(3F EEQUERY ENTQ YAX ADMINISTRATISN AND GGVEREQANCE BY THE SOUTH SERVICE RULEEKEG This Cemmiseiee e? inquiry was esiebiiehed {m 24- Mey 2918 by Preelematiee under the heed ef the President.1 The Preeiemetiee appe?nee? me as eseisted by Mr Mieheel Kate} Mebengi Masiie, and Mr Veye Dominie Kahie, Sean after its appeintment the Ceme?z?seien begae 1?35 week. The: beceming familiar with the cempiee?ty anti intere?ewieg empleyees whe migh: have infermatien reEe?eent t0 the inquiry, ceiling fer the predectien ef taming ?e terms with systems that are esed fer the eefiect?oe ef taxee, inviting submissiees and the predectien {3f eeidenee, and the iike. Thus fer inqeiries have been an a number 9? freeze that have progressed ?e variees degrees, and it is anticipaied that they wili matinee t0 progress as cemes te Eight eed as time allews; The Cemmiseien is entitied Ce evidence in eerieus farms. it may (:10 se threegh are} tesiimeey; it: may receive ef??eeies er affirmed stetemente; ene it may in the ferm 0f decemeets a?ene? era} testimeey is ie be heard, the Act requires is be heard in peb?e, theugh ehere exceptions, The Cemmissieeis ?re? sessien fer receiving era} teetimeny in pebiic was heid free: 26 {e 29 2018. Mindfei that the ef Mr whe has been. suspended {rem his defies; might have ee ieterese in the hearing; I drew his etieetien ?20 {he en Wednee?ey 20 Jame in ietier written te his attemey; i Preciemai?ee Ne. i? ef? 2&8 pubiiehe? in Geveremeez Gazezte Ne. 4:652 ef 24 ?May 8. i5} 2 ?i writs its i?f?i?f? 3333i}; is? yam? and as a is Cii??ti Has? this Cammissisi} {if be iiesiizig evicisnce pui?ic fi??ii?i?i 26 is 253 fuse 2318 at 143339 26 juiie 2618 the venue: ii (in Friday 22 fume 2:318 i ressived a repiy Msyane?s aiismey in terms: ?25 i?us; inter (2552, {is the Shari netice ii is mi passibis ti) stiemi the fail. iisweiier ism" Ciient deems it nssessary is reqsest an ti} aiidi?ESS the Cammissisn hearings infer aim, is piase certain issues on the $23de ami whsi?e necessary t6 seek certain Sash issues may mic be limited ts: 21 2.2 2.3 3. Raising an abieci?iss against the suitability {if Prsii Michaei Kaiz is serve as a member {if the {Sammissisn given his ses?icie? status as the bssiness iegsi representative {if Mi? Cyril Rsmapi?issa sighs is: 2.1.1 The President: siSsuth Afrisag 25.22 The p?srsen whiz: {he Csmmissian; arid 2.13 The perssn wiio is sur client?s key adversary in pendisg discipiisary this Csmmissisnsr an undsriaidiig item the Commissisii that; ii: stay Cisai? {if deaiing with any which is the sabieci mattsi? of the dismiss whish have been pissed befsre the discipiinary chaired by Adv Azhsi? Biiam SC sit; as its avoizi dgubie and manifsst unfairness. Exgressing 0122' Cheats interest in and ss?spemtisg with your Csmmississ and is the pissiisai fsi? 3s} his capacity as {he cuirsiit Commissisner We wosid appresiate it if an ariaiigement {tsii iji? reached far dies? is make submissisi?is in respect 0f {he absvs issues {in 2g hiss 2018 a: ysui? time. Three {if the letter are striking. {at} it is that Mt Meg/ease; wheeze mange} tepeatediy emphasised hie Vita} ietetest in the sheetd eet have it pessible te attead the flat} hearing en aweett?a aetiee. That is even mete striking when, I was teld by his: ceueset in the meme ef his etibmiesiee, Mt Meyaae sat watehiag white the heating was taking plate. it is striking that the issees he said he wished te ptaee en and where Seek ratings, wag left epeet It is enema] fer an eepettaetty te be seaght item a ttibeaal te piece matters ea et to seek rulings, but leaving it fee later te identify what these matters and rulings ate. Thirdly, it is striking that the appertaaity ta addrees the Cemmiseiee was requeated fer a date that was after meat of the erai teetimeey ateuid have heard. it" Mr Meyaae was ceneemed te amid the Cemmissiea teething ea issues