COMBINED SUMMONS IN THE HIGH COURT OF SOUTH …

1 COMBINED SUMMONSIN THE high COURT OF SOUTH AFRICAGAUTENG LOCAL DIVISION, JOHANNESBURGCASE NO.:( QQln the matter between:First PlaintiffSecond PlaintiffThird PlaintiffTHOMAS SWABIHI MOYANEJONAS MAKWAKWAandFirst DefendantSecond DefendantThird DefendantMAIL & GUARDIANCRAIG MCKUNESAM SOLETo the Sheriff or his Deputy:MAIL & GUARDIAN, a newspaper company duly registeredin terms of the laws of the Republic of SOUTH Africa with itsdomicilium citandi et executandi at Grosvenor Corner, 195 Jan Smuts Avenue, Rosebank, johannesburg (hereinafter called the First Defendant)INFORMCRAIG MCKUNE, an adult male person, employed by theMail and Guardian as a j o urnalist, with his employmentaddress situated at G rosvenor Corner, 195 Ja n S mutsAvenue, Rosebank, johannesburg , whose full and furtherparticulars are unknown to the INFORM(hereinafter called the Second Defendant))

2 AND INFORM SAM S O L E , an adult male person, employed by the Mailand Guardian as a journalist, with his employment addresssituated at Grosvenor Corner, 195 Jan Smuts Avenue,Rosebank, johannesburg , whose full and further particularsare unknown to the Plaintiffs.(hereinafter called the Third Defendant)THOMAS SWABIHI MOYANE, an adult male person, whois the Commissioner for the SOUTH African RevenueService ("SARS"), and is suing herein in his personaland as well as in his representative capacity, with hisoffices situated at No. 299 Bronkhorst Street, NieuwMuckleneuk, (hereinafter called the First Plaintiff)JONAS MAKWAKWA, an adult male who is the ChiefOfficer: Business and Individual Taxes for SARS and issuing in his personal capacity and residing at 56 JusticeMohamed Street, Unit 2 Brooklyn, Pretoria.

3 (hereinafter called the Second Plaintiff)AND THATSOUTH AFRICAN REVENUE SERVICE ("SARS"), ajuristic person established in terms of section 2 of theSouth African Revenue Service Act, 34 of 1997 ("Act")with its registered place of business or head office atNo. 299 Bronkhorst Street, Nieuw Muckleneuk, Pretoria.(hereinafter called the Third Plaintiff)AND THAT hereby institute action against the Defendants in which action the Plaintiffs claimrelief on the grounds set out in the Particulars of Claim annexed th e D e f endant(s) further that if the Defendant(s) dispute the claimand wish to defend the action, the Defendant(s) shall:-(i)within ten (10) days of the service upon the Defendant(s) of thisSummons, file w it h t h e R e gistrar o f t h i s C o urt s i tuated atJohannesburg, its notice of intention to defend.

4 (ii) th e r eafter and within twenty (20) days after filing and serving noticeof intention to defend as aforesaid, file with the Registrar and serveupon the Plaintiff(s) a Plea, Exception, Notice to strike out, with orwithout a th e D e f endant(s) further that if the Defendant(s) fail or fails to fileand serve notice as aforesaid, Judgment as claimed may be givenagainst the Defendant(s) without further notice to the Defendant(s),or if having filed and served such notice, the Defendant(s) fails toplead, except, make application to strike out or C ounterclaim,Judgment may be given against the Defendant(s).

5 ANDimmediately thereafter serve on the Defendant(s) a copy of thisSummons and return same to the Registrar with whatsoever youhave done AT johannesburg ON THIS THE 2 oI DAY OF MARCH OF THE high COURTJOHANNESBURG& MONAMA INCAtto~f o t - Plaintiff2"loor, Suite 19 Katherine 8 West Building114 West StreetSANDTONc/o THE DOCUMENT EXCHANGE5'" Floor, Carlton CentreCnr. Von Weilligh and Commissioner StreetsJOHANNESBURGP 0 Box 784040 Sandton 2146 Docex 2 Nelson Mandela SquareSANDTONTel: (011) 303 7900; Fax: (011) 303 7999 Ref: Mr. Maphakela/aic/SAR2-0036 ANNEXUREPARTICULARS OF CLAIMThe First Plaintiff is THOMAS SWABIHI MOYANE, an adult maleperson, who is th e C ommissioner for the SOUTH African RevenueService ("SARS"), and is suing herein in his personal and as well as inh is representative capacity, with hi s o f fices situated at N o.

