3 November 2016

Dear Major General,

Further to our recent telephonic conversations and your queries regarding the corruption charges arising out of the “retirement” of Mr M Nxasana, we attach the supplementary affidavit you require together with your letter of inquiry to us dated 16 September 2016 to help you to complete the investigation in the matter.

In the light of the publication of the ‘State of Capture’ report of the Public Protector yesterday, there is now an element of urgency in this matter, given the content of the report.

We are accordingly copying this email to the NDPP and the DPPs of the two courts that have jurisdiction to adjudicate the charges foreshadowed in the complaint laid in July last year. We do so in the interests of facilitating expeditious decision making in relation to which court will be the venue of the case. Having regard to the history and common cause facts of the complaint against Hlophe JP by the Justices of the Constitutional Court, we would respectfully suggest that the seat of the administration in Pretoria is the more appropriate venue for the case.

We trust that you find the above and the attached in order and that the additional information in the affidavit attached suffices to conclude the Hawks investigation of the charges in the matter. There is a unique element in the matter in that the facts are surely common cause, the evidence will be brief, and the opportunity to demonstrate the independence of the Hawks and NPA is presented by it.

We hesitate to entrust the hard copy of the attached to the post for fear of losing it. We can hand it in at Ocean View SAPS or at the NPA in Cape Town or you can make arrangements for it to be collected if you need it.

Yours in accountability,

Paul Hoffman SC

Director

Institute for Accountability in Southern Africa

Campaigning as Accountability Now

VIEW AFFIDAVIT HERE