Presidency director-general Cassius Lubisi responded to the court challenge by one of the affected prosecutors, advocate Ron Mncwabe, despite the fact that Ramaphosa had been cited as the first respondent, which required him to confirm that Lubisi was empowered to act on his behalf.
Similarly, Mncwabe argued, Ramaphosa did not confirm the contents of Lubisi’s submissions in as far as they related to the president’s actions and therefore the submissions of Lubisi in part amounted to hearsay. “We confirm that the court rules/case law authority is clear to the fact that any confirmatory affidavit must be filed simultaneously with the main affidavit, which is being confirmed.”
“All our client’s right in this regard remains firmly reserved and, should the need arise, this letter shall be handed up to the presiding judge,” said Ehlers Fakude Inc.
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