SUMMARY OF COMPLAINT

1.

The complaint is made in the name of Kyle Phillips in his capacity as

director of Carnilinx (Pty) Limited (Carnilinx) of 4 Salisbury Street,
Johannesburg

and

the

Fair-Trade

Independent

Tobacco

Association (FITA) of NSI House, 8A Keyes Avenue, Rosebank,

Johannesburg.

1.1.

FITA was established in 2012 with a spirit to

encourage smaller manufacturers in the tobacco
industry in Southern Africa to collaborate in respect
of industry, regulatory and legislative matters which
are common to all and which, individually, there is
little hope of making any significant difference. FITA
is an independent non-profit company formed by
Southern

African

cigarette

manufacturers

demanding a fair trading environment.

2.

The entities and persons we believe were involved in the facts

set out below are:
2.1.

British American Tobacco South Africa (BATSA) is

wholly owned by British American Tobacco PLC
(BAT). BATSA is a company duly registered and
incorporated in accordance with the company laws
of the Republic of South Africa and having its

principle place of business at 34 Alexander Street,

Stellenbosch.
2.1.1.

BATSA is part of British American Tobacco

PLC,

British

multinational

tobacco

company with its head quarters in London.

2.1.2.

At the time of the commission of the

offences set out below, the directors of
BATSA were:

2.1.2.1.

Brian Peter Finch

2.1.2.2.

Luch Jacques Joubert

2.1.2.3.

Dudley Christo Saayman

2.2.

Martin Potgieter (Potgieter) was appointed as

Head of Business Development in January 2012. His
focus according to his business profile on the internet
is combating the illicit trade in cigarettes.

He

manages and oversees BATSAs Anti-Illicit Trade

efforts within the Southern African area. Also part of
the Anti-Illicit Trade efforts according to our
understanding were Johann van Rensburg (Van
Rensburg) and Jan Vermaak (Vermaak).

2.3.

For the reasons dealt with herein under we verily

believe that Potgieter and/or persons in the employ
of BATSA whose full and further particulars are
currently unknown to us and the directors were
aware and/or actively participated in the offences
set out herein under.

2.4.

The British American Tobacco PLC (BAT) is a

registered company as per English laws, and
incorporated in England and Wales, and carries on
business inter alia as a holding company.

Its

principle place of business is Globe House, 4 Temple

Place, London, WC2R 2PG.
2.4.1.

At the time of the various offences dealt

with herein below, the following persons
were directors:

2.4.2.

Ann Frances Godbehere

2.4.3.

Ming Sang Savio kwan

2.4.4.

Christine Jacqueline Michelle Morin-Postel

2.4.5.

Gerard Martin Murphy

2.4.6.

Kieran Charles Poynter

2.4.7.

Ngoako Joseph Ralebepa

2.4.8.

Nicola Snook

2.5.

2.4.9.

John Benedict Stevens

2.4.10.

Karen Maria Alida De Segundo

2.4.11.

Richard Jay Tubb

2.4.12.

Salim Young

According to what Walter told us, the persons listed

hereafter were all employed by BAT at the time of
the commission of the said offences.
2.5.1.

Colin

Daniels.

We,

however,

have

reason to believe from what we have

gleamed in various newspaper articles as
well as from our own research that this
persons actual name is Colin Denyer
(Denyer).

According to our research

Denyer was at the said time employed by

BAT

as

BATs

Senior

Investigations

Manager.
2.5.2.

Allan Evans (Evans). According to our

research, Evans at the time held the
position of Senior Investigations Manager,
Anti-Illicit Trade Intelligence Unit (Eastern
Europe, Middle Eastern Africa).

2.5.3.

We are led to believe that Evans and

Denyer may also be involved in a
company

called

Hidden

Technology

Systems International Ltd which is based in

the United Kingdom.
2.5.4.

Jane

2.5.5.

Ewan Duncan (Duncan) According to

our research, Duncan at the time was
employed by BAT as the head of their AntiIllicit Trade Intelligence Unit.

2.5.6.

