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ENSafrica
150 WeatSueet
‘Sandown Sancton Johannesburg 2196
P 0 Bax 789947 Sandton Sout Aiea 2146
dovex 152 Randburg
{el 42741 269 7600 fax +2711 2607899
Inio@ENSattca.com ENSattea com
Ms M Lamprecht 'S MbathalM Rossouw/0396306 —curer
Media 24 = nent
By email: Maryna.Lamprecht@media24.com 12 August 2015 ase
‘BY EMAIL’
Dear Sirs
REQUEST IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO.2, 2000
1. As you know, we act for and on the instructions of the South Aftican Football Association (‘our
client’).
We refer to your request to our client in terms of the provisions of the Promotion of Access to
Information Act No.2, 2000 (‘the Act’) dated 10 June 2015 (‘the Request’) and our client's notice of
‘extension of time dated 10 July 2015.
3. Our client does not concede that itis a public body for purposes of the Request. However, without
making any concessions and for cooperation and transparency, having taken all reasonable steps to
search for the records in the Request, our client responds to the Request as follows:
3.1. Ad Paragraph 1
34a We attach marked ‘A’ the letter from our client to the Fédération Internationale
de Football Association (‘FIFA’) which mentions the Diaspora Legacy
Programme. The letter is already in the public domain and, in any event, is
within your possession.
3.1.2. No further correspondence between our client and FIFA which mentions the
Diaspora Legacy Programme or donation has been found.
3.2. Ad Paragraph 2
3.21 No such correspondence exists.
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Att races matt onc ab ho sic cones
tom OBE ra _ en S prion33. Ad Paragraph 3
3.3.1. Ourclient would not and does not have this documentation.
3.4, Ad Paragraph 4
3.4.1. Ourclient would not and does not have this documentation.
3.8. Ad Paragraph §
3.6.1. Our client did not take a decision to donate US$10 milion to the Diaspora
Legacy Programme. Accordingly, minutes containing such a decision taken by
it do not exist.
4. Furthermore, and again for cooperation and transparency, our client proposes the following instead
of providing an affidavit or affirmation in terms of the provisions of section 23(1) of the Act in respect
of those documents which do not exist:
441. Our client is open to considering an appointment of an independent person to be agreed to
between the parties who can conduct a search for the documentation requested in the
Request to your satisfaction;
4.2. Our client will provide such person with complete access to all records in its possession or
under its control;
4.3. Should the person find any documentation which in his view falls within the scope of the
Request and should be provided to you, which is not conceded, our client will peruse same
‘and consider whether it agrees with the person's view. If it does, same will be provided to
you. However, if it does not, a list of such documents (without describing their content)
together with reasons for not giving the documents will be provided to you and you can
consider whether to take further action against our client in terms of the Act;
4.4. Your client will be fully responsible for the fees of the person; and
4.5. The person will sign a confidentiality and non-disclosure agreement.
5. __Allof our client's rights remain fully and strictly reserved.
Yours faithfully
EDWARI
PER:
(ATHAN SONNENBERGS INC.
aimee
ENZO MBATHA
MEGAN ROSSOUWif’
4 March 2008 SOTH BRICAN
FOOTRALL ANSOCIAROA
Mr Jerormm Vakcke
Generel Secretary Fieat bitten Irend Setdiven
Federation intenationels de Football Associaton MASEL
FIFA-Stvanse 20 07 Bas 90
roam =a
: FHL) #84 1922
‘Swwitneciand Fan 010) e082)
weve ale aoe
Dee Mr Voice
USS 10 MILLION PROMISED BY THE ROUTH AFRICAN GOVERNMENT FOR THE CHASPORA,
LEGACY PROGRAMME
tn, wesw of the diectsion by the South Ainean Goreme that an amount of USS 10 milion be peid to the
2010 FIFA World Cup Organising Comeniten Sour Aftos, tha Bown Alioan Foote Association
taquests tha: FIFA withholds en amount of USE 10 milion from the Organising Committes's fulunw
Operational budget funding met inerestier advances tha amount witteld to ihe Dieioore Legacy
Progra,
in addition, GAFA requests fw the Oiexpors Lagecy Programme be administered and implemented
thracty by the President of CONCACAF who ahell set ae a fiduciary of fe Fund
‘BARA therefore confirms treat,
1 FIFA shall withhold USS 10 millon from tha Organising Commitise’s fulure operstionat budgat
funding if onder to Inanoe the Oiespors Lagecy Programme, Inereby reducing the Organising
Cormmition’s overall budget from US$ 423 million to USS 413 milion
2. The Dwspore Programme shai be sdmranistered aad implemaniad directly by the
Pree of ‘Who thall ect #6 the Sdueiary of the Claspora Lagecy Programme Func
5§ 10 nition