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Ragavan has asked the court to condone her supplementary answering affidavit after Gordhan had already submitted his replying affidavit. This is usually not permitted.
Originaltitel
Affidavit of acting Oakbay chief executive Ronica Ragavan
Ragavan has asked the court to condone her supplementary answering affidavit after Gordhan had already submitted his replying affidavit. This is usually not permitted.
Ragavan has asked the court to condone her supplementary answering affidavit after Gordhan had already submitted his replying affidavit. This is usually not permitted.
VAN DER MERWE &
ASSOCIATES
88 A IN THE HIGH COURT OF SOUTH AFRICA
‘087 654 0200
In the matter between:
MINISTER OF FINANCE
and
OAKBAY INVESTMENTS (PTY) LTD
OAKBAY RESOURCES AND ENERGY LTD
SHIVA URANIUM (PTY) LTD.
TEGETA EXPLORATION AND RESOURCES
(PTY) LTD
JIC MINING SERVICES (PTY) LTD
BLACKEDGE EXPLORATION (PTY) LTD
TNA MEDIA (PTY) LTD
THE NEW AGE
AFRICA NEWS NETWORK (PTY) LTD
VR LASER SERVICES (PTY) LTD
ISLANDSITE INVESTMENTS ONE HUNDRED
AND EIGHTY (PTY) LTD
CONFIDENT CONCEPT (PTY) LTD
JET AIRWAYS (INDIA) LTD (INCORPORATED
IN INDIA)
SAHARA COMPUTERS (PTY) LTD
ABSA BANK LTD
[GAUTENG DIVISION, PRETORIA]
CASE NUMBER: 80978/16
APPLICANT
187 RESPONDENT
2N° RESPONDENT
380 RESPONDENT
4™4 RESPONDENT
5 RESPONDENT
6™ RESPONDENT
774 RESPONDENT
8TH RESPONDENT
9T4 RESPONDENT
10™ RESPONDENT
11" RESPONDENT
12™ RESPONDENT
413™ RESPONDENT
14™ RESPONDENT
15™4 RESPONDENTFIRST NATIONAL BANK LTD
STANDARD BANK OF SOUTH AFRICA LIMITED.
NEDBANK LIMITED
GOVERNOR OF THE SOUTH AFRICAN
RESERVE BANK
REGISTRAR OF BANKS
DIRECTOR OF THE FINANCIAL INTELLIGENCE
CENTRE
416" RESPONDENT
47" RESPONDENT
18™ RESPONDENT
49™ RESPONDENT
20™ RESPONDENT
218T RESPONDENT
| FILING NOTICE
DOCUMENTS FILED : THE 1ST, 2ND, 3RD, 4TH, 6TH, 7TH, 11TH,
42TH, — AND
RESPONDENTS’
SUPPLEMENTARY AFFIDAVIT
FILED BY : VAN DER MERWE & ASSOCIATES
ATTORNEYS FOR THE 1ST, 2ND, 3RD, 4TH,
6TH, 7TH, 11TH,
RESPONDENTS
62 RIGEL AVENUE NORTH
WATERKLOOF
PRETORIA.
42TH, AND 44TH
REF: MR GT VD MERWE/stiO78
TEI
012 343 5432
FAX: 012 343 5435
EMAIL: simone@vdmass.co.za
TO:
THE OFFICE OF THE DEPUTY JUDGE PRESIDENT
7™ FLOOR, ROOM 7.15, HIGH COURT BUILDING
AND TO:
STATE ATTORNEY
ATTORNEY FOR THE APPLICANT
SALU BUILDING
255 FRANCIS BAARD STREET
PRETORIA
TEL: 012 309 1575
FAX: 012 309 1649
EMAIL: TNhlanzi@justice.gov.za
REF: MS T NHLANZIAND TO:
EDWARD NATHAN SONNENBERGS
ATTORNEYS FOR THE 15'™ RESPONDENT
REF; M KATZ/D LAMBERT/0416998
EMAIL: dlambert@ensafrica.com
C/O GERHARD BOTHA & PARTNERS INC.
18" FLOOR, ERASMUS FORUM BUILDING B
CNR RIGEL AVENUE & STOKKIESDRAAI
ERASMUSRANS
REF: MR B SWART/MR H BOTHA
AND TO:
NORTON ROSE FULBRIGHT SOUTH AFRICA INCORPORATED.
ATTORNEYS FOR THE 16™ RESPONDENT.
EMAIL: aslam.moosajee@nortonrosefulbright.com
REF: MR MOOSAJEE/FNB13954
C/O MOTLE JOOMA SABIA INCORPORATED
GROUND FLOOR, DUNCAN MANOR
CNR JAN SHOBA AND BROOKS STREETS
BROOKLYN
PRETORIA
AND TO:
BOWMAN GILFILLAN INCORPORATED
ATTORNEYS FOR THE 17 RESPONDENT
EMAIL: clement.mkive@bowmanslaw.co.za
Alan.keep@bowmanslaw.co.za
REF: C MKIVA/6164672
C/O BOSHOFF ATTORNEYS
GROUND FLOOR, HAZELWOOD GATE OFFICE PARK
14 OAKTREE AVENUE
CNR OAKTREE AVENUE AND DELY ROAD
HAZELWOOD.