Rachel.

2.5.7.

For the reasons dealt with herein under, we

verily believe that Potgieter and/or persons
in the employ of BATSA whose full and
further particulars are currently unknown
to us and the directors above were aware
and/or

actively

participated

in

the

offences set out herein under.

2.6

Belinda Sheila Gay Walter (Walter) is an adult female

admitted attorney of the High Court of South Africa.
During the relevant time, she practiced under the name

and style of Steyn Kinnear Inc., and thereafter Belinda

Walter Attorneys Inc.
2.6.1 Walter was actively involved in the creation of
FITA in 2012, and the first chairperson of FITA
after its formation.

In her capacity as

chairperson of FITA she attended all the

officially convened meetings, and was privy to
business activities of FITA and the various
members. She was also privy to all the issues
dealt with in the said period.
2.6.2 We pause to point out that Walter also acted
during this period as the attorney of record for
FITA and for several of its members including,
but not limited to, Carnilinx and UATM. In this
capacity she acted in both criminal and civil
matters, and her conduct was covered by
legal professional privilege.
2.6.3 Walter resigned as FITAs chairperson on or
about November 2013. Walter acted as
Carnilinxs attorney until November 2013.
2.6.4 Between 25 October 2013 and 13 May 2014 or
27 May 2014, Walter was also involved in a
romantic relationship with one Johan van

Loggerenberg

(van

Loggerenberg),

former official of the South African Revenue

Services (SARS).
2.6.5 During the aforementioned period and whilst
acting as a legal representative for FITA and
its

members,

Walter

operated

as

an

undercover operative for the State Security

Agency (SSA). We deal with this aspect
more fully herein after.
2.6.6 During the same period, Walter ALSO became
a paid informant of BAT. We have reason to
believe that she became a paid informer for
BAT as a result of being introduced to BAT by
one Chris Burger (Burger), her SSA handler.
This fact has been extensively reported in the
media, and is known and has been confirmed
by the South African Police Services (SAPS)
and Crime Intelligence (CI).
2.6.7 For the reasons more fully dealt with herein
under we have reason to believe that Walter
as well as the SSA during the said time period
committed the various crimes dealt with
herein under.

2.7

The State Security Agency was formed in 2009.

The

mandate of the SSA is to provide the government with

intelligence on domestic and foreign threats or potential
threats to national stability, the constitutional order, and
the safety and wellbeing of the South African people.
We have been advised, which advice we accept, that
the SSA cannot operate outside legal confines and its
members are not mandated to break the law and/or
engage in criminal and/or unlawful activities in any form
or manner. We have further been advised that all
actions undertaken by persons in the employ of the SSA
must comply with the Constitution of the Republic, and
the applicable domestic and international law.

The

conduct of intelligence is subject to the rule of law and

no member of the SSA is allowed to act above the law.
2.7.1 Burger at all relevant times hereto was a
member of the SSA and acted as Walters
handler.

As will be demonstrated herein

under it is clear that Burger at all relevant times

hereto was working together with the persons
identified in BATSA and BAT.
2.8

Forensic Security Services (Gauteng) 2001/075337/23

(FSS GP) is a Closed Corporation incorporated in terms

of the company laws of the Republic of South Africa

with its principle place of business at 205 Corobay Street,
Waterkloof Glen, Pretoria.
2.8.1 Francois Greyling (Greyling) is the sole
director of FSS GP.
2.9

Forensic

Security

Services

(Kwazulu-Natal)

2001/055149/23 (FSS KZN) is a Closed Corporation

incorporated in terms of the company laws of the
Republic of South Africa with its principle place of
business at 99 Lighthouse Road, Bluff, Durban.
2.9.1 Stefanus Johannes Hofmeyr Botha (Botha) is
the sole director of FSS KZN.
2.9.2 According to our information Botha, FSS KZN
was requested in 2005 to assist TISA to address
the illicit trade in cigarettes and other
tobacco products in the SECU. FSS KZN was
specifically asked to gather information with
regards to the illicit trade and according to
Botha they make use of sub-contractors to
render their services. 1

