ADV BODLANI SC

There was a delay in making the Langlaagte docket available, causing Ms Sello not to apply her mind to it, and the delay is attributable to Advocates Bodlani and Johnson.

“I confirm that the Langlaagte docket has been made available . We delayed making it available . We apologise . The request was made last week . We should have made it available during the course of the week . We did not . A n apology is merited . It has resulted in what Ms Sello is mentioning , that she has not applied her mind to it . That delay is definitely attributable to us .”

A certain statement referred to in Mr Perumal's affidavit is part of the Langlaagte docket, but Advocates have not yet applied their mind to it so they cannot comment on it.

“The statement , the attachment that is referred to Mr Perumal 's affidavit , we are told it is part of the Langlaagte docket . But because we have yet to apply our mind to it as well , I am not in a position to point out as to where exactly is it , nor am I able to say , well , there is a deficiency here and there because I have not seen it at all .”

Such divestiture of power is not known to be done statutorily as per the brief of legal counsel.

“I am not aware that kind of details ... is an interior the confines of my instructions and my brief”

The rules of the Commission apply to Ms. Johnson who is before the Commission, meaning those rules supersede any other rights she might have elsewhere.

“The rules of the Commission apply. She is not before IDAC. She is not before the ID. It may very well be that the Act accords her more rights than she otherwise would have, or vice versa, but the rules of the Commission are the rules of the Commission, and that is what applies.”

The docket in issue is with the accused and it is not known what he is doing with it or to whom he has revealed its contents.

“There is no dispute about the fact that the docket in issue is with the accused. Nobody knows what he is doing with it. Nobody knows to whom he has revealed whatever content is there.”