Wild horses just can't be dragged away

WILD horses are causing a stir on Boschendal estate near Franschhoek.

The owners of the posh estate are desperately trying to get rid of them. The entire herd of 40 animals was auctioned off for R150 after being "attached" by the sheriff of the court.

But efforts to catch all the horses after the auction have proved fruitless. Many of them are still roaming the estate.

The drama follows a legal battle between the estate and local businessman Sammy Myburgh, who says he owns the horses.

He is livid about the auction and has threatened to lay charges of theft against Boschendal.

The herd is made up of animals that apparently are the offspring of a stallion and a mare owned by Myburgh. The animals grew too numerous for him to control. They now roam freely in the foothills of the Groot Drakenstein mountains and jump over fences when approached.

Apart from causing a nuisance, they roam on Boscheldal land earmarked for development. They pose a health hazard - and a distraction - to thoroughbred horses at nearby stud farms.

Boschendal's company secretary, Arthur Schoeman, this week said the estate had tried to get rid of the horses for years. Myburgh, however, claims he had an agreement with Boschendal's previous owner, who did not mind the horses wandering on his property.

The standoff landed in the Paarl Magistrate's Court last year and Myburgh was ordered to remove his herd. When he refused, Boschendal filed for contempt of court and had the horses attached to cover its legal costs.

Unfortunately for the estate, the herd fetched only R150 at an auction this month - because a condition of the sale was that the buyer take responsibility for catching the horses.

Boschendal is flanked by top horse-stud farms, including L'Ormarins, owned by tycoon Johann Rupert, and its directors include ANC bigwig Chris Nissen.

Myburgh is a semi-retired businessman .

Boschendal confirmed the sale of Myburgh's horses and said this had been a last resort.

"He allowed them to roam on Boschendal land. We had numerous meetings with him and addressed a number of letters to him asking him to remove his horses. He undertook to do so," said Schoeman.

The subsequent court action made no difference, prompting a warrant of execution against Myburgh's moveable property - the horses.

A furious Myburgh said he intended laying a charge of theft against Boschendal. "I am not just thinking about it, I am busy with it. How can they sell all those horses for R150? They didn't even notify me."

Schoeman said Myburgh's legal threat had no foundation.

"Boschendal never took ownership of the horses. The horses were attached by the sheriff and sold by the sheriff at a lawfully arranged sale in execution."

The horse auction attracted only two bids.

The successful bidder, Ezra Maphisa from the Eastern Cape, thought he had landed a bargain until he realised he could not catch his R150 herd. He then asked a neighbouring horse breeder, Karin Koep, for help.

Koep rounded up half of the horses, which promptly broke free and ran back to Boschendal. Only about a dozen horses were left in captivity in a large paddock this week. Koep wants to buy the horses from Maphisa - but has to catch them first.

Schoeman is confident Koep will move the horses off the estate "as soon as possible".

Although the animals' future now lies in the balance, local horse breeders have welcomed Boschendal's move because of the problems associated with a wild herd living in a horse-breeding area.

The herd has not been vaccinated and is almost impossible to monitor for African horse sickness.