relevant te the inquiry by askieg {at an eedertaitieg net te de e0, might have theaght he weeid have asked 50:" the undertaking befete the testimeny was heard, aed wettid net have waited until after the heme might have belted, beating in mind that he had at} keewledge at what testimeey was te be heatdt Fee ali he knew} the testimeey might have related t0 the charges Eeveiied against him in the disetptieaty ieqetty. [10] Ali became dear at: the emerging at Friday 29 fame when; at the cemetencement ef the preceediegs, his eeuesei heeded te me a the that wete te be made ta sweet: ef his ebjeetiees? On this a third ebieetiee had been added, er: the evideaee that had been heard; Indeed, that ebjeetiee seems te have been feteteost in his mind, betaaee the sebmisstees ate tn the ?rst paragraph with ma meetiee ef Prefesset Kate, net of the undertaking that was seeght}, bat is directed ta the newiy iatredueed ebg'eetiee. This :13 heat the first paragrape reads: 4 This sebmiesiee Seeks, ?e summery Eerie; te the strangest pessibie eh?eetiee against the eed ef this Cemmiesiee. The sebmiee?oe three beeae tepiesg eemeiy: L1 1,2 WHEREFQT zine 1.3 [11} The is Ne less disgrace?z} than its Er: eeuesel?s address. The ef the deeumeet plays fee: eed Eeese with the feats, draws free?: medeqeete end is littered wiih abuse; and seggestiee; perpeetieg te seppeei ae eliegetiee thee 50 ii: was said The Cemmiseiee has ere?edge? the issues; befe're it eeci is mereEy geieg ihreegh the meziees te reach a eeECezee?. [12] The ef the decement is direcie? else a: threwieg bait befere the media aimed at; emeegst ethere, in the me?ie an eflegetiee the? ?regee eeie? existed within BARS. Eedeed, in the merge ef his sebmissiens fer Mr heeded me a memory stick whieh he saic?i esiabi?shing the existence ef seek ?urea, and he that I share it with the media! if Mr Meyaee {e distribute meteeie} {e the media thee he must dc; it himeeif. This Cemmieegee will eertainly net 3e ee hie behei? If it is reievent {e the Cemmiesiee?s terms 0? reference whether er there wee whet has been ee?eei Leegee eeit? within SARS, then {his Cemmiss?ee we: ieqeire inte ii threugh proper and eredible evidence ie the erd?nery eed eat by assertien and memery seek ep free: the ear, [13] tere?eg ice the the: were made E: E3 {e dee} with the reiiege the: were seeghe wee eekee Ee make five rulings that: were expressed as fe?ews {my numbering}: ef this Cemmtsetee; eitemetteely a stay of its heading the eutceme etthe {Eisetpheety teqetw; 2. thet ah the et the past three deye he exhehge? free: the as it wee ehtethee easier 3 hege eleett ef entawtetnese and prececture? eetetmess; 3? the teenage; et Pref htteheel Kate as a member efthe ett?emmteetehets; e. an enderteitihg that this Cemmissiee we} eat eetertate eeitiehce er heat evideece teietieg te en}? subteet matter he} issue Whieh farms pert ef the Siseiphhery inquiry; arid/er S. titreetiee that SARS must htevide the necessary Eegal te the Commisstehet te exerciee his rights, which have hithette been Vietete? at this Cemmiseieef [14} I deed with each efthese ratings in term. [15] As t0 the ?eet rating. This Cemmtes?ee was estehhshed hy Preelematiee under the hand at the Presideet. The Cemmiss?ee has ee pewter ie Eew t3 disselee itself. it else has he peteer te its theeirtesi It hee been insteecte? by few ta make the ihqeities listed tr: its; terms at that ts whet it must to de. [16] As te the eating There seems te he a View in same qeetters; evi?eetly Sheree by ceuesei ?t this case, that we be made te go away by a ef he a efiaw settle evidence is het admissihte aed may net be taken Eete by the that sense that has been eeceteett, when tn truth it is not admissible, might be ?expeegee? free?: the record. What is meant by that is net that the evidence dees net exist but ehiy that it must be ignored when the