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In his affidavit Mr Naidoo states that within the event that his paperwork are lost, he can be ‘constrained’ to make an software for a permanent keep of the IDC prosecution. He annexes to his affidavit a letter sent to him on the 10thJuly 2007, connected to which have been the paperwork he acquired from Mr Pather. Answering affidavits were delivered by Mr Rikhotso, who denied having ever acquired from Mr Pather, the paperwork which Mr Naidoo alleges he did. They are, not surprisingly, the identical documents which Mr Pather alleges that he gave to Mr Rikhots They were Mr C T James and Mr O D Hart, each extremely skilled and long-standing legal practitioners in Pietermaritzburg. Despite the headings to the discover of motion and his affidavit, no reduction was sought in both doc for a keep of prosecution.

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