PRETORIA
REF: NATASHA NORTJE/NN1564
AND TO:
BAKER & MACKENZIE
ATTORNEYS FOR THE 18™ RESPONDENT
EMAIL: Gerhard.rudolph@bakermackenzie.co.za
Widaad.ebrahin@bakermackenzie.co.za
Callum.oconnor@bakermackenzie.co.za
REF: G RUDOLPHICO
C/O ADAMS & ADAMS
ADAMS & ADAMS PLACE
LYNWOOD BRIDGE4 DAVENTRY STREET
LYNWOOD MANOR
REF: ADELE JORDAAN
AND TO:
MACROBERT INCORPORATED
ATTORNEYS FOR THE 218 RESPONDENT
MACROBERT BUILDING
CNR JUSTICE MAHOMED AND JAN SHOBA STREETS
BROOKLYN
PRETORIA
EMAIL: ghay@macrobert.co.za
REF: GK HAY
AND To:
WERKSMANS ATTORNEYS
ATTORNEYS FOR THE 197 AND 20™ RESPONDENTS
REF: MR C MANAKAIMR C MORAITIS
EMAIL: cmanaka@werksmans.com
cmoraitis@werksmans.com
REF: SOUT 3267.63
C/O MABUELA INCORPORATED
CHARTER HOUSE, 179 BOSMAN STREET
PRETORIA CENTRAL
EMAIL: mabuela@tiscali.co.za
AND TO:
STEIN SCOP ATTORNEYS INC.
ATTORNEYS FOR THE 10™ RESPONDENT
GROUND FLOOR
18 MELROSE ARCH
JOHANNESBURG
TEL: 011 380 8080
REF: G STEIN
C/O BROOKLYN PLACE
CNR BROOKLYN AND DEY STREET
BROOKLYN
PRETORIA
TEL: 012 452 1300
REF: BRIDGET MOATSHEVAN DER MERWE &
ASSOCIATES.
88A
18 087 8540209
3.012363 5456
2 62 RIGEL AVE
'WATERKLOOF
GTVD MERWElet
In the matter between:
IN THE HIGH COURT OF SOUTH AFRICA
[GAUTENG DIVISION, PRETORIA]
CASE NUMBER: 80978/16
MINISTER OF FINANCE APPLICANT
and
OAKBAY INVESTMENTS (PTY) LTD 48 RESPONDENT
OAKBAY RESOURCES AND ENERGY LTD 280 RESPONDENT
SHIVA URANIUM (PTY) LTD 38 RESPONDENT
TEGETA EXPLORATION AND RESOURCES 4'" RESPONDENT
(PTY) LTD
JIG MINING SERVICES (1979) (PTY) LTD 5™ RESPONDENT
BLACKEDGE EXPLORATION (PTY) LTD 6™ RESPONDENT
TNA MEDIA (PTY) LTD 7 RESPONDENT
THE NEW AGE 8™ RESPONDENT
AFRICA NEWS NETWORK (PTY) LTD 97 RESPONDENT
VR LASER SERVICES (PTY) LTD 10" RESPONDENT
JSLANDSITE INVESTMENTS ONE HUNDRED 41™ RESPONDENT
AND EIGHTY (PTY) LTD.
CONFIDENT CONCEPT (PTY) LTD 42™ RESPONDENT
JET AIRWAYS (INDIA) LTD (INCORPORATED 43 RESPONDENT
IN INDIA)
SAHARA COMPUTERS (PTY) LTD 14" RESPONDENT
ABSA BANK LTD
15" RESPONDENTFIRST NATIONAL BANK LTD 46" RESPONDENT
STANDARD BANK OF SOUTH AFRICA LIMITED 47"4 RESPONDENT
NEDBANK LIMITED 4874 RESPONDENT
REGISTRAR OF BANKS 19°" RESPONDENT
DIRECTOR OF THE FINANCIAL INTELLIGENCE CENTRE 20"" RESPONDENT
GOVERNOR OF THE SOUTH AFRICAN RESERVE BANK 248 RESPONDENT
487, 2N0,gRO, qTH, TH, 7TH, 4474, 427, AND 1474 RESPONDENTS’
SUPPLEMENTARY AFFIDAVIT
|, the undersigned,
RONICA RAGAVAN
hereby declare under oath and say:
Jam a major female and Acting Chief Executive Officer of the First Respondent and |
have explained in the papers filed thus far that | depose of this affidavit as a
representative of the First Respondent but also on behalf the other Respondents
represented by our current attorney of record (the Second, Third, Fourth, Sixth, Seventh,
Eleventh, Twelfth and Fourteenth Respondents). | have appended the necessary
documentation in order to show that | am authorised to depose to the papers as such.
OJam advised that, itis in general impermissible for a Respondent to file a further affidavit
after an Applicant serves its replying papers but that in certain circumstances, a Court
may grant leave to a Respondent to file a further affidavit, particularly where new matter
is raised in the replying Affidavit. | submit that the circumstances in this matter are
exceptional and the matter raised by the Applicant in his Replying Affidavit (fo the extent
that itis deemed relevant by this honourable Court) is of such a nature that the Oakbay
Group has a right to respond thereto.
