape Director of Public Prosecutions, the case was eventually enrolled in February 2024. After Fourie’s unsuccessful representations to the National Director of Public Prosecutions, the trial started in December last year.
Barry Bateman, Spokesperson for the Unit, says at the heart of this case is ensuring that the rule of law is upheld. “A person cannot simply enter their neighbour’s property and cut down their tree. The public cannot be allowed to take the law into their own hands, and there must be consequences for such conduct. It is precisely because the state dismisses matters like this that the criminal justice system has collapsed. Every case represents an attack on the rule of law and demands an appropriate response from the state in defence of society. Unlike the NPA, AfriForum’s Private Prosecution Unit treats every case, and every victim of crime, equally,” says Bateman.
In a letter to Chris Gouws, Senior Investigator at the Unit and the one who handled the matter, Maake thanked him for the exceptional legal representation and support provided throughout the case. “After four long years of legal proceedings and challenges, your professionalism, dedication, and unwavering commitment never faltered. From the very beginning, you handled every aspect of the matter with diligence, integrity, and a level of expertise that gave me confidence during a very difficult period. Your attention to detail, thorough preparation, and persistence in pursuing the best possible outcome demonstrated your genuine commitment to pursue justice.
“I will always be grateful for the assistance and professionalism offered to me by AfriForum when I needed help. The work that your organisation does makes a huge impact to people like me, and I don’t know what I would have done without your assistance. In the end, justice was served,” says Maake.
Maake acknowledged Gouws for consistently keeping her informed of developments and for answering any questions she may have had about the legal process. The Private Prosecution Unit prides itself on this approach, particularly in light of the collapse of the criminal justice system, where prosecutors and police investigators appear to have forgotten their roles as representatives of victims of crime.
“The successful presentation and handling of my case is a testament to the hard work, determination, and excellence of your entire team,” says Maake. “I am deeply grateful for the countless hours, effort, travel and dedication you invested in fighting for me and ensuring that my voice was finally heard as tiny as this case was. My heartfelt thanks go to you for standing by me over these four years. Your support has made a significant difference in my life and has restored my faith in human kind and the justice system.”
