and asking that the applications be fast tracked.” She claims that that manager,
when contacted, confirmed the existence of WhatsApp messages from the CJ
and telephone calls asking that the applications be hurried up. Apart from the
indirect nature of that material, there is no indication of the dates of any such
alleged communications.
Report of call to Ms. John
40.
The LATT report refers to an HDC official informing the president of LATT
about being present with Ms. John, former HDC General Manager, and inferring
that that call was with the CJ, and further that it related to HDC
recommendations.
Alleged undated contact through third party
41.
There is also a reference in the executive summary of the LATT report
to an undated contact with another former HDC official by someone whom that
person knew to be the CJ’s friend, in relation to two applications15.
42.
The fair minded and informed observer would, on this material, be left
in considerable doubt whether examination of this material i. actually supports
a suggestion of active lobbying on behalf of the recommendees post the
election or ii. any follow up post the election.
43.
Such observer, though not a lawyer, when making an objective appraisal
of the material facts would consider the documentary material in this regard
emanating directly from the parties concerned. He would be less inclined to pay
regard to material that is not documented, not dated, or that consists merely
of one party’s recollection or report of uncorroborated WhatsApp messages
15
See for example record of appeal at page 291
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