11 December 2017

Our ref.: NB/P/0144/WDK

Your ref.: Col Govender

To: Col Govender

South African Police Service
DURBAN NORTH
Per email: kzn.phoenix.clstrdet@saps.gov.za

Copied to: Major General Bheki Langa

Acting Provincial Commissioner
South African Police Services
Kwazulu Natal
Per email: kzn.dpc.secretary@saps.gov.za; langabp@saps.gov.za

Copied to: Adv M Noko

Director of Public Prosecutions
KwaZulu Natal
Per email: mnoko@npa.gov.za

Dear Col Govender

CRIMINAL INVESTIGATION: JACQUES PAUW AND PIETER-LOUIS MYBURGH

1. We refer to your email dated 8 December 2017 in which you reneged on an

agreement to meet with our clients on Tuesday 12 December 2017 in
Johannesburg. Instead, you now demand that our clients present themselves at
your office at the Durban North Police Station on Wednesday or Thursday this
week.

2. We place on record that:

2.1. At no point in any of your communications with the writer have you informed
us that our clients presence is required for a court appearance. Instead you
have made it clear that you merely seek to interview our clients in the
course of an investigation you are conducting.

2.2. You have however refused to disclose any details of the investigation you
are apparently conducting. You have not informed us of the identity of the
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complainant; the nature of the charges; or the relevant police case numbers
assigned to the matter.

2.3. We have previously advised you that since our clients are regarded as
suspects, they have elected not to make any statements at this stage and
are not be prepared to answer any questions. We have advised you that
our clients will depose to affidavits confirming this, should it be required.

2.4. Notwithstanding, our clients were prepared to meet with you in

Johannesburg in the presence of their legal representatives and thus
accepted your invitation to such a meeting on 12 December 2017 in
Johannesburg.

2.5. Your decision to renege on that arrangement is without any just cause. If
your letters were sent in the exercise of a public power, as they purportedly
were, there can be nothing confidential about them and our clients decision
to make the letters public is of no consequence.

2.6. Our clients have however repeatedly pledged their cooperation in the event
of them being required to appear in court, which tender remains effective.

3. The purpose of your ongoing demands to interview our clients is therefore entirely
unclear. So too is the legal basis for your threats that unless our clients present
themselves at your office in Durban, you will have to resort to the necessary legal
avenues in order to formally deal with the matter.

4. These threats are reasonably understood by our clients to mean that you will have
them arrested if they fail to present themselves at your office in Durban. Their
apprehension is further underscored by your decision to renege on the
Johannesburg meeting and reliable information that you have already applied for
warrants of arrest against both of our clients and that such warrants may have
been issued.

5. Our clients therefore believe that you intend to have them both arrested and that
your demand for a meeting at your offices in Durban is made with an ulterior
purpose in order to facilitate such an arrest.

6. We again place on record that insofar as a decision has been taken to formally
charge our clients, our clients will voluntarily present themselves at any court
without the need for an arrest. Under the circumstances, any arrest of our clients
will be malicious and unlawful.
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7. We are accordingly instructed to demand, as we hereby do, the following:

7.1. Full disclosure of the nature of the investigation you are conducting,
including the name of the complainant(s), details of the charges being
investigated, police case numbers and whether any decision has been
taken by the National Prosecuting Authority on the prosecution of our
clients;

7.2. Full disclosure on your alleged attempts to secure warrants of arrest for our
clients; whether our letter dated 5 December 2017 (copy enclosed) was
placed before any Magistrate from whom a warrant of arrest for any of our
clients may have been sought; and confirmation whether or not such
warrants have been obtained; and

7.3. A written undertaking that you will not arrest or cause to have our clients
arrested but that you will inform us in writing if and when our clients are
expected to appear in any court, which appearance will be facilitated by our
offices.

8. We await your response hereto by no later than 12 noon on 12 December 2017.

Should you fail or refuse to make the above disclosures and/or to provide the
undertaking demanded, our clients will seek appropriate legal remedies.

9. This letter is copied to Major-General Bheki Langa, Acting Provincial

Commissioner of the South African Police Service, KZN, as well as Advocate M
Noko, Director of Public Prosecutions, KZN, for their information and possible
intervention.

Yours sincerely

WILLEM DE KLERK ATTORNEYS

Per W de Klerk

This letter is unsigned as it is electronically sent.

A signed copy will be made available upon request.