Statement by Kenosi Moroka - Mg

DRAFT STATEMENT by MK MOROKA
1. I am an adult businessman and practicing as an attorney under the name
and style of Moroka Attorneys, Suite 19 Reitz Park, Pres Reitz Ave,
Westdene, Bloemfontein.
2. I am in possession of a court application document that was made by Mr.
Biyela and have noted the allegations that he has made against me in
respect of his application with the gambling board of the Free State.
3. In paragraph 28 of his court application he makes mention of my name
and that I would facilitate the process of his application. At no stage did I
ever state that I would facilitate the process of his application for him.
4. I did receive a call from Mr. Biyela that he wanted to see me as he wanted
to discuss some business opportunities with me and as a businessman
and a person I know I agreed to meet with him. He suggested that I
should meet with him halfway between Bloemfontein and Johannesburg.
We agreed on Kroonstad. He said that he was going to come with Mr.
Richard Moloko whom, I also know to the meeting. When I arrived at the
Shell Garage which was a few minutes late after the scheduled time we
agreed on, I found them already halfway through their breakfast meal
which they also offered to me but I declined as I had already had my meal.
5. We discussed under general and soon after they ate their meal, Richard
Moloko said to me that there is two business issues they wanted to see
me about. Which were one, they wanted to establish a new
empowerment group structurre in the Free State to be involved in LPM
(Route and Site) licenses and that I would lead that group. Two they also
wanted me to be their legal advisors in respect of those licenses and with
the current problems they have been experiences in the Free State which
were delayed without any legal justification and to their detriment. They
then informed me that they lodged an application with the Gambling board
and that the Gambling board is ready to decide in their favour in regards to
the application lodge and the Free State premier is unjustifbliy stopping
the FSGB in doing so.
6. I know both Biyela and Moloko and they know me too very well. They
then asked whether I cannot speak to the Premier to instruct the board to
proceed with the finalization of the application and they will see how they
take care of my. In any case I would be their legal advisor and lead

member in the Free State. In fact I asked them what was the rational from
the Premier for not allowing the Board to finalise the application. They
then said to me they have correspondence form the Premier that the
Board was not properly constituted and could not take valid decisions. In
fact, Richard was even saying that they are ready with a court application
to compel the Premier and the FSGB to finalise their application. My
comment was that as both myself and him (Moloko) are lawyers he should
know what that can mean, it can by denied or can be granted, so they
must weigh up their options.
7. In paragraph of their application, amongst others, they say that I said I can
facilitate the process for them, that is a blue lie, at no stage did I say I will
facilitate the process for them. I said that I can see what I can do but I
cannot give them any guarantees especially in light of the fact that they
already had a letter from the Premier that the board should not make /
take decisions. At that time I did not see any letter from the Premier.
Further, at no stage did I say to them that I can assist them as they
alleged and again at no stage did I confirm or say to them that my
facilitation fee would be R2 million. In fact, that is what they offered me
should I succeed with their request to have their application finalised.
Further, at no stage did I say to them that I represent the Premier and four
others. These allegations are said against me to create certain wrong
perceptions about me.
8. Whilst we were speaking somebody else phoned Richard Moloko, that
interrupted our conversation that is when I, for my own reasons tried to
phone the Premier to enquire about whether he was goiing to attend a
business gholf day, organized by business people. I could not get though
to the Premier, I tried the Premiers PA who did not know where the
Premier was and who though that the Premier was at the office. I then
phoned the Premiers wife and enquired from her where the Premiers was
and whether the Premier will be available. She said that she will come
back to me.
9. Later on the Premier's wife phoned me to confirm that the Premier will be
attending the business gholf dat event so that I can meet him at the Gholf
business event.
10. On my way back to Bloemfontein I phoned Biyela and told them that I
have managed to locate the Premier and that I will find our from the
Premier what was the rationale behind the Premiers instruction that the
board should not take decisions, especially in the light of pending
applications.
11. I deny that I had set up any meeting with the Premier for either Biyela or
Reddy as alleged by Biyela in paragraph 35 of his affidavit but I admit that

