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declares under oath as follows:

I am an adult male, a South African citizen and the Leader of the Official Opposition (the
Democratic Alliance) of the Republic of South Africa.

As such, I submit that I have sufficient interest and the necessary locus standi to depose to
this affidavit. This is a matter of immense public interest.

I have read the report entitled “DERAILED”, drafted by the office of the Public Protector
(PP). It is a report on an investigation into allegations of maladministration relating to
financial mismanagement, tender irregularities and appointment irregularities with regard to
the Passenger Rail Agency of South Africa (PRASA).

The report is dated 24 August 2015, and was issued in terms of section 182(1)(b) of the
Public Protector Act, 23 of 1994.

The report details the findings of the PP pursuant to the abovementioned investigation, and
pertains to 37 complaints lodged by the South African Transport and Allied Workers Union
(SATAWU) and by the National Transport Movement (NTM). These complainst related to
inter alia maladministration, procurement irregularities, conflicts of interest, nepostism and
victimization of whistle blowers. These complaints indicated the abovementioned actions
undertaken by the Group CEO, Mr Lucky Montana and other functionaries of PRASA.

PRASA is an important and strategic organ of state, and any maladministration has serious
implications for efficient and effective public transport delivery in compliance with section
195 of the Constitution of the Republic. PRASA is an organ of state listed as a National
Government Business Enterprise in terms of Schedule 3B of the Public Finance
Management Act, 1 of 1999 (PFMA).

PRASA has four subsidiaries – METRORAIL

(operating commuter rail services in urban areas), SHOSHOLOZA MEYL (operating
regional and intercity rail services), AUTOPAX (operating regional and intercity coach
services and INTERSITE (managing the corporate property portfolio). PRASA reported an
accumulated loss of R4.4 billion for 2010/2012 and an accumulated loss of R1 billion for the
2014/2015 financial year. The budget allocation from Government for PRASA for the MTEF
period 2015/2016 to 2017/2018 is R17.2 billion. The complaints investigated in the report
of the PP deal principally with alleged procurement irregularities in an amount in excess of
R2.8 billion.

The essence of the complaints (which are set out fully in the report entitled “DERAILED”,
and which is attached hereto in its entirety for ease of reference as annexure AMM 1 to
AMM 391, were that Mr Montana, as Group CEO improperly awarded tenders, appointed
service providers without following proper tender processes and allowed maladministration,
corruption, conflicts of interest and financial mismanagement on a large scale.
The specific allegations investigated by the PP are set out in paragraphs (ix) 1 to 35 on
pages 5 to 12 of the report, and further clarified in paragraphs (x) 1 to 38 on pages 13 to 18
of the report.

The findings of the PP are contained in the report under point 8 on pages 360 to 386. To
avoid prolixity these are not repeated here, but form part of this affidavit.


The Remedial Action ordered by the PP is set out fully in point 9 of the report, on pages 387
to 391.

I desire investigation by the South African Police Service into the allegations contained in
the report and more particularly into the findings of the PP, with a view to instituting criminal
prosecutions against those persons implicated in wrongdoing in terms of the activities
detailed in the report.

Signed at Cape Town on this the 26th day of August 2015.



I certify that the deponent has acknowledged that he knows and understands the contents
of this affidavit which was signed and sworn before me at Cape Town his 26 th day of August
2015, the regulations contained in Government Notice no R1258 of 21 July 1972 as
amended and Government Notice no 1648 of 19 August 1977 having been complied with.


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