Attorney for the Commission

The affidavit submitted by the attorney for the Commission lacks locus standi and should not be considered valuable or beneficial as it refers to private communications between Mr Mogotsi and the evidence leader, which are matters for the evidence leader to answer, not the attorney.

“I am inviting the Commission to find that when it comes to the affidavit that was deposed to by the attorney for the Commission, that the Commission finds that that affidavit does not enjoy locus standi. The issues that are contained in that affidavit and the comments cannot be of any value or any benefit because it is comments that they know nothing about. It is personal communication between Mr Mogotsi and the evidence leader, and it is issues that the evidence leader should be answering and not the attorney.”

The allegation that the affidavit of the attorney for the Commission lacks locus standi and is only annexed to Mr Mogashoa’s affidavit is unreasonable and the affidavit should be given weight.

“It is an entirely unreasonable allegation to make that there is no weight to be given to Mr Chaskalson's affidavit because it looks like an annexure and it is not a self-standing affidavit . His position is made very clear .”