Nyatlo affidavit

Carnilinx submits that some of the materials relied upon in the Nyatlo affidavit come from industry organizations and market reports prepared by third parties, which frequently reflect commercial interests and policy positions and are not independent regulatory, court, or investigative authorities.

“Carnilinx notes that portions of the Nyatlo affidavit appear to rely upon publications issued by industry organizations and market reports prepared by third parties. Carnilinx respectfully submits that such materials should be approached with appropriate caution. Industry bodies perform an important role in the public debate. However, they are not independent regulators, courts, or investigative authorities. Their publications frequently reflect commercial interests and policy positions.”

The Nyatlo affidavit suggests that Carnilinx improperly utilizes organs of state against competitors, which Carnilinx unequivocally denies, asserting it responsibly reports suspected unlawful conduct to relevant authorities and does not control investigative functions of state organs such as SARS or SAPS.

“The Nyatlo affidavit further suggests that Carnilinx improperly utilizes organs of state against competitors. Carnilinx unequivocally denies those allegations. Like any responsible corporate citizen, Carnilinx has where appropriate reported information concerning suspected unlawful conduct to the relevant authorities. There is nothing improper in providing information to SARS, SAPS, or any other competent authority. Once such information is provided, all investigative and enforcement decisions remain those of the relevant authority acting under its own statutory powers. Carnilinx has never exercised control over the investigative functions of SARS, SAPS, or any other organ of state.”