{In addition, as in the Founding Affidavit (in respect of which the Oakbay Group has
launched an application to strike ou), the Replying Affidavit is replete with allegations
and commentary which is unfounded, irrelevant, vexatious and scandalous.
4
In particular, the Replying Affidavit makes a number of allegations which emanate
from the State of Capture Report. | am aware of the fact that the aforesaid report came
‘out and was published subsequent to the Applicant's application being issued but the
fact that the Applicant chose to deal with certain allegations pertaining to the Report
in its Replying Affidavit causes me to respond thereto in this Affidavit and to ensure
that the unwarranted distorted picture presented by the Applicant in this regard is
addressed and responded to.
O| will, firstly, deal with the misperception oreated by the Applicant with regards to the
nature and extent of the Report of the Public Protector (hereinafter referred to as the
“Report’)
The first concer I need to raise and for which | will beg the Court to strike paragraphs
18, 24 and 27 of the Replying Affidavit on account that the information therein Is
scandalous and / of vexatious and / or irrelevant to the issues at stake in this
application. In paragraph 18 of the Replying Affidavit, the Applicant misleadingly
refers to “detailed adverse findings by the Public Protector’. | have quoted the
aforesaid from the last bullet point (unfortunately hot numbered) under paragraph 18
of the Applicant's replying papers.
The aforesaid remark could never be a simple misunderstanding or a misreading of
the Report since there is a similar mischievous and misleading remark in paragraph
24 of the Applicant's replying affidavit where he says ‘yet it is Oakbay, the Public
Protector has found, that influences political appointments”.
In paragraph 27 of the replying affidavit the Applicant relies on the Report to sustain a
@submission that it was “found” in the Report that the Depuly Minister of Finance was
taken to the Saxonwold home of the Guptas where “he was offered money and
promotion as Minister of Finance". The Applicant further states that “the Report
recordls the same offer of promotion in respect of a senior member of Parliament".
I have taken the liberty of copying the actual conclusion to the State of Capture Report
under the heading "Remodial Action” and in particular pages 363, 354 and 356 of the
Report. | append same hereto as Annexure “OB26” to which the Honourable Court
is kindly referred. |, in particular, quote the following therefrom:
“The investigation has proven that the extent of issues it needs to traverse and
resources necessary to execute it is incapable of being executed fully by the
Public Protector. This was foreshadowed at the commencement of the
investigation when the Public Protector wrote to government requesting for
resources for a special investigation similar to a commission of inquiry
overseen by the Public Protector. This investigation has been hamstrung by
the later release which caused the investigation to commence later than
planned. The situation was compounded by the inadequacy of the allocated
funds (R1.5 Million)”
10.
{t should have been common cause that the Report then clearly suggests a
®
commission of inquiry headed by a judge1
The Report did not make adverse findings as alleged and suggested by the Applicant
in the aforesaid paragraphs.
12,
Apart from the fact thal the Report is used by the Applicant to cloud the issues even
further the reference, to the "findings" in the Report is inaccurate, misleading and
mischievous at best,
13.
In an effort to side-line the inaccurate references to the Report the Applicant caused
footnotes to be inserted in his affidavit explaining that "he is advised that the Report
stands until and unless it is sot aside by a court’.
14,
Taking cognisance of an application to review which was issued and served with
regards to the Report the Applicant hoped to convey a message that the Report
contained adverse findings against the Oakbay Group and/or the Gupta Family. It is
necessary to make it clear that any efforts to suggest that the Report made adverse
findings against the Group or the Gupta Family are untrue and, with respect,
CN
dishonest.15,
Let it, for the record be repeated that the Oakbay Group and the Gupta Family clearly
an unambiguously made it known that the Report was prepared without affording them
any opportunity to present their version of affairs and to that extent any adverse
findings against the Group or the Family would have been unfounded, unsubstantiated
and untested. The fact that no adverse findings were made against either the Group
or the Family caused the Group and the Family to support the appointment of a judge
for purposes of a judicial inquiry and | further record that it was made known that both
the Group and the Family would render their full co-operation and support when such
a commission of inquiry is established.
16.
The Applicant, by referring to matters raised and investigated by the Public Protector
in the Report, again refers to two “incidents” which could have contributed to the moot
relief sought by the Applicant. These two scenarios are:
16.1. The alleged meeting with an offer to Mr Mcebisi Jonas; and
16.2 The regurgitation of alleged impropriety with regards to the R1.3 Billion rand
investment.
17.
Since the Applicant referred to these two issues it is important to deal with them.18.
| will deal with the circumstances pertaining to the R1.3 Billion investment whilst Mr
Ajay Gupta will, in a separate affidavit to be append hereto as Annexure “OB27”,
deal with the allegations pertaining to Mr Mcebisi Jonas.
19.
THE R1.3 BILLION INVESTMENT
There seems fo be a continued reference to alleged misappropriation of funds
earmarked and ring-fenced for purposes of security under conditions imposed by the
DMR (the Department of Minerals and Resources) for mining rehabilitation. The
suggestion that there was any impropriety in respect of the investment of these funds
is misplaced.