mekee ite decisien. [17} The same is het te he said efe cemetieetert ef inquiry. h: meet seek te eetehhsh feats eeti the late {tees net require it te igeete Et sheeid be eensciees ef the 6 teesene why seme is net eemissibte if: eed it might be every efrelyieg en of that kied} but it is net pteeiedeti frete receiving it? Gece era} has been it ie net pessibie fer a cemmtseiee; er fer eeutt; te make the diseppeet, The eemmtseiee {eight cheese net t0 tel}; en the evideece bet that is eemethieg eiee. A re?ne; that perpette te makes; the diseppeet is net pessieie, retieg that teett?tes the Cemmies?ee te igeet?e it is net eempeteet it}. iew, {18} AS te the third rating. Prefesset Kate has been eppet?nted te assist this Cemmiseiee by Preeiametien ef the President. it ie eet eempeteet, as a mettet? ef Eew, fer this Cemmissiee te the Pmelametiee and rule that he sheuld net fulfil that relet es te the eedettakieg that was seeght. This Cemmisstee Wit; give me undeetaking net te that is relevant te its inquirymatter ef Eew. It has ieetmetee te felfii its terms 05 reference and it meet dc: whatever is eed aeprepriete te perferm that task, As te the fifth titling This Cemmiss?ee has he {geezer it} law te direet EARS te pey Mr Iegei fees, er te previde him with legal assistance in same ether way. [21} e? the re?nes is cemeeteet in fee; and on that gmeed the request fer the reEiegs must be tefesed, Bet i it neceesety te deaf with the seemies?ees en whieh the request for the eettees ratings wee {22] {t ie as wet? t0 reiterate the ef a eemmiseiee ef teqeiry. It is within the ptereget?ve ef the President te seek and ebte?e tnfermetiee es the Presideet sees fit fer the ef his feectiees. A eemmissiee ef ieqeiry i3 {me meens by whisk the Preeit?eet might de se. it is 7 cemmtesiee that makes ieqeitiee; and repette its findings and te the Presideet? fer the Preeideet te tie with as he cheeses; end te regeet them} [23} it: this; cese the has aepetetee Prefesset Kate te esstet the Cemmisetee fee geed teesenn Prefeeset Kate is wen keewn te have expertise it} the edmtetettetten ef tee eelieettee, He has edeisee fetteet en tee eetteet?ee and I eatesey he might be epee te de se again, The President has ehesee te have the benefit efthe expertiee et Preteeser Kate by eepetetieg him te assist the Cemm?ssten, eed i am gretefut that he has Se. [24} The President may equaily, if he cheeses, seek the e?vtee of Prefesset Kate by telepheeieg him} at having him te simmer, Whether dating the merge ef thie inqeit}? et at a later time, He might even; it he eheesee, ask Prefesset Katz whether he sheeie eet epen might it: due ceatee be made by this Cemmiesien. in what way, thee, is Prefeseet Kate when he is eske? te aesist in garnering infermatiee eed making recemmeneetiee through the meeiet?e at a eemmisstee ef? teqeiry? He is net cen?ieted at e12. He is deing ereciseiy? whet might be expected, when the President seeks intermattee en tax eeliectien. That the President and Prefeseet Kate have anethet befere! whether it be er seciaiiy, is no teaser: fer the President eet eew to seek his {25} The sebmiesiee that this eheeid net be eendeeted white dieetpiieaty are pending against Mr has me merit Each its separate fenetien eed there ts rte teaser: why sheeld be delayed white the other is perfetmedi eibett that they might it: eeree respeets sever the same greued. Tet}: by ceensei fer Mt Meyene 0f ?deebte is ectisptetedw Mt is net te geepetdy by the Cemmtseteegs petfetmenee et feectiees because that is not whet eemmtestee It might be that its ?ediege cause the Preetdeet te act it}, way that pieces Mt Meyene it: ?eeperdy bet thee it is the act et the that dees 3e. 8 {26} I am awere 0f ihe ehergee that beer: against Me Meyene, whieh a nerrege gamed. The Cemmiesien?s terms referenee, er; the ether heme, breeze arid The Cemmissiee is cepame