Supreme Court of Appeal

Mr Agliotti made a first draft confession to the Scorpions in his attempt to obtain indemnity in return for implicating Commissioner Selebi; Commissioner Selebi was sentenced and his appeal was dismissed.

“Annexure B1 is the first draft confession made by Mr Agliotti to the Scorpions... Annexure B2 was the judgment of the High Court sentencing Commissioner Selebi. Annexure B3 is the judgment of the Supreme Court of Appeal dismissing the appeal of Commissioner Selebi against this sentence”

General Mkhwanazi covered up and maintained silence during the period of suspension and court cases involving Richard Ndluli, despite the case being public in media and the Supreme Court of Appeal detailing how General Phiyega misled the High Court and General Mkhwanazi kept quiet.

“he cove red u p , a n d s e c o n d l y , h e c o n t i n u e d t o c o v e r u p ... M a i n t a i n i n g s i l e n c e , b e c a u s e w h a t h a p p e n e d ... d u r i n g t h a t p e r i o d t h e w h o l e t h i n g w a s a r g u e d o u t i n c o u r t ... A n d t h e S u p r e m e C o u r t o f A p p e a l g o i n t o s o m e d e t a i l a b o u t h o w G e n e r a l P h i y e g a m i s l e d t h e H i g h C o u r t , a n d G e n e r a l M k h w a n a z i k e p t q u i e t”

The National Commissioner informed the court wrongly regarding Lieutenant General Mkhwanazi's actions on the Mdluli matter and wrongly stated that General Mkhwanazi had not received instructions from a higher authority; a confirmatory affidavit from General Mkhwanazi was promised but never supplied, and even the Supreme Court of Appeal could not get one.

“The National Commissioner informed the court wrongly with regard to Lieutenant General Mkhwanazi’s actions on the Mdluli matter ... she wrongly informed the court that General Mkhwanazi had not received instructions from a higher authority ... it was never supplied ... even when it went to the Supreme Court of Appeal they still could not supply a confirmatory affidavit”

The Supreme Court of Appeal struck the evidence of Phiyega because there was no confirmatory affidavit from General Mkhwanazi to support it, rendering the evidence immaterial.

“what they have done in the Supreme Court of Appeal is they have struck the evidence of Phiyega because she stated on the oath that this is actually what really happened and to prove it, I am going to come with a confirmatory affidavit from General Mkhwanazi. And since there was no confirmatory affidavit, they struck that evidence. They said that is immaterial.”

Extending the bid validity period beyond 90 days without the consent of all bidders can lead to the tender being set aside, according to Supreme Court of Appeal judgments.

“judgments of the Supreme Court of Appeal which say that if your bid validity period is three months or 90 days, you cannot extend that period without the consent of all of the bidders ... if you do extend that period with the consent of some but not all of the bidders, then your tender can be set aside”