20.
have explained in detail in the Founding Affidavit that the amount had to be moved
to a bank account opened for the Optimum Coal Rehabilitation Trust and it is now
common cause that the aforesaid account was opened with the Bank of Baroda,
24
In accordance with the aforesaid the amount was duly invested and since service of
®the Applicant's replying affidavit | have requested the Bank of Baroda to fumish me
with an updated certificate of the investments and | append same hereto as Annexure
“OB28”,
22,
From Annexure “OB2Q” it is evident that there is curently an amount of
R1 461 000 000 invested with the Bank of Baroda in the Optimum Coal Rehabilitation
Trust. This amount was deposited in three tranches, because the maximum permitted
deposit is R500 million,
23,
Having now presented the Honourable Court with the conditions under which the
Rehabilitation Fund had to be invested and the certificate of the bank confirming that
Qakbay is in complete compliance of the aforesaid | do not know on what basis the
Applicant wants to pursue this point any further.
24,
| submit that, in any event, any reference by the Applicant to this matter would, at best,
be hearsay, second-hand information and wheedied in an effort to achieve some
political benefit and media interest. There is simply no truth to the Applicant's
attempts to paint the Optimum Coal Rehabilitation Trust as irregular.
CN28.
As a resull of the aforesaid | beg the Honourable Court to grant the relief sought in the
application to strike out and the relief sought in the opposing papers served
DEPONENT
Signed and swom before me at “ld Pwe, on this 1% day of
“theta ue- 44. 2017 after the Deponent declared that she is familiar with the
contents of this statement and regards the prescribed oath as binding on her
nspience and has no objection against taking the said prescribed oath,
“se ee
Tn (ehetieabe)
COMMISSIONER OF OATHS:“Stato of Capture” A Report of the Public Protector
14 October 2016
8.4
82
8.3.
84,
REMEDIAL ACTION
The appropriate remedial action | am taking in pursuit of section 182(1)(c) of
the Constitution, with the view of placing the Complainant as close as
possible to where he would have been had the improper conduct or
maladministration not occurred, while addressing systemic procurement
management deficiencies in the Department, is the following:
To the President:
The investigation has proveh that the extent of issues it needs to traverse
and resources necessary to execute it is incapable of being executed fully by
the Public Protector. This was foreshadowed at the commencement of the
Investigation when the Public Protector wrote to government requesting for
resources for a special investigation similar to a commission of inquiry
overseen by the Public Protector. This investigation has been hamstrung by
the late release which caused the investigation to commence later than
planned. The situation was compounded by the inadequacy of the allocated
funds (R4.5 Million)
The President has the power under section 84(2)(f) of the Constitution to
appoint commissions of enquiry however, in the EFF Vs Speaker of
Parliament the President said that: ‘T could not have carried out the
evaluation myself lest I be accused of boing judge and jury in my own case’.
‘The President to appoint, within 30 days, a commission of inquiry headed by
a judge solely selected by the Chief Justice who shall provide one name to
the President.
353“Stale of Capture” A Report of the Public Protector ao
14 October 2016 Seana
85. The National Treasury to ensure that the commission is adequately
resourced.
8.8. The judge appoint his/her own staff and to
investigate all the issues using the record of this investigation and the report
as a starting point.
8.7. The commission of inquiry to be given powers of evidence collection that are
no less than that of the Public Protector,
8.8. The commission of inquiry to complete its task and to present the report with
findings and recommendations to the President within 180 days. The
President shall submit a copy with an indication of his/her intentions
regarding the implementation to Parliament within 14 days of releasing the
report,
8.9. Parliament to review, within 180 days, the Executive Members’ Ethics Act to
provide better guidance regarding integrity, including avoidance and
management of conflict of interest. This should clearly define responsibilities
of those in authority regarding a proper response to whistleblowing and
whistleblowers, Consideration should also be given to a transversal code of
conduct for all employees of the State,
8.10.The President to ensure that the Executive Ethics Code is updated in line
with the review of the Executive Members’ Ethics Act.
8.11. The Public Protector, in terms of section 6 (4) (c) (i) of the Public Protector
Act, brings fo the notice of the National Prosecuting Authority and the DPCI
those matters identified in this report where it appears crimes have been
committed.
354“State of Capture” A Report of the Public Protector Baka
14 October 2016 Pees
9 MONITORING
9.1 The Public Protector will monitor the implementation of the remedial action
9.2The Secretary of Parliament and the Diretor General in the Presidency are to
provide periodic implementation reports to the Public Protector.
UMass
ADV THULIN MADONSELA
PUBLIC PROTECTOR OF THE
REPUBLIC OF SOUTH AFRICA
DATE: 14 OCTOBER 2016
Assisted by: Good Governance & integrity Branch
355“Rot”
Ve assoeatee IN THE HIGH COURT OF SOUTH AFRICA
[GAUTENG DIVISION, PRETORIA]
88A
‘087 8540200
3012 343 5456
(9 62 RIGEL AVE
\WATERKLOOF
GT VO MERWeElyva
In the matter between:
MINISTER OF FINANCE
and
OAKBAY INVESTMENTS (PTY) LTD
OAKBAY RESOURCES AND ENERGY |.TD
SHIVA URANIUM (PTY) LTD.
