Mr Tshepo Nyatho

Mr Malema responded to the Judicial Commission of Inquiry notice addressing Mr Tshepo Nyatho's affidavit extracts which supposedly implicated Mr Malema via communications between General Khan and Mr Sayed, but could not confirm authenticity of those extracts.

“I have been invited to respond to averments contained in an extract of Mr Tshepo Nyatho's affidavit which supposedly implicate me. As a starting point, the evidence and material alleged to implicate me in Mr Nyatho's affidavit are largely purported extracts of communications between Major General Feroz Khan (General Khan) and Mr Mohammed Sayed (Mr Sayed). I evidently cannot confirm whether these extracts are a true record of their engagements or the authenticity of those extracts. Only they can. I do not understand the Commission to require me to so confirm. I simply record this point to note that my response will be curtailed to claims that are in my personal knowledge and relate to me.”

Mr Malema denies that the content of paragraph 55 of Mr Nyatho's affidavit implicates him, requesting clarity on how he is implicated and asserting he cannot meaningfully respond without that clarity.

“I do not see how the contents of this paragraph implicate me. It is also not apparent in the notice and Mr Nyatho's affidavit extract. This matters, because I was required to respond to material that implicates me. This is a proper qualification by the Commission lest I am asked to deal with personal material that falls outside the terms of reference of the Commission's work and having no bearing on its fact-finding mission. Absent clarity on how I am implicated by this paragraph, I am in no position to meaningfully respond in my defence.”