Dr David A.

Lawson, Ill, FClArb

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A. -J..>&~- P.O. Box 752047
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Benol Canan
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Cyllle Pigue!

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_~ Gene-n, 29 No,t.'1Ilbc: 2013

DAL/mtf
CONFIDENTIAL

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.,._...Fllii!Ct...I.JIIxMie
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.._ Re: Proposed South Aft:ican Govemment Claims against Bardays
Group and Other Entiues based on research by CIEX Lui

Dear Ms Gorrerr,

My clientS sincudy appreciate your ''Cl}' $\lbSttOIUl cffo..n since my Jetter to

-. -- Palrlc;a~ you of September 7, 2013, to alar members of the RSA Govemmcnt and
!Ienior .figures within the ANC to the opportunity for the Govcmmeot to
rcco\er cxtr~dy ~>e amounn; of st:lD: monies stolen during the latter years

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of Aparthl:id and to explain tbar there is tod2y a direct and posithe manner 10

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which mese financial recoveries can be puxsued by the Go,cmmcnt, if~ timely
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deci.~on is made to do so.
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... \talk MGic!r

!\fy clients seek a suit:~blc mandate to pw:sue the rt.puarion claims on behalf uf
the South African Go\crnmc:Dt. as outlioc:d in the 199798 Clll."'\. Reports and
with furthc::r in formation and documents obtlinc:tl since then. According to
rhe cnntucrual ar.rangerncnt on wruc:h the CIE..~ Reports were prepared and
issued, 90% of any reco..cr:ies wiD pa.'IS directly ro the South .o\fric:an
Go~c:rnmcnt, for the bcnc:{jt of .itll peoplr::s. But to obt2in these rccm~eries. the
appropriate claims must be prepared and submitted "'ith evidence: of the
wrongdoing. 1 conW:m mat my clients h:ll'e that' C\.jdence and sWld rc!ld)' w
proceed. :~s wns C'--'plnincd in my cadicr letter.

Gabrinta Zwicty-PBtn>oscu
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The CJF...."{ Repons demonstrate thAt the ~oudJ Aftic:2n fitatc moneys were:
stolen tluough a wclJ.exccured, but touUy unbwful, conspirncy bclwccn
mcmbi!J'S of the then ruling Brotdtrhontl clique holding senior positions in dtc
South Amcan Rcscn'e Bank and tbc: ABSA banking group and other
:\ ftikaoe.r-controUed bunks, ;~S v.el1 as the DtWtkrboml members who nt the time
ct 10trnllcd the sharcholding entities of .A.BSA, including Rembrandt and
5:mlarn. The Documcntaty .pie held by my clients c:xpl:Uns the basis for
asscrtin.~ that notable among these con:;piratoc; and bc:neficiaries of the
unlawful curu.pir.lcy were Dr Chris Scale;, Dr Danic Cronjc; Mr Johnnn Rupert,

and Mr Attic Du 11 lcssis. Fonowing the completion of the CTEX Reports, the
methodology of thi:; conspioacy, the so-cilled "ABS.A Lifeboat," has been
separaidy considered in great dcmil O'l'c:r time wd confumed to be illegal by
6\c cstc.cmed judges of the South Arican High Court. While those: who were
invol~cd can be apcca:d to de:ny wrongdoing. du: solid ~-ide:ncc io my clients'
possession confinrul this ill~ry of the lifeboat "gjfts," nude unch:r the
conrrul of these persons.

Tbc documents and othc:r information in my clients' possession can support an

jmmediitc ciril claim before a competent aiburual for at least 3.2 billion
Rands plus iWJ!licable interest by the South .Afrian Go\etmnr:nt :~gainst
Ba.rchays B:mking Group, 25 owners of ABSA. &.u:cbys WDS clearly cumplicit io
rhe fnucl, as they were nd,iscd of the wwngdoing and illegality before: their
s.cquired du~ir ABSA holdings. The Bank was abo a beneficiary of the mud
since irs success substantially <.:nhanced the book nlue of their subst:ultil'll
holdings in 1\BSA

\'\.'hen added together, the ":\BSA Lifeboat,. cWms and rebted reparation
claim.-; in ~our of rhe Sourll A fricm G ovc::romcnt could total many billions
ofUS Dollins.

