3. CONSIDERATION OF THE EVIDENCE 1. AFFIDAVIT BY CHRISTO SCHOLTZ i) In an affidavit from Mr. Christo Scholtz the Managing Director of Trifecta Holdings in the Gauteng North High Court (in an unrelated matter), declared that "the deceased (Mr. Sarel Breda a partner in Trifecta Investment Holdings) had, to my personal knowledge, in 2005 undertaken to transfer a 10% shareholding in the final respondent to the nominees of Yolanda Botha, who was a close friend of the deceased and influential in political circles. She had not yet nominated the entity to which shares should be transferred at the time of the deceased's death, and hence the reference to the YB Trust in the spreadsheet." ii) In her response to this evidence, Ms Botha stated that the statement by Mr. Scholtz was not relevant as Trifecta were not successful in this case. 2. LEASES i) The Panel noted that Ms Botha in her capacity as Head of Department in the Northern Cape Department of Social Services and Population Development signed leases with various companies in the Trifecta Group to a total value of R98 389 206 .00 from the period 1 December 2006 to 1 August 2008. ii) In her defence Ms Botha stated that she merely signed in her capacity as Head of Department, and that the leases were procured by the Supply Chain Management of the Department. When asked why she had not recused herself, she did not respond directly. 3. LOAN AGREEMENT SUBMITTED BY MS BOTHA i) The Registrar noted that the loan agreement submitted by Ms Botha on 22 February 2011 was vague in that it contained no terms of repayment; no interest was accrued, nor was any interest rate established. ii) The final cost of the renovations was in excess of R1.2 million and not the amount of R500 000. As stated in the affidavit submitted by Ms Botha. iii) The witness to the loan agreement confirmed in a signed affidavit that she was not present when the loan was signed and had no recall of the date that the contract was signed. iv) In her response in a second affidavit, Ms Botha stated that as she is not legally trained she was not aware of the documents she was required to submit to the Registrar of Members' Interests.