Hck 8 floor, Suite 58 Kyalami Boulevard Wyalani Business Pork Wideand 1684 a Tak a a5 0489 Gc Fax: (Ot!) 466 BOS1 SEANEGO fe RENNES [Bseaetaenza Our Ref. TNS/PUB1/0028 22 March 2022 Your Ref: Honourable President Matamela Cyril Ramaphosa ‘THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA THE PRESIDENCY UNION BUILDINGS. GOVERNMENT AVENUE PRETORIA Attention: The Honourable President Matamela Cyril Ramaphosa Per Email: Roshene@presidency.gov.za; Makhosini@presidency.gov.za Dear Honourable President RE: YOUR LETTER TO THE PUBLIC PROTECTOR DATED 17 MARCH 2022 We refer to your letter dated 17 March 2022, the complete version of which was received on 18 March 2022, requesting the Public Protector (also referred hereunder as ‘our client’) to provide grounds, within 10 days of the receipt thereof, why you should not suspend her. We have been instructed to send you this urgent response in the form of a preliminary objection based on your actual, potential or reasonably perceived conflict of interest: Directs: Theophilus Hokn Seanego BProc, LLM (Carparste Law); Maribe Malope BA Lav. UB. Associates: Kernngelo Maeks LLB: Noubebo Makhanye LLB Consultant/Conveyancer- Sampson Shadung BProc, LLB. Candidate Attorneys: Nafeusa Patel LB, LLM (international Commercial Law); Naquelle Chlambs BALaw, LLB: Rebecca Chirk LB, LM (laxLaa).Irrespective of the numerous grounds why the suspension would be illegal and inappropriate on the merits, which will be dealt with in a separate response, the President is not legally entitled or competent to take any steps, including the said letter, in the pursuance of section 194(3)(a) of the Constitution. The reason is that the President is personally, heavily and multiply conflicted in this matter due to various investigations which have recently been or are presently being investigated by her against or conceming allegations of breach of ethics and/or violations of the Constitution. In that connection, it would be convenient to refer you to or remind you of your own concessions made under oath in respect of the so/called BOSASA matter. BOSASA. has also been recently identified in the Zondo Commission report as a key conduit for the crimes of corruption and/or money laundering, to mention but a few. The courts have admittedly refused to entertain the merits of these serious complaints, on the technicality that our client had no jurisdiction to investigate non-state fundraising, notwithstanding that the recipient was the Deputy President of the country. The conflict, however, arose from the mere fact that investigation took place. It would be a fundamental mistake to adopt the view that the admitted conflict, whether actual or potential, simply disappeared or evaporated with the most recent finalisation of all related litigation. Moreover and in any event, it is commion cause that the President is also fingered in a few other current investigations involving equally serious and impeachable conduct, including: Directors: Theuphius Noo Seenego BPrac, LLM (Corporate Lew): Maribe Malope BA Law. LLB Assotiates: Kemagela Weeks LIB; Nqubeko Nakhanya LLB. Consultant/Gonveyencer: Sampson Shadung BProt, LLB. Candidate Attorneys: Nefoesa Petal LLB, LIM (International Commercial Law); NaquelleChlamba BALaw, LLB; Rebecca Chimuia LLB, LW (Tax Law), ee ae@) (2) the well known utterances of the President about the misuse of public funds by ANC politicians; and allegations of collusion between the President and the Minister of Justice in their joint pursuit of judicial capture. ‘The President is therefore disqualified, because: @) (b) ©) (a) his own concessions and/or related undertakings continue to apply both in respect of the BOSASA matter and the current investigations; the principles of natural justice with specific reference to the maxim memo iudex in rem sua; the provisions of section 96 of the Constitution with specific reference to s96(2)(b) of the Constitution, which provides that "Members of the Cabinet...may not act in ‘any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their offeial responsibilities and private interests"; and the President's oath of office in which he swore, inter alia, to be faithful to the Republic of South Africa, to obey, observe, uphold and maintain the Constitution and all other laws of the Republic, to be true to dictates of his conscience and do justice for all. Directors: Theophius Nok» Seanego BProc, LIN (Corporate Law); Naribe Malope BA Law, LIB. Assoriates: Kemugela Noles LLB; Nqubekn Makhanya LLB. Consultant/Gonvayencer: Sampson Shadung BProc, LLB. Candidate Attorneys: Nefeess Patol LB, LLM (International Commercial Law); Naquelle Chiba BA Law, LLE: Rebecos Chimuke LLB, ULM (Tax Law),7. That being so, the letter is clearly unlawful and unconstitutional. It must be withdrawn forthwith. It may not be implemented. 