Affidavit by Botha in the High Court of South Africa, Western Cape (Cape Town) Case number
4928/15
1

2.9.3 Derick Vosloo (Vosloo) was at all relevant

times hereto, according to Walter, a subcontractor of either FSS GP or FSS KZN.
2.10

The Tobacco Institute of Southern Africa (TISA) was

formed in 1991 to represent the non-commercial
common interest of both the manufacturers of tobacco
products and tobacco growers. TISA has its address at
Foyer Entrance A Sovereign Quay, 34 Somerset Road,
Greenpoint, Cape Town.
2.10.1 TISA has its members listed on its website.
Relevant for purposes of this application
however is BATSA.
2.10.2 At all relevant times hereto, TISA listed the
following persons as its directors:
2.10.3 Francois van der Merwe
2.10.4 Chad Limbert
2.10.5 Neetesh Ramjee
2.10.6 Brian Finch (Director of BATSA, 01 April 2010 to
29 February 2016)
2.10.7 Leslie Rance
2.10.8 Sean Donnelly

2.10.9 Lizette Rau

2.10.10

Rudolf Ottermann

2.10.11

Jaco Malan

2.10.12

For the reasons set out herein under we have

reason to believe that both van der Merwe and

Finch were aware of the offences committed
during the relevant time period.

2.11

The Directorate of Priority Crimes Investigations (DPCI),

commonly referred to as the Hawks, was established as
an independent directorate within the SAPS in terms of
Section 17C of the South African Police Service Act, 1995
as amended by the South African Police Service
Amendment Act, 2008 (Act 57 of 2008). The DPCI is
responsible for the combating investigation of National
Priority Crimes.
2.11.1 Brigadier Casper Jonker (Jonker) was a
member of the DPCI.

2.12

The South African Revenue Services (SARS) is the

nations tax collecting authority and is established in
terms of the South African Revenue Services Act 34 of
1997 as an autonomous agency. SARS is responsible for

administering the South African Tax system and Customs

service. In terms of the relevant act SARS has a duty of
confidentiality towards its tax payers.
2.12.1 At the relevant time period, Danie Le Roux (le
Roux)

Piet

Swart

(Swart)

and

van

Loggerenberg were all officials in the employ

of SARS.
2.13

The National Prosecuting Authority (NPA) was created

in terms of Section 179 of the Constitution of the
Republic of South Africa Act 108 of 1996. The NPA has
the

power

to

institute

and

conduct

criminal

proceedings on behalf of the State, carry out any

necessary

functions

conducting

such

incidental

criminal

to

instituting

proceedings

and

(including

investigation), and to discontinue criminal proceedings.

2.13.1 At all relevant times hereto Advocate Johan
van

Heerden

(van

Heerden)

was

an

advocate employed at the NPA. According

to the information provided to us he was
actively involved in the prosecution of SARS
and customs related matters vis a vis Carnilinx
and FITA members.

2.14

The Illicit Tobacco Task Team (Task Team) is a multiagency task team that consists of members of the DPCI,
CI, SSA, NPA as well as TISA (BATSA and FSS).
2.14.1 Jonker headed the illicit Tobacco Task Team.
2.14.2 Colonel Hennie Niemann (Niemann) of CI
was likewise a member of the Illicit Tobacco
Task Team at the relevant time period.
2.14.3 Burger of the SSA was also a member of the
Tobacco Task Team at the relevant time
period.
2.14.4 FSS GP and/or FSS KZN was at the relevant
time period also represented on the said
Tobacco Task Team.
2.14.5 We also have reason to believe that Van der
Merwe similarly sat on the said Tobacco Task
Team.
2.14.6 Also sitting on the Task Team were members of
SARS whose full and further particulars are
unknown to us.

OPERATION KNYSNA
3.

We have also been informed that BATSA and/or its Directors

and/ or individuals employed by BATSA with the knowledge

of BATSA and/or its Directors and either one of the FSSs refered
to below and its members conceived a project in 2013 called
Operation Knysna. The objects of Opertation Knysna were
contained in a written document or management plan which
was implemented in 2014. The primary target of this operation
was Carnilinx.

