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 22

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