efeerry?eg 52?: its geerk fee a time witheui: ground the? might be by ihe dieeipiieery inqeiry?. Lest it: pregediee the were 0f the ?iscipiineey I do me: intend ?e de at this siege. I came thee {e the remaining submissiens. has impugned the Commiss?en en {he basis ef inferenees seeght to be {hex-en frem the meneet? in wh?eh if: hee {hee fee its inquiry. is weli the: are erepe?y tie be drewe if they take ef the ?eets, and ii? is apparene that eeuesel is in pessessiee ef few faets indeed. indeed, cemesel was e: ferihee facts that; were reiated :0 him in the meme ef the hearing, intent, as he was, en. p3eeghing ee, whatever the feets might be The e?egatiees the: are made, {he basis ef half-baked infei?ence, are a and are re?ectee?. [28} Paredexicei?y, counsel was at pains 2:3 assure me, if: the eff his submiseiens, that he end his Ciieet are eenfideei; ef my impartiaiity and feimessi which is heartening; emf that ifthey had ?pz?eblem? wieh me they weei? raise it, which, he said they had ea: The? beieg the ease; I ear: pet: the abuee behind me; and the Cemm?ssiee can get are with 1:3 week {29} think 17%: i3 impatient else {e say semethiegf {he reie e? appeinie? te aseie: the Cemm?es?ee, whe eise came in far insuit in the ef the sebmiesiene, Whiie eften ceiied evidence ieadees? that is misnemee The emeess efa cemmissien 0f ieqeiry is inqe?eiier?al, en?ike that ef a meet. The: means it; meet make its ewe seek itseff, and interrogate the veracity 0f where am: is sequ?red? appeime? by cemmissien facilitates the ef all these fenceiens ander the direetien efehe cemmissiee. 9 [39] When evidence is e; be heard it WEB be presented te {he cemmiesien by its Where has me {e Suspect {he ef the teetimeey, pie}; {heir part by geiding the witness {threegh the tesiimeey; se as te eesere that teetimeey is extreeiede {here is reesee ie test?meey might: net be {me they pie}? their pee? by exeminieg {he minees; if that is require?, ire tee: fie iedeed, ii might be the: witness is eeiled seleiy fer Vigemee se es to extract infeemetiee that the eemmissiee requires, Ami ?fe witness has given teetimeny when {here has been me reesee :e it might: be feiee, am it turns later the: that mighi me: be the case, thee the witness i3 Iie?eie te ee recelied, and examined mere thereeghlg,? In Sheri; the appeaeeh will take ige ere} eeidenee Wili be dieieted by {he exigencies ef the ease. Same eases Wi? require {he witness ie be geide?. Giher win require the witnees to be inierregeted, same eases might require 3 be: efbeth? [31} Steinberg and Siye have beer: exemplary in the perfermece 0f the}: fenet?ee, end I are gretefe? fer the 3km, dedice?ee and hard week they have breeght ire :he task, It is lamentebie thet it: eheeid have been suggested the: they ?id anything iese thee their dety by the in whieh they preseeted the testimeny we have heard: We have yet te hear from Mr er else fee that matter, why the presentetiee eftheir eugh?c fee been ?rebmet?; as seeteeded fee in seemissiens. {have em eemeer 0f in {his ferem inviied en}! perseef ene that ieeledes Mr Meyene, whe hes pamper" grenade fer be?evieg the}: the eeseimeey ef any witness might: me: be tree, disclese these te mange} fer the eemmiseiee. in the event the? such greends eeree ?e Eight, every witness is liebie te be fer desee [32] We: is sailed far from fee a eemmiseiee, and free: the eemm?seiee itseE? is en epen but inquiring mine, the meaning which I he? te eXpEeie in the Supreme Ceurt efeppeei. The: ease cencemed the ef {he Pubiie Preteeter be: it eepfies es mech re a eemmissien efieqeiey: 10 "that state ef tinted is that is te eh pessihitit?ee gee rehecte meet: whether the truth hee It is net {me that is 12:22:}er but it is etee eet that is enemy hetteeteg, it aehe whether the pieces that have pteseeted fit inte piece, it at first they tie eet then it asks