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    PP Annexures

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    Kyle Cowan
    Whistleblower's affidavit relating to events surrounding Public Protector Busisiwe Mkhwebane - annexures

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    © All Rights Reserved
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    PP Annexures

    Uploaded by

    Kyle Cowan
    232K views60 pages
    Whistleblower's affidavit relating to events surrounding Public Protector Busisiwe Mkhwebane - annexures

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    © © All Rights Reserved

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    Whistleblower's affidavit relating to events surrounding Public Protector Busisiwe Mkhwebane - annexures

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    232K views60 pages

    PP Annexures

    Uploaded by

    Kyle Cowan
    Whistleblower's affidavit relating to events surrounding Public Protector Busisiwe Mkhwebane - annexures

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    of 60
    Pes “Re ‘Comments underiined some on caps , corr rmuune (Public Protector Bankorp cated November 1895 4.37.16 Repor regardiag aesistence the SARB provided lo Bankarp dated January 4506 We. a RUCNZQIMeG U9 0B 2 jutps login-2o.nimecest convin/pertal-ape print,jsp?sid “Bari bHn, Personal Puri ea * 3.79 Report regarding essslance the SAR@ provided Io Bankoip rom FSC in ieie of Me dated February 7696 44720 Document on Bankara dated February 1966 (writen in Africans} 4.3.7 27 Report cagarding assistance the SARB provided to Bankarp dated Marin 1965 437 22 Letter aocermsenying the anna copar of Bankorn dated July 1896 4.3 7 28 Document aezemaanying tha cvganogian of Senkatn daved August 1996 43,7.24 Document sdzizing on the tanstes of assats trom Bankorp ta Absa dated January 1897 (writen in Arrikaans} 4.3.7.28 Documect on Bantor dated MAgy 1997 (written in Alikaana) 4.3 7.28 Media artcle on Bankorp deted Ocaver 1988 49.7 27 Media artele on Bankorp dated Hhovernper 1289 4.2.7.28 Enquiry or who were the auditors cf Bankarp dated yaar 2000 427.28 Meno forthe Governor's pave! dated year 2000 GOODSON BOOKS PAPER FROM ECONOMIST Suusrission by BFLF SARS RESPONSE 43.8. Intersews conducted and maeings held 4.3.8.1 4 mootng wes Pefd with Ms Maris Remos aopearing as buth Group Chief Exeouive Ortces of Barclays Arisa and Former Diraciot General of National Treesury on 24 May 2016 TE. 42.8.2 A mesting was held with Reverend Frank Chikane; former Ditester Generar in the presidency on 31 # May 2016 L Cc suhogin-ga.winzeast convav'portal/epn/print iso tsid=Barl ba 2RuCNZOMicd,. WULENAST 492.34 mesting mas hele wik Mi Trove: Mavs termer Finance Master an 34 duly 2018 shor con ating Woe ek wit Mr Than0 Missi former President of the Repubtc of Sonn Aes wh 12 Mey 2016 432.8 A esting was held wits Judge Dean's Davis on 22 July 2013: 43.85 4 consultation macting ned behyaen PP and Jucge Heeth on Macc 2074 4387 Amectng was Mole wit tomar ceserve bank governors Ms Tte Mbewoni and Gil Mares on 02 September 2013 43.8.5 A Coneutiatlon mesting was hed with Adv Witiom Heath on 24 January 2013 4.3.9 Legislation and otver Prescripts 43.81 The Gonsteuton of the Rerubiie of South Attica, 1905 tha Constitution) 4.3.9.2 Batho Pele Princiotes, 43.03 The Code of Conduct for Punic Servants 4.3.8.4 Promotion of Administrative Justice Act 3 of 2000 SARB ACTS. BANKS ACT § THE DETERMINATION OF THE ISSUES IN RELATION TO THE EVIDENCE O87ANZD AND CONCLUSIONS MADE WITH REGARD TO THE APPLICABLE LAW AND PRESCRIETS 51 Whether the South Airican Government catered into an agreoment wih CIEX Lid te investigate avlegeu. apartherd corruption. ‘Common cause issues hups: login-2amimecast