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.