Ms Fridah Mokgale 1st Floor

83 Central Street
Senior Assistant State Attorney Houghton
Office of The State Attorney 2198
Salu Building 1508 PO Box 55045
Northlands 2116
316 Thabo Sehume Street Tel: +27 11 483-2387/483-0476
Pretoria Fax: +27 11 728 - 0145
Direct e-mail: eric@mabuzas.co.za
Email: FMokgale@justice.gov.za

Cc: Mr Issac Chowe

The State Attorney
Pretoria
Email: Ichowe@justice.gov.za

Your Ref: 1507/2018/Z53

Our Ref: Mr. ET Mabuza
Date: Wednesday, May 16, 2018

Dear Madam,

Disciplinary proceedings of Commissioner Tom Moyane

1. We acknowledge receipt of your letter dated 15 May 2018.

2. We note with concern that once again the contents have been leaked or furnished
to the media.

3. In view of your response we have now received formal instructions to proceed with
an application principally in respect of the blatantly unfair process which you insist
will be followed, whereby evidence must be presented by affidavit and only as an
exception (subject to the discretion of the Presiding Officer), may oral evidence be
led. This is plainly unlawful and irrational. Full details will be contained in the court
papers which will be served upon you as soon as they are concluded.

4. In the meantime we wish to bring to your attention the recent exchange of

correspondence between ourselves and the Presiding Officer, Justice Kate
O’Regan regarding the demand for her recusal. It beggars belief how the

Eric T Mabuza B.Proc (Unin) LLB (Wits)

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President, out of all available options, appointed a person who is so clearly

conflicted as a member of Corruption Watch, a body which has adopted an openly
hostile and unfair public posture against our client. This is yet another disregard
for fairness and a rule of law. Our letter to the Presiding Officer regarding her non-
suitability has been copied to you.

5. Should the Presiding Officer recuse herself as demanded by our client, then please
furnish us with confirmation thereof and the name of her replacement. Should she,
on the other hand, refuse to recuse herself then the question of her suitability to
preside will form part of the forthcoming court application. Her response, either
way, is expected on Friday 18 May 2018.

6. Please confirm that the court papers may be served on the State Attorney, Pretoria,
and if so which person we need to contact in connection therewith.

Yours faithfully

MABUZA ATTORNEYS