connupertal app printjep?sid BarlbHe 2RuCRZOIMt6, Personal Povtal Bocas ammron couse thatthe South Nilcan Government enierec ito an agmemert with CHEX Lid ox 6 Ouicber 1997 54 Zin an nlervowheld on 12 May 2018, Prosident Thabo Mueki slated thane cecaied that Mr Mlccael Satey approsches ond eflered iis Servieas, al ete wes corruption during the apart yeere ang tee were bivons thal were recoverable, and farmer that he had means ard capecily 10 recover thase bilions 5.5 3 Presigert Thabo Mbeki stated thar. Wichoot Oattey required funer investigation in order ty Property identfy hess monies and recover, President Trabo Mkt further slated that Mr. Michaa! Oaitey ‘Was refernng to monies corruptly acdlited ana tratted owt af the country £.1.4 Plesidert Thabo Mbeki stated that a decision was tacen fo lake him yp oa his fer to investigate and recover but because lM, Michas: Oatley was talking about manies outside tha county aed investigation ‘bout that they then decided that Mr. Michael Octloy must dea! with te Sauih Afican Secret Servcet . 5.1.5 Prasdent Thehe Mbeki advanced that the coason why te. ly Nasetia signed the cortract wae Decause he was heado! he South African Secret Services at the time and the mettar dealt with rrories ‘hat had et the county, nowever the money originated in tre Republic of Sauth afc 5.4.5 lr. Miche! Oately submited thal deiberalions leading tothe signing of a contract, imolemantedt By the Diector General of the South Affican Secre: Services, Mr dilly Masethla, an tha instructions of the thes Datuty President ‘Thaba Mbeki. folewed two personal meetings between Deputy Prosigert Tkabo Moexi - and Mr, Micha Oauey 5.1.7 Ne. Michael Catiey further submited that me first maeting was at ihe Dapuly Presidents oficial residence in Cape Town an 22 August 1997 this mesing Nr. Michael Dat ai ol epogrerime cf, | ‘pporenities io recover assets and monies stolen during the eparthe'd period. The second meeting waa’ held an 26 August 1997 when and al the conctuslen thereof, Depuly Presiden! Thabo Mbexi accepted tne GIEX Lids proposal fer action sianieg wih the ABSA Batk lifeboat. 31.8 Mr Mehae! Oailey submitted that Deputy President Mbeki then instacted that the contract with QWEX Ltd. would be with the South MMrizen Secret Services on bahalf of the Sou Afikcan Government Conclusion 5 1 9 The Sauih Atican Government represented by the South African Secret Services die enter inio an sareemont wt CIEX Lid. The Deparimend of State Security Ageney confirmed the contract in @ miesing held with the Public Proxector on 3 May 2017 5.110 The contract had the tafowing assental terre: (3 CIEX was appointed te provide consulting services to the Reputtic of South Arce, jartbHin 2ReCNAGIMteG.., 28h 95821 lngis- 2a.mlnecast.convan/aertel/app print isn?si {tj The agreementweas tone reviewed snonsily, ie) CIEX was 10 work inelbse cofaboralon snd uncer qudanca of eosignated oes in he Republic of Seu Afiea; {ed} CIEX was to repat fuly onileaatvtet at rot les than moat inlervals {) CIEX was to provide inetigenca and saview in regaed the following 2 obtaining restition ‘or lagalsuoventions provided by GARB ta ABSA and cner:nsiiutons tho} stogping such flegaltes, and kroroving cori at BARB end fw barking ayers general {co} recovering misapproaraked gubte monias and sesete 124) negotiating withthe Swi and ether governments arc benting suhariee for wan reroveton of ands ara posibve eupaert far the Remubic cf South Africa kt regard to borrewing requllerients, {ee} deyataping leverage wih major commercial interes inthe Republ of South Aisa win 8 ew Is pohtain greater support for gavemmentat social anc eccnom progiamenos; snd (fy redressing the Information balance on corruption issues (0 CREX nat te diecloee any inferrsation rated to the Investigation: tg) Payment te CX inthe amount af 160 900.00 Bish Pounds pst emonth Meuding peyment =f commnssions to CIEX for manies and asuets succassflly racovered, E:1.