CHARGES TO BE DROPPED
Serunye wrote to RTMC lawyer Advocate Jeremy Gauntlet SC, saying: “We also don’t have anything that comes directly from Tasima to Mr X (former minister).” Abrahams was copied in on the email.
At his first court appearance, Ndebele’s case was postponed for six months for further investigation. It is unclear whether the prosecution now has sufficient evidence.
In his diary, Cloete detailed political interference in his investigation in the months leading to Ndebele’s arrest.
He wrote on June 30 2015 that, during a meeting attended by senior Hawks and SIU officials, as well as Msibi and RTMC lawyers, they reiterated their request to arrest Ndebele and his co-accused, and if this did not happen, threatened that the minister would intervene.
Cloete wrote: “They were informed about the decision taken during the meeting with the prosecutor.
“They are clearly not satisfied with the feedback given and raises possible ministerial intervention if a decision not to prosecute on the matters referred in my entry dated 2015/06/26 (sic).”
Cloete further writes that Msibi and an RTMC lawyer demanded to know why no arrests had been made since the SIU handed the Hawks “a fully investigated file”.
“Mr Msibi was informed that this information is incorrect and that there is not sufficient evidence to charge anyone at this stage,” he writes.
Cloete’s diary states the RTMC told him that it was appointed to take over the eNatis contract from Tasima. They also mention that Tasima won the civil case in the Pretoria High Court, which ordered the department to pay it R176 million. For their appeal against that ruling, they wanted the Hawks to “execute the arrest so that they can use that as exceptional circumstances”.
NOT ENOUGH EVIDENCE An email from investigator Ebrahiem Cloete to his boss, protesting the pressure he was placed under