Whistle-blower: there was no Nenegate affidavit

The former Trillian Financial Advisory employee, dubbed the state-capture whistle-blower, claims in legal papers filed in the Labour Court in Johannesburg that she did not depose an affidavit to the public protector, but instead made a statement to the Chapter Nine institution.

The papers form part of the woman’s application seeking to set aside or review a Commission for Conciliation, Mediation and Arbitration (CCMA) ruling made against her, declaring her in contempt of the commission.

Trillian, the CCMA, commissioner Piet van Staden and the office of the public protector are cited as respondents.

Van Staden made the contempt award on March 2 and referred it to the Labour Court for confirmation after the woman failed to comply with a Trillian subpoena, demanding that she hand over a copy of the affidavit she had reportedly deposed to the public protector.

However, “as a matter of fact and as stated elsewhere in this affidavit, I submitted a detailed statement to the public protector, but the said statement was not in the form of an affidavit”, she said in the papers filed on April 18.

“I do not have the required affidavit … because I never submitted an affidavit to the public protector … making compliance with the subpoena impossible.

“I should add that I have no objection to the public protector making the statement I submitted to her available to the CCMA and to the third respondent [Trillian Financial Advisory],” her affidavit to the court reads.

She wants the CCMA award set aside and arbitration proceedings between her and Trillian to resume.

CCMA director Cameron Morajane said on Thursday: “The CCMA has received notice of the review application.”

“No relief is sought against the public protector, as a result the public protector will neither oppose nor participate in the matter,” said public protector spokesman Oupa Segalwe.

Trillian said: “It is in the public interest that all documents, including whatever deposition … [the former employee] made to the public protector must come into the public domain….”

Trillian chairman Tokyo Sexwale appointed advocate Geoff Budlender in late 2016 to investigate, among others, whether or not CEO Eric Wood knew beforehand about Nhlanhla Nene’s impending axing as finance minister after reports surfaced alleging he did.

Budlender said: “While I have been able to interview some potential witnesses and collect some information, I am obviously not able to undertake a proper inquiry without the cooperation of Trillian management. They have given an undertaking that they will provide the requested documents by tomorrow [Friday]. I am waiting to see what happens.”