In court papers, the ID argued the court wrongly applied law “on the best evidence rule” and may have “not exercised its discretion judicially or that it had been influenced by wrong principles”.
Two searches were conducted on two occasions and only copies of the contract between the department and Nulane Investments could be found. “He [Masiteng] stated departmental documents had been packed and transported by a private moving company and this had subsequently caused confusion as to the whereabouts of departmental documents.”
The ID argued the court also erred in respect to its application of common purpose as it “wrongly expected the state to prove prior agreement between the parties or that they knew each other”.Shadrack Cezula
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