8. At this stage we are instructed fo demand, as we hereby do, that the President must completely step away from this process. 9. Please indicate your urgent response by no later than 16h00 on 23 March 2022 failing which urgent court proceedings will be instituted. The relevant papers will be issued without any further notification to you. To that end this letter must be read together with the letter addressed to the Speaker dated 18 March 2022 which was copied to the President. 10. Please note that, depending on your response to the above demand, the Public Protector specifically reserves all her rights including the right to respond to the merits of why she should not be suspended. In that regard, please indicate whether or not you agree with our view that the effective receipt date thereof was 18 March 2022, 11, We are further instructed to demand that you furnish us with an undertaking that no suspension will be implemented before the hearing and finalisation of the envisaged urgent application. This will obviously determine the date on which the application will be set down, falling which the matter will most likely be set down on or before 4 April 2022 12, ally would you indicate whether or not you agree that, as before, it would be proper and in the interests of justice and expedition that a request be made for the referral of Directors: Theophilus Noko Seanegn BPrnc, LIM (Corporate Law); Maribe Malope BA Law, Ld Associatas; Karugelo Maleka (1B: Nqubelo Makhanya LLB Consultant/Convayancer: Sempson Shedung BProc, LLB. Candidate Attornays: Nefeese Patel LB, LLM (International Commercial La UM (Tax Law), NNaquelle Chitambe BA Law, LLE; Rebocca Chimula LLB,this matter to a Full Court hearing. Please also indicate the details of your legal representativéSand whether they will accept service of all court papers in this matter. ce: (1) The Speaker of the National Assembly Email: speaker@parliament gov.za; sedem@parliament.gov.za (2) The Chairperson of the Ad Hoc Committee. Email: qdyantyi@parliament.govza (3) African Christian Democratic Party Email: into@acdp.org.za; sswart@parliament.gov.za; abouwer@oarliament.gov.za (4) African Independent Congress Email: zjona@parliament.co.za; zjona@gmall.com (8) __ African National Congress Email: info@anc1912.01g.22; enjandu@parliament.gov.za; ikmorolong@gmail.com; mdikgale@parliament. gov.za; aseabi@pariament.gov.za; minister@dac.gov.za (6) African Transformation Movement Email: contact@pa.org.za @ — AWama-ah Email: info@aljama.co.za; mhendricks@parliament gov za; mgwanief@mweb.co.za; aallie-tatel@parliament.gov.za (8) Congress of the People Email: mlekota@parliament.gov.za (©) Democratic Alliance Email: parliamentaryleader@da.org.za Lirectors: Theophilus Noko Seanego EPra, LM (Carprate Law: Mere Melope BA La, LB. Associates: Kemogeo lela LL; Noubeko Makhany LB, Consultant/Convayancar: Scmpson Shatung BPrnc 1B CCendldate Aitorneys; taosa Patel LB, LIM (ternational Conmerciel Law); NaquellChitanbo BALow, LE: Relce Chiko 1B, = UM TaxLaw).(10) Economic Freedom Fighters Email: Julius Sello@gmail.com (11) Freedom Front Plus Email: PIGR@VODAMAIL.CO.ZA (12) Inkatha Freedom Party Email: info@ifp.org.za; bluthuli@parliament.gov.za (13) National Freedom Party Email msheik-emam@parliament.gov.za; mzwakhehlases@gmail.com (14) Pan Africanist Congress of Azania Email: mnyotso@parliament gov.za; mmampana@partiament.gov.za (15) The GOOD Party Email: patriciadl@forgood.org.za (18) United Democratic Movement Email: pdanti@pariiament.gov.za Directors: Theophilus Noko Seanego BFrac, LLM (Corporate Law); Marbe Molope BA Law. UB. Associates: Kamgelo Moleka LLB: Hqubeko Makhanya LA Consultant/Conveyancer: Sampson Shadung BProc, LLB. Candidate Attornays; Nefeesa Patel LLB, LIM (International Commerce! Law): Nequels Chikambe BA Law, LLB; Rebecce Chimuke LLB, UW (TaxLan) a ——