COMPLAINT AGAINST THE PRESIDENT OF SOUTH AFRICA AND OTHER STATE FUNCTIONARIES I, the undersigned, MONIQUE TAUTE IDENTITY NUMBER: 920214 0073 08 4 do hereby make oath and state the following: 1. INTRODUCTION 1.1. I am a major female person, employed as the Head of the Anti-Corruption Unit of the civil rights organisation AfriForum NPC (non-profit company) with business address at AfriForum Building, Union Avenue, Kloofsig Centurion. I am the complainant herein on behalf of AfriForum NPC. 1.2. This complaint is brought in terms of the State of Capture Report (No: 6 of 2016/17) that was published by the Public Protector of South Africa on 2 November 2016. 1.3. The persons and functionaries against whom this complaint is brought, inter alia: 1.3.1 The President of the Republic of South Africa, Jacob Gedleyihlekisa Zuma 1.3.2 Ajay Gupta 1.3.3 Tegeta Exploration and Resources (Pty) Ltd 1.3.4 The shareholders of Tegeta: 1.3.4.1 Oakbay Investments (Pty) Ltd13 (2006/017975/07) 1.3.4.2 Mabengela Investments (28,53% shareholding) 1.3.4.3 Fidelity (12,91% shareholding) 1.3.4.4 Elgasolve (21,5% shareholding) 1.3.5 The directors of Tegeta: 1.3.5.1 Seedy Momodou Lette 1.3.5.2 Ravindra Nath 1.3.5.3 Nazeem Howa 1.3.5.4 Ashu Chawla 1.3.5.5 Rajeneesh Pahadia 1.3.5.6 Ronica Ragavan 1 1.3.6 Companies and owners of Oakbay Investments (Pty) Ltd13 (2006/017975/07): 1.3.6.1 Oakbay Resources and Energy Ltd (2009/021537/06) 1.3.6.2 Atul Gupta 1.3.6.3 Islandsite Investments 18015 (Pty) Ltd 1.3.7 The owners of Mabengela Investments: 1.3.7.1 Duduzane Zuma (45% shareholding) 1.3.7.2 Rajesh Kumar Gupta (25% shareholding) 1.3.7.3 Aerohaven Trading (Pty) Ltd (15% shareholding) 1.3.7.4 Fidelity Investment (Incorporated in the UAE) (“Fidelity”) (10% shareholding) 1.3.7.5 Mfazi Investments (Pty) Ltd (3% shareholding) 1.3.7.6 Ashu Chawla (2% shareholding) 1.3.8 The director of Elgasolve: 1.3.8.1 Salim Aziz Essa (ID 780115 5017 08 4) 1.3.9 Eskom 1.3.10 The Eskom Board as on 12 August 2014: 1.3.10.1 Mr Zola Tsotsi (Chairperson) 1.3.10.2 Mr Collin M Matjila (Acting Chief Executive) 1.3.10.3 Ms Tsholofelo Molefe (Finance Director) 1.3.10.4 Ms Queendy Gungubele (Independent Non-executive Director) 1.3.10.5 Dr Bernard Lewis Fanaroff (Independent Non-executive Director) 1.3.10.6 Ms Neo Lesela (Independent Non-executive Director) 1.3.10.7 Mr Mafika Mkhwanazi (Independent Non-executive Director) 1.3.10.8 Mr Phenyane Sedibe (Independent Non-executive Director) 1.3.10.9 Ms Lily Zondo (Independent Non-executive Director) 1.3.10.10 Ms Chwayita Mabude (Independent Non-executive Director) 1.3.10.11 Ms Yasmin Masithela (Independent Non-executive Director) 1.3.10.12 Ms Bajabulie Luthuli (Independent Non-executive Director) 1.3.10.13 Dr Boni Mehlomakulu (Independent Non-executive Director) 1.3.11 The Board of Eskom at the time of the purchase of OCH, as well as the awarding of certain contracts to Tegata as appointed by Cabinet during September 2015: 1.3.11.1 Brian Molefe (Chief Executive Officer) 1.3.11.2 Anoj Singh (Chief Financial Officer) 1.3.11.3 Zethembe Wilfred Khoza (Non-executive Director) 1.3.11.4 Nazia Carrim (Non-executive Director) 1.3.11.5 Suzanne Margaret Daniels (Company Secretary) 1.3.11.6 Venete Jarlene Klein (Non-executive Director) 1.3.11.7 Giovanni Michele Leonardi (Swiss) (Non-executive Director) 1.3.11.8 Chwayita Mabude (Non-executive Director) 2 1.3.11.9 Devapushpum Naidoo (Non-executive Director) 1.3.11.10 Pathmanathan Naidoo (Non-executive Director) 1.3.11.11 Baldwin Sipho Ngubane (Chairperson) 1.3.11.12 Mark Vivian Pamensky (Non-executive Director) 1.3.11.13 Romeo Khumalo (Non-executive Director) 1.3.11.14 Mariam Cassim (Non-executive Director) 1.3.12 Mosebenzi Zwane, Minister of Mineral Resources, and/or any other responsible person of the said minister’s office 1.3.13 Lynne Brown, Minister of Public Enterprises, and/or any other responsible person of the said minister’s office 2. SOURCE DOCUMENTS FROM WHICH THIS COMPLAINT ORIGINATES 2.1. The State of Capture Report reports on an investigation by the former Public Protector, adv. Thuli Madonsela, into alleged improper and unethical conduct by the President of South Africa and other state functionaries. These relate to alleged improper relationships and involvement of the Gupta family in the removal and appointment of Ministers and Directors of State-owned enterprises, which resulted in the improper and possibly corrupt awarding of state contracts and benefits to the Gupta family’s businesses. The report is attached to the complaint as “annexure A”. 2.2 According to the State of Capture Report, the above-mentioned persons and functionaries may have acted in contravention to legislation including, but not limited to, the following: 2.2.1 The Constitution of the Republic of South Africa, 1996; and/or 2.2.2 Executive Members Ethics Act, 1998 (Act No. 82 of 1998); and/or 2.2.3 Executive Ethics Code, 2000; and/or 2.2.4 The Public Management Finance Act, 1999 (Act No. 1 of 1999); and/or 2.2.5 The Companies Act, 2008 (Act No. 71 of 2008); and/or 2.2.6 The Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); and/or 2.2.7 The Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002); and/or 2.2.8 The National Environmental Management Act, 1998 (Act No. 107 of 1998); and/or 2.2.9 The National Environmental Management Laws Amendment Act, 2014 (Act No. 25 of 2014); and/or 2.2.10 The Income Tax Act, 1962 (Act No. 58 of 1962); and/or 2.2.11 Regulations in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999); and/or 3 2.2.12 Common Law; and/or 2.2.13 The King III Report on Corporate Governance; and/or 2.2.14 Eskom’s Procurement and Supply Chain Management Procedure 32- 188 (effective from 1 December 2006) ; and/or 2.2.15 Eskom Short Term Emergency Coal Procedure GGP 1194 (effective from April 2004); and/or 2.2.16 Eskom’s Procurement and Supply Chain Management Procedure 32- 1034; and/or 2.2.17 The Medium Term Coal Procurement Mandate of August 2008; and/or 2.2.18 Eskom Conflict of Interest Policy 32-173; and/or 2.2.19 Regulations in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999); and/or 2.2.20 National Treasury Framework for Supply Chain Management, dated 5 December 2003 4. CONCLUSION The State of Capture Report provides prima facie evidence that the conduct of the above- mentioned persons and functionaries may be unlawful and that they may be guilty of several crimes, including but not necessarily limited to fraud, theft, corruption and money laundering. I reserve the right to include any additional evidence as it may arise from time to time and/or to elaborate on this affidavit if necessary. It is therefore specifically requested that the above-mentioned criminal complaints be fully and further investigated and that I be notified within a reasonable time regarding steps that will follow. _________________ MONIQUE TAUTE Signed and sworn before me at …………………………… on this ………. day of …………………………2016 after the deponent acknowledged that she understood the contents of this affidavit, that she had no objections to the taking of the prescribed oath, that she regarded the prescribed oath as binding on her conscience and after the regulations contained in Government Notice No. R1258 of 21 July 1972 were complied with. _________________________ COMMISSIONER OF OATHS 4 .