Exhibit X7 Nomalanga Moroadi Selina Cholota
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EXHIBIT X7 NOMALANGA MOROADI SELINA CHOLOTA JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE 2nd floor, Hillside House 17 Empire Road, Parktown Johannesburg 2193 Tel: (010) 214-0651 Email: [email protected] Website: www.sastatecapture.org.za INDEX: EXHIBIT X7 # Description PAGES Summons issued on 28 November 2019 to Nomalanga Moroadi 001 to 004 Selina Cholota 1. Email dated 12 August 2015 together with its attachments 005 to 017 2. Email dated 28 January 2016 018 to 022 3. Email dated 11 April 2015 023 to 025 4. Email dated 10 April 2015 026 to 027 5. Email dated 06 May 2015 028 to 029 6. Email dated 3 February 2015 030 to 031 7. Email dated 18 August 2015 032 to 033 8. Email dated 01st September 2015 034 to 035 9. Email dated 26 July 2016 036 to 039 10. Email dated 27 July 2016 040 to 041 11. Proof of payments from ABSA dated 17 March 2015 042 to 043 12. Proof of payment from FNB dated 01st September 2015 044 to 045 1 # Description PAGES 13. Proof of payment from FNB dated 31 August 2015 046 to 047 14. ProForma Invoice from M-TAG Systems 048 to 049 15. List of students who requested Financial assistance 050 to 051 16. Notice ito Rule 3.3 regarding the statement of Mr Mxolisi 052 to 151 Dukoana dated 27 June 2019 17. Additional Documents - Extracts of transcripts for Day 151, 152 to 237 28 August 2019 18. Sworn statement of Nomalanga Moroadi Selina Cholota 238 to 256 (unsigned) 2 NMSC-001 NMSC-002 NMSC-003 NMSC-004 NMSC-004.1 NMSC-005 NMSC-006 NMSC-007 NMSC-008 NMSC-009 NMSC-010 NMSC-011 NMSC-012 NMSC-013 NMSC-014 NMSC-015 NMSC-016 NMSC-017 NMSC-018 NMSC-019 NMSC-020 NMSC-021 NMSC-022 NMSC-023 NMSC-024 NMSC-025 NMSC-026 NMSC-027 NMSC-028 NMSC-029 NMSC-030 NMSC-031 NMSC-032 NMSC-033 NMSC-034 NMSC-035 NMSC-036 NMSC-037 NMSC-038 NMSC-039 NMSC-040 NMSC-041 NMSC-042 NMSC-043 NMSC-044 NMSC-045 NMSC-046 NMSC-047 NMSC-048 NMSC-049 NMSC-050 NMSC-051 NMSC-051.1 NMSC-052 NMSC-053 2nd floor, Hillside House 17 Empire Road, Parktown Johannesburg 2193 Tel (International): +27 (10) 214-0651 Tel (Tollfree): 0800 222 097 Email: [email protected] Web: www.sastatecapture.org.za JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE NOTICE IN TERMS OF RULE 3.3 ____________________________________________________________________________ TO : MS MOROADI CHOLOTA CELL : 082 051 4326 EMAIL : [email protected] IN TERMS OF RULE 3.3 OF THE RULES OF THE JUDICIAL COMMISSION OF INQUIRY INTO ALLEGATIONS OF STATE CAPTURE, CORRUPTION AND FRAUD IN THE PUBLIC SECTOR INCLUDING ORGANS OF STATE (“THE COMMISSION”), YOU ARE HEREBY GIVEN NOTICE THAT: 1 The Commission’s Legal Team intends to present the evidence of Mr Mxolisi Dukoana (“Mr Dukoana”) at its hearing held at 4th Floor, Hill on Empire, 16 Empire Road, Parktown, Johannesburg. The presentation of Mr Dukoana’s evidence will commence on 27 and 28 August 2019 at 10h00, or so soon thereafter as his evidence may be heard. In the event of a change of date, it will be announced on the Commission’s website (www.sastatecapture.org.za) and in the media. The evidence in question implicates or may implicate you in unlawful, illegal or improper conduct in the respects set out below. 2 The allegations set out in the evidence of Mr Dukoana implicate or may implicate you in, inter alia, allegedly participating in various acts of corruption, bribery, fraud and money laundering. 3 The relevant portions of the statement of Mr Dukoana which implicate or may implicate you in the above allegations are annexed hereto marked “A”. Your attention is drawn to paragraphs 37 to 56 of his statement. 1 NMSC-054 3.1 The relevant extracts of the annexures of Mr Dukoana’s statement which implicate or may implicate you in the above allegation are annexed hereto marked “B”. Your attention is drawn to pages 39 to 124 thereof. 4 Due to the fact that you are implicated or may be implicated by the evidence of Mr Dukoana, you are entitled to attend the hearing to be scheduled, at which that evidence is being presented. You are also entitled to be assisted by a legal representative of your choice when that evidence is presented. The full statement of Mr Dukoana will be uploaded on the Commission’s website (www.sastatecapture.org.za) as soon as he concludes his evidence. The transcript will be uploaded daily. 