TEGETA EXPLORATION AND RESOURCES
(PTY) LTD
JIC MINING SERVICES (1979) (PTY) LTD
BLACKEDGE EXPLORATION (PTY) LTD
TNA MEDIA (PTY) LTD
THE NEW AGE
AFRICA NEWS NETWORK (PTY) LTD
VR LASER SERVICES (PTY) LTD
ISLANDSITE INVESTMENTS ONE HUNDRED.
AND EIGHTY (PTY) LTD.
CONFIDENT CONCEPT (PTY) LTD
JET AIRWAYS (INDIA) LTD (INCORPORATED
IN INDIA)
SAHARA COMPUTERS (PTY) LTD
ABSA BANK LTD.
CASE NUMBER: 80978/16
APPLICANT
48T RESPONDENT
2N0 RESPONDENT
38° RESPONDENT
4™" RESPONDENT
6T RESPONDENT
6"! RESPONDENT
7" RESPONDENT
8"! RESPONDENT
9™ RESPONDENT
10"! RESPONDENT
11"! RESPONDENT
12™ RESPONDENT
413™ RESPONDENT
44™ RESPONDENT
15" RESPONDENT
bfFIRST NATIONAL BANK LTD 46"4 RESPONDENT
STANDARD BANK OF SOUTH AFRICA LIMITED 17" RESPONDENT
NEDBANK LIMITED 48"! RESPONDENT
REGISTRAR OF BANKS 49™ RESPONDENT
DIRECTOR OF THE FINANCIAL INTELLIGENCE CENTRE 20™ RESPONDENT
GOVERNOR OF THE SOUTH AFRICAN RESERVE BANK 21ST RESPONDENT
AFFIDAVIT
1, the undersigned,
MR AJAY KUMAR GUPTA
hereby declare under oath and say:
am a major male businessman.
The contents of this affidavit fall within my personal knowledge and belief and are both
true and correct. Wherever ! make any legal submissions herein | do so on advice of
my legal representative.| depose of this affidavit in order to clarify a serious distortion of facts which caused
me and my family severe hardship and unbelievable negative publicity.
| have been informed by Ronica Ragavan, the Acting CEO of the Oakbay group of
companies, that the Minister of Finance, Mr Pravin Jamnadas Gordhan, thought itwise
to refer to an alleged incident with his Deputy Minister of Finance, Mr Mcebisi Jonas
during October 2015.
In light of the aforesaid | perused the replying affidavit of Mr Gordhan in his capacity
as the Minister of Finance of the Republic of South Africa and | was obviously
disturbed by allegations he presented as fact without even attempting to obtain a
confirmatory affidavit from his Depuly who is, in all likelihood, occupying an office right
next to him,
Before | deal with these mischievous allegations raised and presented by Mr Gordhan
as fact, | need to reiterate and confirm that Mr Gordhan never instructed his attorneys
to either enquire from me as to whether these allegations are true or to have these
bq
papers served on me for purposes of responding thereto.‘When | was alerted to the efforts employed by the Applicant in his replying affidavit |
took a decision to respond thereto and since Mr Gordhan chose not to refer to any
credible supporting evidence and further failed to append a confirmatory affidavit from
his Deputy which could have been obtained without any effort | submit that the version
intend to raise in these papers will be uncontested.
| further submit that | will refer to certain extracts from the State of Capture Report
compiled by the previous Public Protector, Advocate Thuli Madonsela.
| am advised that no person may disclose or share any information pertaining to such
a report whilst itis in the process of being completed.
10.
Itis a well-known fact and I record that | employed all reasonable efforts to be afforded
an opportunity to address the then Public Protector (Advocate Thuli Madonsela) prior
to the date of her issuing her report and | further submit that it was on my instance
‘and my request that the then Public Protector afforded me a single opportunity to
address her on or about 4 October 2016, The opportunity so afforded was insufficient
4
and clearly rushed,"
‘Advocate Madonsela undertook to furnish me with copies of the evidence given by the
relevant witnesses and | was indeed furnished with the transcribed version of the
evidence of Mr Mcebisi Jonas and his written statement regarding the alleged meeting
al the house in Saxonwold
12.
On a proper reading and interpretation of the information obtained from the offices of
the Public Protector it is evident that the “incident” with Mr Mcebisi Jonas was created
in order to support the wave of adverse media attention and to achieve the political
advantage obviously gained from creating such a media hype from an incident which
never occurred.
13.
| am of the view that itis important to deal with this allegation raised by the Applicant
and | do so in order to ensure that nobody can ever say that I kept quiet towards
the facts when | was confronted with these allegations and whilst | knew the truth,
14.
Let me commence this portion of my affidavit to clearly and unambiguously state
under oath that | have never met Mr Mcebis! Jonas, not as alleged or at all,
A15.
The fact of the matter is that Mr Jonas is, with respect, blatantly dishonest when he
suggests that he met with me or that I attended a meeting with him.
16.
Ihave challenged Mr Jonas, and | do so again, to prove that he met with me as alleged.
17.
He was called to give evidence before Advocate Madonsela and | have read his
evidence in detail. The aforesaid compared with his statements and the other
documents he ‘prepared” are factually inconsistent, contradictory and flawed to an
extent that | find it awkward that the Public Protector latched onto the version of Mr
Jonas whilst simply refusing to properly investigate what actually happened.
