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, he 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.