1r should be noted that the Barchys b:~nking group remains enmeshed in

endless t~nd datru~giog international liU,-atioo. My clients' consider it is a
reasuru.ble assumption that, if the South African Gcm~mment fonnally pursues
its outstanding recbn1atiun claims in this matter, ;~o =rly sc:ttlcmcnr fot n
substantial part of the lOtal Lifeboat rc:pacnion daim might \Veil be ach.ic\"'ablc.
Such a ~crtlemeut would be an artr.lCU\'C altr.:maO.e for the: Bank who will \tislt
ro avoid further high profile licig2tioo against it by :t sovereign governmcn:.
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l\lorcuvcr, the involvement of the United States banking sc:cto.r in many of the
underlying fi:auclulc:nt and iUegal tmnsactions imoked offers :1 further IUld
most powerful leY~:rBgC when dealing with banks luving aD intc:marioruJ
franchise: such as BnrclSlys. My clients arc uell-placed to negotiate wirh the
Bank un behalf of the South Afcican Go\'cmmeot to the end of achieving :1

just Ie:iult without ha'ing to resort to years of contested litigation.

As is explained in my crlier letter, but worth stating again in support of me

proposed new mandate from the South 4\fi:ican Government, my clients m.,re
~"Fended substantial rcsoua:cs Ol"e:r the intervening years since the 1997-98
CIEX Reports in mcing other pattcms of Apartheid theft and conspiracr
leading ro further infoimAcion aDd documentatinn which wou1d ~uppon
ndditional reparation cbims by the Government from Ewopean banking and
other instirutions for billions of dolW:s on bc:half of the Republic of South
A friO!.

This is panicuLul~ relevant insofar as Soulh Africa's economy continues to be

wcight:d down b}' burdens of debt and obligation incurred 011 the
Govemmcnt's behill' by the Apatthcid regime in its bid for sun1"-at Tl1e
South African clc:ctor.ltc:, as it h1:2ds for the polls ne:tt ye:u:, is imp2-tient thRt
the promised benefit~ have not bct.'11 forthcoming. The "elY substantla.l Alld
scrio~ repantion claims which my clients a.rc in a position to subsWlri2tc on
behalf of the Government would have ''cry major bJJdgetaty benefit for South
.Hric:n.

I.
My clienn;, as the legal succcssw::s to CIE..'L Ltd., have a financial claim on the
South African Government arising from the Or:X entitlement under the
terms of the origiruU conttacr. r\dditionall), they b:Lve continued to invcsr
heavily in further rcse:uch :and study into Apartheid tbcfr_o;: and
misappropriations, conceiving this ro be vc.ry .imporwntly in the interests of the
South African tnx-payer and elector. They nantrally '"ish
to re2lise their
.investment o.c :1 modest percentage ba~. They see the ouurtanding
potential claims as an exccptiou.al opponuo.ity to redress some of tbe
economic ills of Apa.nhdd to the people of South Africa~ from which
some of the perpetrators of crime continue to benefit.

My clic:nts seck simply D clear mandate from Go>cmmcct, prcfernbly, or

another approprinte poJicicaJ or cnric t:Otity, tO pursue these cbim.o; on behAlf of
the p!!oplc of Suud1 Africa, a."i well a:s (0 rcali7.c thcir O'l'\.'n in,cstment which
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has been tnadc for this purpose. They hope fox a prompt nod posmvc
response from Government in response to your effOTL'i over the pasr scveml
month!~. It is clear that .in ::my :u::rSUlgement to go forward, the Govcmmeor's
vtews will be followed :rod :1 full and prompr repnrring procedure will be
esUiblishcd as the proposed ch-il c:bim reCO\ery proceedings are sClrtc:d and
continue.

This is a huge opportunity for South African Govemmc:nL The Truth and
Reconciliation Commission dealt with crimes of l'iolcnce but the economic
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crimes which shackle the Government ill its a.ttcmpts ro meet the aspimtions
of the clcctomte IWl2in. My clients arc read)' to :tssist the Go\cmmenr on the
renn.s noted above and in my prior lener.

In this rCb'2rd, the: recent developments, in which b:mks and other 1inancia1
instirutions around the world haYc: been ca1Jed to usk and ordered to p:ty \ery
substantiul :finc:s and other compensations for their pnur misconduct, arc "ery
much on the side of these claims. We do not \WO[ to lose the momenrum
provided by those developmcnt!i, hence if a response is not forthcoming
promptly please let the relevant persons know that my clients intend to pursue
their interest and their ,.]sion through other ~pprop.riate clwlnels to be able to
:act while the time j5 most :tppropratt:.

Y uur.; llincc:rely,

Dr D id A Llwson, D.Phil (Oxon) FCIAth

J\ ttome}' At Law