MPI coopers SMCUNEA AMO AEREESNEATONETS fe (oon avo oro (11) aar-seae f slngrpltannys sone yas Per dohaneesburg 7.0, Box 522110, Sexonwold 2192 ‘Gur Rek GOWINATSIS —~~-~wrtrs direct no: (07) 447-0345 Your Ret mall addrese: asinin@@molatiomeys.coza 21 January 2018 ‘The Chairperson ofthe Commis Deputy-Chiet Justice Zondo Judicial Commission of Ingulty Into Allegations of State Capture Hitside House 17 Empire Road Park Town Johannesburg 2199 ‘Tet: (010) 214-0654 Dear Deputy-Chlet Juste RE: THE PROCESS FOLLOWED BY THE JUDICIAL COMMISION OF INQUIRY TING TO THE EVIDENCE TENE MATTERS INCIDENTAL, THERETO 1. The above matters refers, agsogns Peters ine aorey Capa eC2. We ae acting on behalf of Mrs Pauia Nomvula Mokonyane (Our Client), and she ha instructed us to bing the following matters to your atenton, due consideration and respons. 3. On or about 16 January 2019, an investigator from the Commison advised the offeeof ou lent that she may be implicate by the evidence tendered by Mc Angelo Agriss and ths she is welcome to attend he proceedings in person or appoint a epresentatve todo so, The ai investigator further deat that the Commission has resoled not o issue notes to implicated persons in toms of Rule 3.3 ofthe Rules Governing Proceedings ofthe Conmision, 4. Our cent has to date nt bean furnished with reasons forthe Cammission to ‘resolve or decide ta deviate fom Rule 23in o fara elatas tothe evidence: ‘of Mr Agile The Commission has not afforded our cant an opgortuny to at least make representation before such decision was taken by he Zonmisson. The falur bythe Commission to afford ou ellen reasons oF an eppetunty to consider such decision andor make representations, constitutes a beach of cour cents consttutona ght to procedural faimess. 5. The exont of our cents ight breach was evident when she was requested by the City Press and Sunday Times Newspapers to respond i allegations hich are aged tobe inthe affidavit doposed by Mr Ags. Having not boon aflorded. the opportunity to access the afidait of Mr Agissi by the ‘Commission ourcent fet betrayed by the fact that the newspapars which are rot affected parts had accoss tothe contents ofthe affidavit and expected hor to respond to such allegations. 6. Thenewspapers ers to sources clos tothe investigators ofthe Commission ‘and Mr Ags as persons who provided te relevant information relating othe ‘tegatons 2s set cu inthe said newspapers. Is appsrent to our cent that there are officals ofthe Commission who are bent to undermine te neg cf the Commission and trump on the rights ofthe implested persons. 7. thas futher come to our cents attention and the Commisson may take Juda! notes or shou have come to the attention of the Commision’ officials tat a purported unsigned copy of Mr Ags atidavt anda Ist ofImpliated porsons have beon widely circulated inthe social media containing the set-sare alogations reported inthe aforesaid newspaper. Noting that itis not the fest time that infomation before the Commission has been leaked, i doesnot appear that there are sufclnt measures in place to safeguard the leakage of information trom the Commission Our clent has a legitmate ‘expectation tha the Commission would take reasonable steps and exere a duty of care to safeguard information in ts custody in particular in cSroumetances where our cent has been denied the rah lowing from Rule 133 of he Commigsion. Copies ofthe unsigned ada of Mr Ags and the Ist of implicated persons circulating on socal media are attached hereto a ‘Rand "8" ‘Ourclentis ofthe view that he aforesaid atloged conduct by thectfiials ofthe ‘Commision and the median aiding or facitating he leakage ofthe aforesaid Information have conducted themseWves in fagant sisregard of he athorty, respect he purpose and work ofthe Commission. The aforessd conduct of the median colusion with aleged sources fom the Commission has ld to Uundesives consequences resulting inthe circulation ofa whatsur message by fone Farida, Zuey Joyee (alleges joumatst at Sunday Ties) detasing alegations of how ehe was forced to wre an artcle inter ala targeting our ‘lent. It appears that Sunday Times has denied that this afresal journal is in ther empl. However, this aleged journalist has again posted to gainsay the fact that she isnot in the employ of th Sunday Times. She has further made allopations thatthe Secretary of the Commission has 2een feeding ‘commission documents to one journalist and Sunday Times. Itmaybe that the ‘allegations made by Ms Farida are unfounded but such &concudon should be preceded by a proper investigation to eliminate any suspicion cf clusion by the offs ofthe Commission and the Meda, (Our cent is ofthe view that her consttutonal right to be heard before the (Commission rescued to deviate fom Rule 2.3 denying her access to Me ‘arias statement nas been breached. Our clint ight te procedural fees ‘has been breached in patiular, where the media demand thatshe responds {0 he allegations 2s se outin the afdavitof Mr Agis The meda has aresult usurped the cle and functions of the Commission and tis conduct has versely prjudieed our ent a