\ttis therefore concluce thatthe Gavernmant through the then South Aiécan State Sesutiy A604 entered into an agreement with CIEX Ltd, on Qcteber 1897 tv investigata aparthals cosrsorioe 4:2 wneite the Gouh Mizar Govstnmant and fe than Sou Alfisan State Secury Agwacr imerepet recta taslemen! te CIEX repo, deng wi aflagee stolen stata funds, afer commessoning 38 uly paying for some Common cause issues 62.4 tes notdspated inal 1X Ld. autem a rapet to he South Afican Govermentin Aegis 1988 65.29 The epor sutrited by CIEXL,alened ie South Affcan Government on mlsanprenrton ot unas: 3 clade te 32 Zien aigadlyorad " Bankorp Leh as @‘Mteboet a several BHons ofan phoned affshore in iret deals. MEETING WITH SSA Issues in dispute NATIONAL TREASURY RESPONSE Appicatien ofthe retevent Sew SECTION 257 of ne canst _ FE ‘Canstuston haps: ogin-2a mimecast.commuparalrapp/prist |sp side Bar] bb¥in_2RUCNZ ORM: Personel Pestal Page 2 63 Whether the Sauth African Government end the South Atican Reserve Bank inpreperty faled 10 recover from Benker LintedABSA Bank an amount of 2.2 billion ciled in the CIEX report, owed as.8 resuit of a legal git given to Benkorp LiritewiABSA Bank between 1996 and 1836. lesves in dispute Heath proclamation and media statement Davies tepon and findings Stas nrview ABSA RESPONSE AND DOCUNENTS VEWED SARB RESPONSE GOODSON BOOKS ECONOMIST VIEW Application of tv tow CONSTITUTION SARB ACT BANKS ACT Conetusion 5.4. Vihetna the South Affican puble was prejudiced by the esaduct of tne Goveramant of South Afitcs at tne South Atrican Resave Bank and # so, whal would it ake to ensure justice Commen cause issues FEES MUST FALL TRIPLE, CHALLENGES Issues in dispute NATIONA: TREASURY SARE HALTH lipscitoain-zs animecass.com/avvertalrann/orint.isn'sid BasTbHe 2RuCNZOMes FH lc mune Goonsox ECONOMIST Agplcetton ofthe ow CONSTITUTION PREAMBLE FREEDOM CHARTER, BILL OF RIGHTS Canetusions 8. FINDINGS Having considered the evidence uncavarad during the invectigaton agsinst the relevan’ regulatory framework, tne Public Protector makas the follwing findings! 6.1 Whether she South African Government entered info an acreemant wih CIEX Ud. 10 investigate aleged agarinerd caruatio. SUBSTANTIATED 6.2 Whether the South Africen Gevernment end the then Souik Afnaan Siats Security Agency improrerty ‘ailed a implement ine CIEX report, dealing with alagedt stolan sate Funds, ater cornrissioning and diy paying for same, [SUBSTANTIATED BECAUSE THE MOMES WERE NEVER RECOVEREU AND USE WRITTEN SUBMISSION OF SBA 6 3 Whether the South Amcan Governmert and the South Afican Resorve Benk improperly fair to recover from Barkeep Limited/ABSA Bank an atiount of R3.2 bilion. cted #1 the CIEX repo", owed as & result of a Itegat oft given 12 Gankorp Uimited/ABEA Bank between 1966 an 1095: SUBSTANTIATED HEATH, STALLS 6.4 Whether the South Africa publc wes prajudized by the conduct of the Government of Soult Africa ane the South Atican Fieervo Bank and # £0, what wourd ittake to ansure justice: SUBSTANTIATED, BFLF SUBN'ESION 7. REMEDIAL ACTION PRESIDENT PROCLAMATION FOR SIU TO RECOVER ALL THE MONIES AMEND THE CONSTITUTION TO CATER FOR STATE BANK PER GOODSON PROPOSAL ( to-core fonps: Yegineza.tiimecast.convn portal spp print jsp?sid~Barl be IRUCN ZOE Personal Portal future auch occurences by banks) & MON-TORING ADV BUS'SINE MKHWEBANE PUBLIC PROTEGTOR OF THE REPUBLIC OF SOUTH AFRICA Date: Assisted by: a Sent from my #Pas Barloln 2RUCNZOMIs. He bits tHloain- sa roumecast comin/portel/acnbtiat. 928d Personal Portal Re: Draft Report ‘Buclaive Mihumbane (Puble Protector}

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