queetiees anti eet ietetmetiee teeth they the It is else net 3 state mind that remains it the. remein eet e? after further eeqetty thee it might ptegtees te heieg mine. ifthe stih tie net fit thee it might te that there te ?ew it we met? with the exigencies ef the eese. Gee questiee might leatt te and that te yet and se it might ge ee.? It is in that stete efmied that gt} about their [33] A repeated eempieiet in the merge ef the eehmtesiees wee that Mt had met been given an eeperteeity te ?tehut? teetitnetty that wee givee by etheit with ee of What thet The cempleint is; Mt Meyene was wet} eezete that eta} evidence was te he been}. Thete was he request he the letter free: his attorney fer ee epperteeity to ?rebut? the eeidenee? Ne such requeet was made ?etieg the eeuree ef the heating. Mt Meyene the net ever: attend the heating het testeeth t0 hie set watching white the heating was taking elece? The (3er matte by was fer an eppertehtty te place mettere ee and Seek ?ttings; witheut Itmitetiee ef whet they might be, then te tie St} eety after teest etthe evidence weele have heard. Anti fat free": asking fet the eppetteeity te ?tehet? the ef the test who gave evidence eftet the sebmissiees hed cempieted; when that witness gave his Mt end his were ee lehget te he seen, {34} Shettly after the Cemmtsetee tte week it en ieeitetiee {e the feltewfeg terms: fee}? interested ineludieg jeristtc: petsees, entities; eett ergees et State ere invited te mettle written submisstoes te the Cemmissiee, ie teietien te ah et speeihe items at the Terms ef Reference, by 1?29 Eater then 3} Jetty 2018; Written meet he amt eed must he tetetshee eeder sever of httef? greets; Se fee 33 feets ete seeght te he ptaeed hefete the Cemmiesiee, faete meet be attested te et by af?davit. Tee date by which sebmiseiee sheetd ?ee fereishee may ee extendeei by the if there are set?eieet teesees fee ?tting 39., receiet ef written seemtssiens the Cemmiee?ee may require, by wee at nettee} er eejg te appear eefete it in enter ta give etei ee specified espeets at the Terms ef Refereece and it: Such eetiee it me}: give diteetiees with regent te sect: ere} evidence, ?t?he Cemmtseiee may e?se evidence in eateeta, anti mey eise pretest the i?entity ef furnishing inferreettee, if it censiders that te ee necessary. Atty teqeest fer geek whisk may be made in advance efthe infermetiee being pteeitted, sheetd be d?teeteti t0 the Cemmissienet thteege the ef?ee ef the Setretaty? and win he treated in [35} That teeitatien eppties es tench te Mr Meyene as; te eise. whe eetlsidets that his 0t" her eret evideet?e might eenteibete te the wetk ef the Cemmiseiee, including Mt is weiceme te epemeeh the seetetetiet and erreege an interview: The work Cemreiesien is in its infamy with a lane wey t0 gt}, {36] Ge Seedey I received a iettet free: Mr Meyene?e ettemey beletetiiy, that the Cemmiesiee was met empetiy when it heart? the appiieetient I?m afraid I tie net egteei It was eise that the eebmies?ees eeneemmg Prefesset Kate were met directed tewet?s ebteie?eg a ruling frem the Cemmiss?ee; bet were directed tewetds eeking Prefesset Kate te recese himsetf, end eeght net te have been entertained in his absence, Efthat wee indeed the intentiee, it is extteetdinety that counsel did net sey 3e when he see: that Prefesset Kate was net present te be eeked te himself; But if Mr wishee te ask Prefesset Kate te retese himself there is :30 need te de 59 et heetieg 0f the Cemmissiens A iettet te Ketz wit} suffice. [37} Fieeliyi I have it Cieat t0 Mt Moyane?e meme} that the Cemmiesiee dees eet held?ng ferthet pebiie heaeings befet?e if this is presume? te eeutt efwhich there hag been en intimatitee it: eeueset?s then i em eeti?deet he Wilt etteg that te the attentiee efthe mutt. {38} the ru?iags and reiief sgught fay Maya?e are refused, R5 NUGENT COMMISIGNER 2 My 2018