18,
What seems to be clear from the evidence given by Mr Jonas (and this can be
confirmed independently since it is his evidence presented to the Public Protector) is
that he, on his own version, knew about the alleged “offer” since 25 October
2015, more than a month and a half prior to the alleged Nene gate incident.
bi48.
What is further clear from his evidence is that he contacted Mr Gordhan on Sunday,
26 October 20165, via telephone and visited Mr Gordhan on that same day and shared
with him the information regarding the alleged offer causing Mr Gordhan, the current
Minister of Finance, to be well aware of the detail of the incident since at least
26 October 2018, a month and a half prior to the replacement of then Minister of
Finance, Mr Nene.
20.
If there was any truth to these allegations or if either Mr Gordhan or Mr Jonas acted
promptly and as suggested in Section 34 of the Prevention and Combating of
Corrupt Activities Act 12 of 2004 the so called None Gate scandal and its
adverse consequences could have been prevented by them. Why did they do
nothing if they knew about this upcoming scandal and the corrupt core behind it?
24.
On their own version and with the common cause facts Mr Jonas waited for 5(Five)
months to make a public statement, same coincidentally in concert with other political
manoeuvres of which mention is made in the papers filed to this application
22.
Since | am not at liberty to share the documentation submitted by Mr Jonas to the
aPublic Protector (since there is a clear bar on me to do so pursuant to the provisions
of the Public Protector Act) | can merely confirm that the different versions of Mr Jonas
as to what, allegedly, happened at the meeting in Saxonwold in October 2015 are
inconsistent, flawed and factually contradictory. It is within the disclosure of the Public
Protector to release these documents.
23,
Mr Jonas thought it wise to implicate me repeatedly as tho person who made an
offer to him. This allegation Is very serious. It is now almost one and a half
years sinco the incident and still Mr Jonas persists with the view that | made the
offer.
24,
| have been in the Republic of South Africa since the aforesaid date and since then
neither Mr Jonas nor Mr Gordhan thought it wise to report this serious allegation to
any relevant authority under the provisions of Section 34 of the Prevention and
Combating Corrupt Activities Act 12 of 2004. This is telling since it would expose the
dishonesty of Mr Jonas. Mr Jonas is invited to lay these charges in order to secure an
investigation.
2.
Since the Applicant chose to encumber the Court with a, at best for him, third hand
hearsay allegation which he could have supported if he obtained an affidavit from his
vDeputy, | take the liberty of clearly setting out the events as far as they could ever
relate to me,
26.
'have recorded hereinabove that | have never met Mr Jonas and until today | can
honestly say that | have not spoken a single word to him (as he alleged or at all).
27,
{In order to support what | have said herein | have approached Mr Duduzane Zuma to
depose of a confirmatory affidavit with regards to involvement in the meeting
Conducted with Mr Jonas. Through his attorney, Mr Christo Stockenstrém, I contacted
Mr Fana Hlongwane to depose of a confirmatory affidavit regarding my involvement
at the meeting in October 2018. | append hereto as Annexures “AG1” and "AG2”
the said affidavits to which the Honourable Court is kindly referred.
28.
| therefore deny the correctness of the allegations raised by Mr Jonas and even in the
‘event of the Applicant being in a position to raise those allegations | submit that they
are untrue and ilLintended.
29.
| have made it clear via my attorney that | am willing to partake in any inquiry which
Awould afford me and my legal team the opportunity to cross-examine Mr Jonas and to
the extent necessary the other “witnesses” he implicated in his evidence. ! am advised
that | am entitled to the aforesaid since these allegations are serious and in my view
Subject to being tested in an open forum. It has always been the view of the Family to
partake in the proposed judicial inquiry and | still welcome same in order for the Family
{0 clear its name and to disclose the true facts behind a sinister and ill-motivated
‘campaign.
30.
In light of the aforesaid | beg the Honourable Court to take note of the aforesaid and
consider same when taking a decision on the matters at hand,
Signed and sworn before me at SAnpsmani on this OR day of
Feeney 2017 after the Deponent declared that he is familiar with the
contents of this statement and regards the prescribed oath as binding on his
conscience and has no objection against taking the sald prescribed oath
{asande Smo stent - acting Atlas, REA
1st Foo: Block. Grayson Ridge Ot Park
ie
el
COMMISSIONER OF OATHS (RSA)
COMMISSIONER OF OATHS: Tok: (011) 262 8076066 Fax: (O11) 262.6008““Day”
WARSSOUIATES. IN THE HIGH COURT OF SOUTH AFRICA
[GAUTENG DIVISION, PRETORIA]
88A
Ritz cn. CASE NUMBER: 80978116
1 62 RIGEL AVE
WAICRKLOOE
eT VO NERINE
{n the matter between:
MINISTER OF FINANCE APPLICANT
and
OAKBAY INVESTMENTS (PTY) LTD 48" RESPONDENT
OAKBAY RESOURCES AND ENERGY I.TD 280 RESPONDENT
SHIVA URANIUM (PTY) LTD. 3° RESPONDENT
TEGETA EXPLORATION AND RESOURCES 41" RESPONDENT
(PTY) LTD
JIC MINING SERVICES (1979) (PTY) LTD. 5 RESPONDENT
BLACKEDGE EXPLORATION (PTY) LYD 6 RESPONDENT
TNA MEDIA (PTY) LTD 7" RESPOND!