I did have a meeting scheduled with Biyela on the 19 th of June 2009 at
Bloemfontein, which was a follow up meeting to the one of Kroonstad. I
had agreed that I will pick him up from the airport. I am actually shocked
to note that he said that I was uncomfortable with his presense in
Bloemfontein when in fact this was a arranged meeting between
ourselves.
12. When we were at the airport Vivian Reddy arrived for his own meeting that
he had arranged with the Premier and we then decided, al three of us, to
drive in one car, which was my car. As we were driving to the government
building, whilst still in my car, Biyela showed me a copy of the letter that
the Premier had written about the Board supposing not to take decision
until a proper board has been constituted. I realised that this letter was
actually addressed to the FSGB and is the same letter he attached in his
application as annexure "MS3A". Because Vivian had said that his
business presentation to the Premier was not going to be long I then
decided to drive him to the government building office. When we alighted
from the car Biyela remained inside the car and said that I will not be
coming with us because I was taking Vivian halfway ot the premiers office.
I left the engine of my car running as it was cold and I had the heater on,
so that Biyela would not get cold. It is not true that I Biyela and Vivian
outside the Premiers office in the foyer waiting to be called in. This is a
blatant lie. Vivian and I went into the Government building, registered at
the reception and went to the premiers office, where Vivian registered and
was allowed inside. Biyela was nowhere near there.
13. In paragraph 28 of Biyela's affidavit Biyela mentioned that I started
mentioning money, what money. He then goes on to say that I mentioned
a figure of R10 Million, for what, as he had already offered me a lucrative
offer for my servies. At no stage did I ask Biyela to wait for me in my car.
He decided to remain in my car when we parked there, that was his own
decision. If he had come with us he would have realized that I did not
enter the Premiers office with Vivian for his business presentation.
14. Biyela is lying when he saying that he saw myself and Vivian entering the
Premiers office as he left, he was not there. That is a figment of his own
silly mind.
15. I deny that Vivian ever mentioned any amounts to Biyela in my presence
as alleged in paragraph 39 of Mr. Biyela's affidavit. Again this another
manipulative and dirty tricks exercised by Mr. Biyela to push for his
demands.
16. When Vivian finished with his business presentation to the Premier we left
for my office as I had a meeting with Mr. Biyela and once at the office
Biyela enquired from me whether did I manage to speak to the Premier,

ut without confirming that I spoke to the Premier. I made him aware that
the Premier has already made a decision about the Board making any
decisions because of their improper constitution and this was a matter I
could not pursue for very long because it could only take a hard skull to
suddenly change a written instructions to another deviating instruction. I
still promised him that I would see what I can achieve and that I would get
back to him.
17. We then discussed his proposition that I should be their legal adviser for a
new business venture they planned to undertake as I discussed herein
before and considering our relationship and the establishment of the new
BEE structure. I agreed to this. He then said to me that he is going to
empower me financially can I draft an agreement between myself and
himself to reflect his commitment. I then said that I would introduce him to
Mr. LA Roux
18. Everything discussed between myself and Biyela was in bits and pieces. I
then referred him to LA Roux where I introduced him to our Mr. LA Roux
to draft the agreement. Mr. Biyela would tell what type of agreement he
wanted. When Biyela said to me that he wanted to empower my by
providing me with funds / money, as indicated herein before he asked me
for my particulars. I gladly provided him with my business trust bank
account details.
19. I deny that I ever dictated the terms of agreement between myself and
Biyela to Anton. I deny that I appeared with a draft agreement as alleged
by Biyela and stated that he was the one who brought the agreement to
me in my office after drafting same for me to peruse and sign if I am
satisfied. I refused to sign same, amongst other, a new figure of R3
Million was now indicated which was something that was never put to me.
20. I deny that I was claiming any amount / offer on behalf of the Premier or
anybody else for the Premier to remove the Premier's opposition to their
application in return for the payment of R3 Million.
21. This is one of the desperate attempts by Mr. Biyela to discredit me for own
personal and selfish reasons.
22. I deny the contents denied in paragraph 42 of his affidavit and also wish to
state that the issue of faxing was discussed between him and Anton.
23. It is my view that Biyela planned all this in a desperate effort to ensure that
his application with the Board is decided in his favor, in any way, he had
already stated that the Board was ready to decide in his favor.

24. I attach hereto Mr. LA Roux's statement as to what transpired between
himself and Biyela.