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 RESPONDENTFIRST 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 NHLANZIAND 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 BRIDGE4 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 MOATSHEVAN 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" RESPONDENTFIRST 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. OJam 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 judge1 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. CN28. 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 bfFIRST 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, A15. 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. bi48. 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 aPublic 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 vDeputy, | 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 Awould 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" RESPONDENTFIRST 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 ‘/fa \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% RESPONDENTFIRST 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 bethereof 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 IGaHer 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 Fabssight 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