4.

A business proposal was presented to BATSA by FSS and which

BATSA accepted. To this end Botha was provided with business
support and Mike Vosloo, Derrick Vosloo and Van der Merwe
were appointed, according to what we were told, to
implement the said plan.

5.

As is more fully dealt with herein below we believe that the

entities and individuals named in this affidavit acted in concert
in execution of a common purpose to disrupt the business
affairs of Carnilinx, alternatively, conspired to disrupt the
business affairs of Carnilinx.

6.

The Directors of the various entities are all liable in terms of

section 332 of the CPA.

BACKGROUND

TO

INFORMATION

CONTAINED

IN

OUR

COMPLAINT
7.

On or about February 2014 Kyle Phillips, together with Mazzotti

and Sayed (directors of Carnilinx (Pty) Ltd), as well as two
attorneys of Edward Nathan Sonnenbergs (ENS), one Andre
Erasmus (Erasmus) and a second attorney whose name
escapes us, as well as Advocate Nazir Cassim S.C. (Cassim
S.C.),and Malcolm Reeves (Reeves), a journalist from the
Sunday Times, met at the chambers of Cassim S.C., at which
time Walter freely and voluntarily, without undue influence,
and after being warned of her right to legal representation
and the consequences of making the disclosures referred to
herein under, stated what is set out herein after.

8.

On or about April 2015 Walter again met with ourselves, Cassim

S.C. as well as Carnlinxs new legal representative Shaheed
Dollie (Dollie) of Shaheed Dollie Incorporated.

9.

As with the first meeting Walter was again warned about the
repercussions of the statement she was about to give and
advised to obtain the services of an attorney or legal
representative. Walter, however, made it clear that she wished
to proceed and did not need any legal representative. What
Walter stated at this occasion was reduced to writing by Dollie.
Walter however never signed the statement.

WALTERS RELATIONSHIP WITH THE SSA

10.

According to Walter she became a covert agent/informant

for the SSA on or about October 2010. Her identifying number
with the SSA was 5332. Walters primary role within the SSA
was centred around the tobacco industry. This, according to
Walter, was because of her extensive knowledge of an
involvement as an attorney in the tobacco industry in one way
or another since 2009.

11.

According to Walter her handler at the SSA was the

aforementioned Burger.

12.

According to Walter she initiated and subsequently formed

FITA in June 2012 at the behest of the SSA. She was tasked to
attract

and

invite

various

independent

tobacco

manufacturers to join FITA, which she did. As a result of her role

in FITA, Walter subsequently became the attorney for a
number of the said tobacco manufacturers including
Carnilinx.
13.

During the said period, Walter also acted for other tobacco
manufacturers such as UATM. This particular client was
introduced to Walter by one of the erstwhile SSA employees,
one Ferdinand Fryer who at one stage held the position of
Head of Economic Intelligence. We verily believe that Fryer
intentionally introduced Walter to UATM in order to facilitate

SSA unlawfully and illegally obtaining information pertaining to

UATM.
14.

According to Walter, the SSA illegally and unlawfully recorded

and surveyed the first FITA meeting. We have no reason to
believe that they did not continue to do so subsequently.
According to Walter, Burger informed her that the SSA at the
time made use of the services of FSS, who in turn used BAT
equipment and resources. We verily believe that the said
operation of illegally spying on us was paid for by BATSA.
We verily believe that TISA and specifically van der Merwe and
Finch, FSS GP, FSS KZN together with its directors, subcontractors and employees and BATSA were aware of this
unlawful and illegal conduct.

15.

According to Walter her relationship with BAT came about as

a result of her identity allegedly being exposed to FSS by
Burger. According to her, Burger introduced her to Vosloo.
She alleged that Burger exposed her identity and role to
Vosloo on or about March of 2012.

16.