THE NEW AGE 8 RESPONDENT
AFRICA NEWS NETWORK (PTY) LTD 9 RESPONDENT
VR LASER SERVICES (PTY) LTD 40" RESPONDENT
ISLANDSITE INVESTMENTS ONE HUNDRED 44 RESPONDENT
AND EIGHTY (PTY) LTD
CONFIDENT CONCEPT (PTY) LTD. 42™ RESPONDENT
JET AIRWAYS (INDIA) L-TD (INCORPORATED 43" RESPONDENT
IN INDIA)
SAHARA COMPUTERS (PTY) LTD 14 RESPONDENT
ABSA BANK LTD 15" RESPONDENTFIRST NATIONAL BANK LTD 16" RESPONDENT
STANDARD BANK OF SOUTH AFRICA LIMITED 17 RESPONDENT
NEDBANK LIMITED 18" RESPONDENT
REGISTRAR OF BANKS. 497 RESPONDENT
DIRECTOR OF THE FINANCIAL INTELLIGENCE CENTRE 20" RESPONDENT
GOVERNOR OF THE SOUTH AFRICAN RESERVE BANK — 218 RESPONDENT
1, the undersigned,
DUDUZANE ZUMA
hereby declare under oath and say:
1am a major male businessman and investor in the Oakbay group of companies through
an eniity called Mabengela Investinents (Pty) Ltd.
‘The contents of this affidavit fal within my personal knowledge and belief and are both
true and correct,have read the affidavit deposed to by Mr Ajay Kumar Gupta and confirm the contents
thereof in as far as it refers to any acts or conduct which I have been involved in ancl
confit the correctness thereof,
Further fo the aforesaid | confirm that Mr Ajay Kumar Gupta was not present at any
time during the meeting with Mir M Jonas held on 26 October 2017,
DEPONENT
Signed and sworn before me ot 7+ BMayeout on this OF. day of
: Frpnuony 2017 after the Deponent declared that he is familiar with the
contents of this statement and regards the prescribed oath as binding on his
congpience and has no objection against taking the said prescribed oath.
fo WSUS
oe] za NS
IMISSIONER OF OATHS:
Lucente fh KUNIELWA
1D wacom oat
age. Bay yy
b ag trepoutl
or) 03 je0 ‘/fa \Ge a
bare ite IN THE HIGH COURT OF SOUTH AFRICA
[GAUTENG DIVISION, PRETORIA]
88A
Bomesracie, CASE NUMBER: 80979/16
Gh O2RIGEL AVE
WATEROLOOF
GT UD MERWE yas
In the matter between:
MINISTER OF FINANCE APPLICANT
and
OAKBAY INVESTMENTS (PTY) LTD 19T RESPONDENT
OAKRAY RESOURCES AND ENERGY LD 28 RESPONDENT
SHIVA URANIUM (PTY) LTD 3®° RESPONDENT
TEGETA EXPLORATION AND RESOURCES 4° RESPONDENT
(PTY) LTD
JIC MINING SERVICES (1979) (PTY) LTD 5 RESPONDENT
BLACKEDGE EXPLORATION (PTY) LTD 6" RESPONDENT
TNA MEDIA (PTY) LTD. 7" RESPONDENT
THE NEW AGE 8 RESPONDENT
AFRICA NEWS NETWORK (PTY) LTD. 97 RESPONDENT
VR LASER SERVICES (PTY) LTD 410" RESPONDENT
ISLANDSITE INVESTMENTS ONE HUNDRED 11 RESPONDENT
AND EIGHTY (PTY) LTD
CONFIDENT CONCEPT (PTY) LTD. 12 RESPONDENT
JET AIRWAYS (INDIA) LTD (INCORPORATED 13™ RESPONDENT
IN INDIA)
SAHARA COMPUTERS (PTY) LTD. 44™ RESPONDENT
ABSA BANK LTD 15% RESPONDENTFIRST NATIONAL BANK LTD. 46™ RESPONDENT
STANDARD BANK OF SOUTH AFRICA LIMITED 17" RESPONDENT
NEDBANK LIMITED 18 RESPONDENT
REGISTRAR OF BANKS 19 RESPONDENT
DIRECTOR OF THE FINANCIAL INTELLIGENCE CENTRE 20" RESPONDENT
GOVERNOR OF THE SOUTH AFRICAN RESERVE BANK — 218 RESPONDENT
CONFIRMATORY AFFIDAVIT
|, the undersigned,
FANA HLONGWANE
hereby declare under oath and say:
am a major male businessman.
‘The contents of this affidavit fall within my personal knowledge and belief and are bath
(tue and correct
Thave read the affidavit deposed to by Mr Ajay Kumar Gupta and confirm the contents
“tft
bethereof in as far as i refers to any acts or conduct which I have been involved in and
confirm the correctness thereof.