5 If you wish to: 5.1 give evidence yourself; 5.2 call any witness to give evidence on your behalf; or 5.3 cross-examine the witness then you must apply, within fourteen (14) calendar days of this notice, in writing to the Commission for leave to do so. 6 An application referred to in paragraph 5 above must be submitted to the Secretary of the Commission. The application must be submitted with a statement from you in which you respond to the witness’ statement insofar as it implicates you. The statement must identify what parts of the witness statement are disputed or denied and the grounds on which they are disputed or denied. 7 In the event that you believe that you have not been given a reasonable time from the issuance of this notice to the date on which the witness is to give evidence as set out above and you are prejudiced thereby, you may apply to the Commission in writing for such order as will ensure that you are not seriously prejudiced. 8 Please take note that even if you do not make an application under Rule 3.4: 8.1 in terms of Rule 3.10, the Chairperson may, at any time, direct you to respond in writing to the allegations against you or to answer (in writing) questions arising from the statement; and 2 NMSC-055 8.2 in terms of Regulation 10(6) of the Regulations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State GN 105 of 9 February 2018 published in Government Gazette 41436, as amended, the Chairperson may direct you to appear before the Commission to give evidence which has a bearing on a matter being investigated. 9 The extracts of the witness statement provided to you are confidential. Your attention is drawn to Regulations 11(3) and 12(2)(c) governing the Commission, which make it a criminal offence for anyone to disseminate or publish, without the written permission of the Chairperson, any document (which includes witnesses’ statements) submitted to the Commission by any person in connection with the Commission’s inquiry. 10 Any response, affidavit or statement in regard to this notice must be sent to Advocate André Lamprecht and Shannon van Vuuren at [email protected]. DATED AT PARKTOWN ON THIS 1st DAY OF AUGUST 2019 _________________________________________ MS K B SHABALALA Acting Secretary Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State 3 NMSC-056 IN THE COMMISSION ON STATE CAPTURE HELD IN JOHANNESBURG BEFORE DEPUTY CHIEF JUSTICE RM ZONDO EVIDENCE OF: MXOLISI DUKOANA STATEMENT CONTENTS A. Introduction 2 B. Iqbal Sharma's statement. 3 C. Documents in Sharma's statement.. 6 D. Asbestos eradication audit.. 12 E. Department of Human Settlement. 20 i) Housing heist. "· 20 ii) Housing heist through implementing agents 22 F. The role of Blackie Seoe 25 G. Operation Hlasela 28 H. Media and Communications (Procurements) 29 I. Executive Council Meetings 30 J. Sanitising forensic reports 31 K. International scholarship programme 31 L. Conclusion 33 Pagell34 NMSC-057 A. INTRODUCTION I, the undersigned, MXOLISI DUKOANA do hereby make oath and say: 1. I am a deponent to this statement and reside in Welkom, Free State Province. My background and my experience in government and the ruling party were set out in detail in my first affidavit before the Commission. 2. The facts set out in this statement are within my personal knowledge and belief, unless stated otherwise or the context of what I declare makes the contrary apparent, and are to the best of my knowledge and belief both true and correct. 3. To the extent that I make submissions of a legal nature in this statement, I do so on the basis of the counsel obtained in the course of preparation of this statement from my legal representatives, and which counsel I verily accept to be the correct legal position. 4. This is my second appearance at the Commission having so appeared on 5 April 2019, detailing the circumstances around my visits to the Gupta Compound, Sahara and Oakbay offices. Page 2 I 34 NMSC-058/2 36.8. International scholarship programme; and 36.9. Conclusion. D. ASBESTOS ERADICATION AUDIT: ASBESTOS HEIST 37. The Free State Department of Human Settlement ("the FSDHS") obtained an unsolicited proposal to eradicate asbestos roofs on houses within the province from Blackhead Consulting and Diamond Hill JV. 38. The history of asbestos and its health hazards are known apartheid spatial development legacy. It is therefore apposite that I speak about this project by making reference or taking the Commission through a 53-paged document that resulted in the unlawful and corruptly spending of approximately R255m by the FSDHS.