On or about 5 December 2012, Vosloo in turn introduced

Walter to the aforementioned Denyer, although he was
introduced to her as Daniels. For ease of reference, we will
refer to him as Denyer hereinafter. This meeting took place at
the Intercontinental Hotel in Sandton.

17.

During the meeting, Denyer advised Walter that their

intelligence agents and/or operatives were paid around
50 000 British pounds (pounds) annually, and that there were
bonus structures allegedly in place for successful prosecutions.
Denyer further indicated that he would in future have direct
contact with her and instructed her not to have any further
contact with Vosloo. According to Walter, the agreement was
that she would be paid offshore.

18.

According to Walter, she was subsequently informed by Burger

that Vosloo reported to Burger on Walters relationship with
BAT. Walter in turn reported to Burger on her meetings with
BAT.

19.

According to Walter, she again had contact with Denyer late

December 2012/early January 2013 and it was at the time
agreed that Walter would travel to London to meet Denyer. It
was agreed that Walter would be reimbursed for her flight. Her
understanding was that BAT would be the entity making the
payment. According to Walter, Denyer arranged for her to
attend a workshop/seminar in London. The said workshop was
to be paid for by Denyer.

Again Walter understood that

payment was actually coming from BAT.

Denyer further

arranged for a driver to collect Walter from Heathrow

international Airport and to take her to the Waldorf Hilton

Hotel, Covent Gardens, where she stayed in room 205. We

attach hereto copies of Walters e-ticket marked A, as well
as the booking confirmation of the workshop she attended
with the British Continuing Legal Training marked B
20.

According to Walter, she was introduced, during her three day

stay in London, to Evans and a female analyst called Jane.
Both these persons confirmed to Walter that they were BAT
employees. Our understanding was that the said persons were
particularly interested in information pertaining to Walters
clients such as ourselves and the other independent tobacco
manufacturers mentioned above. We again wish to point out
that whatever information Walter provided the said persons
she gleamed from her role as FITA chairperson, as well as being
privy to FITAs and FITA members legal matters.

We

furthermore believe that there could have been no doubt in

the minds of the said persons that they were not entitled to be
privy to the said information Walter sold to them. We verily
believe that both parties were at all relevant times aware that
they were acting unlawfully and illegally.
21.

According to Walter, she was debriefed and questioned

regarding various persons or role-players in the industry. The
meetings took place in the meeting room in the Waldorf Hilton
Hotel as well as other offices. According to Walter, from that

time onwards, she provided information intermittently to both

the SSA and BAT at their joint request
22.

We verily believe that the aforesaid facts support the fact that
Burger, as a member of SSA, had an unlawful and illegal
relationship with BAT which extended to him sharing
information he obtained from Walter with BAT. His actions in this
regard, as already stated, were clearly unlawful and illegal.

23.

According to Walter , her next meeting with BAT happened on

or about 12 March 2013 at the request of Denyer. They met at
a guesthouse east of Pretoria where she was informed that
Evans was to replace Denyer as the BAT agent responsible
for South Africa. According to Walter, she met Evans on or
about 18 March 2013 at the Hilton Hotel in Sandton where she
was briefly introduced to Duncan.

24.

According to Walter, she met Evans again on 24 May 2013.

After collecting Evans from the facility of the Gautrain station,
Sandton, they continued to Kievits Kroon where they had a
meeting. According to Walter, Evans recorded the greater
part of the meeting.

At the said meeting they discussed

various aspects and players in the tobacco industry and in

particular the GLTC factory.

She was also shown video

footage of a raid at the premises of FOlLHA. According to

Evans, the footage came courtesy of a FSS member who

accompanied the SAPS and/or SARS officials who conducted

the raid. He allegedly hid the camera with the intention of
getting footage regarding the factory layout. We again have
no doubt that Evans possession of the said footage and all
the acts that preceded him coming into possession of the said
footage were unlawful and illegal.

According to Walter,

Evans trip to South Africa at the relevant times hereto

coincided with an inter-governmental tobacco task team
meeting held in Pretoria. Apparently Potgieter, BATSA as well
as representatives of FSS also attended the meeting.
25.