Further to the aforasald | confirm that Mr Ajay Kumar Gupta was not present at any
time during the meeting with Mr M Jonas held on 25 October 2017,
Ftlbignycvo
» pepowenr
B Moreau on this O%. day of
2017 after the Deponent declared that he is familiar with the
Signed and sworn before mo at
Febveas
contents of this statement and regards the presorlbed oath as binding on his
consgignce and has no objection against taking the said prescribed oath,
PG
edinassio (ER OF OATHS:
Lutiaic Mywumvetu
1 Duncan lose
Toei Bin Utgocre
O21 wos (006 />“OBes"
Date: 18-01-2017 BANK OF BARODA, JOHANNESBURG
TYPE: BARODA CURRENT ACCOUNT
A/C NO: 92020200000524 ZAR PAGE:
TO:
«OPTIMUM MINE REHABILITATION TRUST
CUSTOMER ADDRESS: ACCOUNT ADDRESS:
cust_Acomu_addrL 144 KATHERINE STRERT
JOHANNESBURG JOHANNESBURG
JOHANNESBURG JOHANNESBURG
GAUTENG GAUTENG
SOUTH AFRICA SOUTH AFRICA
ugeshnin@sahara.co. za ugeshnin@sahara.co.2a
STATEMENT OF ACCOUNT FOR THE PERIOD OF 31-05-2016 to 18-01-2017
TRAN DAREIRANSACTON PARTECULARS WITHDRAWALS Deposits BNDANCE
31-05-16 “B/F °
22-06-16 CREDIT IN NEDBANK 1469916933.63 1469916933. 63¢
24-06-16 Dr. Tran for funding A/ — $00000000.00 969916933 636
24-06-16 Dr. Tran for funding A/ — 00000000.00 469916933.63C
24-06-16 Dr, Tan for funding A/ — 461000000.00 8916933 .63C
30-06-16 9202020000524: Int.Pd:0 328115 ,02 9245048.65C
29-07-16 9202020000524: Int. Pd:0 31322.02 9276370.67¢
31-08-16 92020200000524: Int .Pa:0 31428.14 9307798 .81C
30-09-16 92020200000524: Int .Pd:0 30817.37 9338316 .18C
31-10-16 9202020000524: Int .Pd:0 31638. 01, 9369954.19¢
30-11-16 9202020000524: Int .Pd:0 30722.17 9400675 .36C
30-2 31849.28 9432524.64C
1461000000.00 1470432824.64 9432824.64ac
3461000000. 00 11470432528 64 9432524.64¢
Unless the constituent notifies the bank
immediately of any discrepancy found by
him/her in this statement of Account, it
will be taken that he/she has found | the
statement correct. Date Stamp Manager
*** END OF STATEMENT *#*ir niui adhere Bisnde of Marad:
DEPOSIT RECEIPT
DEPOSIT RECEIPT NUMBER z 9202030000655 _ cH
NAME OFTHEDEPOSITOR | OPTIMUM MINE REHABILITATION TRUST
AMOUNT OF DEPOSIT 461,000,000,00 a
PERIOD OF DEPOSIT 22MONTHS HEHE
RATE OF INTEREST 7.20% PA, Hl
VALUE DATE 24-06-2016 ‘i
MATURITY DATE eee 24-06-2017
INTEREST AMOUNT ON MATURITY 35,446,248,24 iesssnisees
INTEREST ACCURRED AS ON 31-12-2016 | 19,691,415.36 Hee
TOTAL AMOUNT ON MATURIY 496,496,248.24
feo Rey
Maney ktinar tha wf
(Chief Manager) fey
pe
CP
Whampoa?
Date: 13" Jan 2017
Johanwestury vane,
vas 27 TH IGaHer
Ac af Peavsalia
DEPOSIT RECEIPT
[ DEPOSIT RECEIPT NUMBER
| NAME OF THE DEPOSITOR
_| 9202030000653
OPTIMUM MINE REHABILITATION TRUST.
AMOUNT OF DEPOSIT. — 500,000,000,00
PERIOD OF DEPOSIT __ [22 Monts ie
| RATE OF INTEREST {770% PA,
VALUE DATE ___| 24-06-2016
| MATURITY DATE See 24-06-2017 peer
INTEREST AMOUNT ON MATURITY 38,444,954,74 7 z
INTEREST. ACCURRED AS ON 31-12-2016 21,357,283.47 iu
TOTAL AMOUNT ON MATURIY |'338,444,950.71_
=
—
Manopkurartha | Ca Bip.
{Chief Manager) age Ry
\Wé
Date; 13" Jan 2017 be
Juanes fa
Disa 127 1 RUSTE, Fae
ns Cy Tee Resa ast Mg a iene
2718 8407, Ee Fabssight
Banal ai
DEPOSIT
DEPOSIT RECEIPT NUMBER
Bearennley
RECEIPT
9202030000654
NAME OF THE DEPOSITOR
OPTIMUM MINE REHABILITATION TRUST
| AMOUNT OF DEPOSIT
500,000,000.00
| PERIOD OF DEPOSIT 12MONTHS
RATE OF INTEREST 17.70% PA.
VALUE DATE 4 24-06-2016 z
MATURITY DATE ____ | 24-06-2037
INTEREST AMOUNT ON MATURITY 38,444,954.71 sna
INTEREST ACCURRED AS ON
TOTAL AMOUNT ON MATURIY
21,387,283.47
538,444,954.71
~
eer
-=Manof Riimar jhia “ei
" Manager) ‘a
\ iby 4
Monn gsi
Date: 13" Jan 2017 miOee