During June 2013, Walter allegedly travelled to London. She

spent one day of the trip with BAT. We pause to point out that,
according to Walter, the payment arrangement at the time
was that she would be paid 36 000 pounds per annum
effective 1 January 2013. According to the arrangements with
Evans at the time, Walter did not take pounds with her to
London as it was agreed that she would be given cash as part
payment. On her arrival, Evans apparently gave Walter 3250
Pounds in cash. According to Walter, she signed a receipt for
the said money. We verily believe that the said actions of BAT
and its representatives as well as those of Walter, were illegal
and unlawful.

26.

As per the arrangements, Walter did in fact meet Evans and

Jane at a hotel. She was, at the time, introduced to one
Rachel. The meeting continued for the greater part of the day
and she was particularly questioned regarding GLTC and
Carnilinx. We, again, have no doubt that the aforesaid
conduct was unlawful and illegal.

27.

According to Walter, she at the time disclosed to BAT that she

had created a BBM chat group with Carnilinx which she
named Evil Inc.

The content of what transpired on the BBM

chat group Walter handed over to BAT and to Burger. We

rather believe that she in fact sold it to BAT. We wish to point
out that at all relevant times the understanding between
ourselves and Walter was that the said chat group would be
used to also discuss and seek advice on legal professional and
privileged issues.
28.

According to Walter, she discussed various payment methods

with Evans between June and July of 2013.
recommended they give her a Travelex card.

Evans
Our

understanding from Walter was that they referred to BAT.

The agreement was that the said card would not be in her
name and that the card would not be traced to her
personally. The said monies would be loaded by BAT onto the
card each and every month and Walter would be required to

withdraw the cash either in South Africa or elsewhere.

According to Walter, she was handed her first card in July 2013
in South Africa during a meeting with Evans. According to
Walter, Evans assured her that the Travelex cards were widely
used by BATs intelligence network operatives internationally.
According to Walter, she discussed this issue with Burger who
confirmed that he knew about it.
29.

According to Walter she met Evans on 19 July 2013 in South

Africa.

After collecting Evans from the Gautrain Station,

Hatfield, they drove to Kievits Kroon where she booked a

conference room. We have a copy of this booking
confirmation. Evans recorded the majority of the meeting. It
was at this meeting that Walter was given the aforesaid
Travelex card. At the time the card had already been signed
on the signature strip and Evans provided her with the pin
code for the said card.
30.

According to Walter, she next met Evans in Pretoria on 24

August 2014.

The said meeting took place at his hotel room

at the City Lodge Hotel, Lynwood Bridge, Lynwood, Pretoria.

The greater part of the meeting was again recorded by Evans
and at the time Walter again provided him with information
regarding the tobacco industry and her clients. We again wish
to state without sounding repetitive that the conduct of Evans

and Walter were illegal and unlawful. At this meeting Walter

was provided with a second Travelex card.

According to

Walter, she signed the signature strip on the card and Evans
again provided her with a pin code. Walter provided us with
the said original Travelex cards, which we still have in our
possession
31.

According to Walter she skyped, texted, whatsapped and

BBMd Evans regularly throughout their relationship.

She

however destroyed whatever she had on the instruction of

Evans who assured her that he kept a full record of all their
contacts. According to Walter, she was in fact shown printouts
of same by Evans.
32.

Walter provided us with a cut and paste word document she

saved on or about 15 May 2013 when her internet connection
was terminated which serves as proof of the aforesaid contact
and relationship.

33.

According to Walter she was at one point informed by BAT that

they had planted informants/spies in Carnilinxs factory to spy
on Carnilinx.

34.

According

to

Walter

she

did

record

one

telephonic

conversation with Evans on 14 January 2014 on the instruction

of van Loggerenberg. We have a transcript of this recording.

35.

Walter confirmed to us that she disclosed Carnilinxs

information that she became privy to as Carnilinxs attorney to
BAT. According to Walter, she mainly provided information to
BAT by way of a gmail account. According to Walter, the same
method of communication was used with Burger, if and when
they could not personally meet.

36.

Walter stated further that on or about 4 September 2013 she

attended a meeting with van Loggerenberg, who at the time
was

the

executive

investigations at SARS.

responsible

for

enforcement

and

This was the first time she met van

Loggerenberg. According to Walter, she reported this meeting

to both BAT and Burger, and recorded the said meeting at the
request

of

Burger.

According

to

Walter,

she

texted/whatsapped van Loggerenberg for the first time on 4

Septermber 2013.
37.

Between 25 October 2013 and 27 May 2014 they became

involved in a romantic relationship. According to van
Loggerenberg, he had detailed and intimate knowledge of
everything stated above regarding FSS, BAT and her clients.

38.

Because Evans failed to provide her with information she

requested she emailed Potgieter at BATSA. On 28 February
2014 Potgieter replied, and she responded to him on the same

date. Walters email and the subsequent exchange between

her and Potgieter were provided to us by Walter.
39.

We are advised that on 3 March 2014 Walter again

whatsapped Evans. A copy of the said discussions between
them was provided to us.

40.

According to Walter, she thereafter addressed a letter of

demand to BAT which was delivered by way of facsimile.
Duncan responded thereto on 6 March 2014. A copy of the
aforesaid facsimile was provided to us by Walter.

41.

I have been advised by Walter that she became aware that

van Loggerenberg was operating an unlawful covert unit on
27 May 2014, and that van Loggerenberg was intercepting her
own and other persons communications in an illegal and
unlawful manner. According to Walter, she reported this to his
superiors and to the SAPS.
CONCLUSION

42.

We have reason to believe that the use of the aforementioned

Travelex cards, and the role of BAT therein amounts to money
laundering.

43.

It is quite clear from what Walter told us, as well as what has
been reported in the press, that she was at all relevant times
aware of the fact that van Loggerenberg was operating an

unlawful covert unit and that he was intercepting various

persons communications unlawfully and illegally.
44.

We have, further, been advised by Walter that she attended

meetings with at least two advocates from the NPA as well as
an intelligence officer.

45.

We

have

further

been

advised

by

Walter

that

van

Loggerenberg, in turn, advised her that her reporting of the

aforementioned to SARS, in respect of her tax affairs, and
acting as a whistle blower (media reports March 2014), would
protect her from prosecution. According to Walter she was
furthermore informed by van Loggerenberg that he was
liaising with Her Majesty's Revenue and Customs (HMRC)
regarding numerous tax irregularities pertaining to BAT and
BATSA, and that he had secured protection and immunity
from prosecution for her in the UK.
46.

We have been provided with whatsapp messages between

van Loggerenberg and Walter wherein it specifically refers to
the unlawful conduct of BAT, and SARS action in respect
thereof.

47.

We further pause to mention that we have been informed by

Walter that she learned that Burger held BATSA shares, and
that he had an interest in BATs continued market domination
and illegal and unlawful activities.

48.

We verily believe from information at my disposal that Walter,

during the time she acted for FITA and its members, unlawfully
and corruptly provided SSA, BAT and BATSA with unlawfully
obtained information, for which she was paid.

49.

We have also been advised that during the said period, Walter
endeavoured to obtain confidential tax payers information
pertaining to FITA and its members, as well as individual private
persons associated with FITA from van Loggerenberg.

50.

We have also been advised that she disclosed information to

van Loggerenberg that was covered by legal professional
privilege.

51.

The various offences which we believe were comitted and

should be investigated by the SAPS are:
51.1.

Offences in terms of Sections 4,6, 20, 21 and 34 of the

Prevention and Combating of Corrupt Activities Act
12 of 2004;

51.2.

The offence of contravening section 67 and 234 of

the Tax Administration Act 28 of 2011;

51.3.

The offence of contravening section 6(2) of the

Regulation of Interception of communications and
Provision of Communication related Information Act
20 of 2002;

51.4.

And Defeating or Obstructing the Course of Justice.