6 2 9 9 Bronkhorst Street, Nieuw Muckleneuk, Second Plaintiff is JONAS MAKWAKWA, an adult male who isthe Chief Officer: Business and Individual Taxes for SARS and is suingin his personal capacity and residing at 56 Justice Mohamed street,Unit 2 Brooklyn, The Th i r d P laintiff is the SO UTH AFRICAN REVENUE SERVICE("SARS"), a juristic person established in terms of section 2 of theSouth African Revenue Service Act., 34 o f 1 9 9 7 ( "Act"), with itsregistered place of business or head office at No. 299 BronkhorstStreet, Nieuw Muckleneuk, n terms of the provisions of Section 9 ( 1)(b)

7 Of th e A ct, a s t h eCommissioner, the First Plaintiff takes all decisions in the exercise bySARS of its powers and these powers include the institution anddefence of legal proceedings, amongst First Defendant is MAIL & GUARDIAN, a newspaper companyduly registered in terms of the laws of Republic of SOUTH Africa, with itsdomicilium citandi et executandi at Grosvenor Corner, 195 Jan SmutsAvenue, Rosebank, Second Defendant is CRAIG MCKUNE, an adult male person,e mployed by t h e M a i l a n d G u a rdian a sa journalist, with h i semployment address situated at Grosvenor Corner, 195 Jan SmutsAvenue, Rosebank, johannesburg , whose full and further particularsare unknown to the Third Defendant is SAM SOLE, an adult male person, employedby the Mail and Guardian as a journalist, with his employment addresssituated at Grosvener Corner, 195 Jan Smuts Avenue, Rosebank, johannesburg .

8 Whose full and further particulars are unknown to Second and Third Defendants were at all material times actingwithin the c ourse and s c ope o f t h eir e mployment with th e F i whole cause of action arose within the jurisdiction of the aboveHonourable COURT and or alternatively the First Defendant conducts itsbusiness within the jurisdiction of the above Honourable A DEFAMATION10. On or a b o u t 1 9 F e bruary 2016, an a rticle titled "S ARS WARS:MOYANE'S EMPIRE STRIKES BACK", was published in the Mail 8 Guardian newspaper. A copy of the article is attached hereto markedannexure "A" 11.

9 The s a i d newspaper ("A") is widely distributed in SOUTH Africa andwidely read by the general Th e a f o resaid article wrongfully and maliciously, with injurious intent,stated of the Plaintiffs Th e r e structuring is a deliberate attempt by the First Plaintiff's" new guard" t o g i v e t h e mselves u n due i n fluence o v e rsettlement negotiations running into billions of Th e F i rst Plaintiff wants to farm out the large business centre'sfunction to smaller regional centres in a process that seemsalarmingly similar to the way in which the SAPS destroyedcapacity and skills by closing special Th e F i rst Plaintiff has targeted senior managers seen to havebeen loyal to Gordhan during his term as the Minister and asSARS' Commissioner by suspending

10 Un d e r the First Plaintiff,"SARS" face has been designed tobring it to heel to stop potential enforcement action targeting"ANC interests, Zuma's Nkandla upgrades and his friends, theGupta family". The Fi r s t P l a i ntiff, t h rough r e s tructuring, i s s i d e -liningexperienced e mployees i n f a v ou r o f l i t t l e e x p eriencedemployees close to the Second Th e S e cond Plaintiff's "hatchet man" had harassed tax Th e S e c ond Plaintiff frustrated the ends of justice in a Th e D e fendants were aware or reasonably ought to have known thatthe aforesaid allegations as c o ntained i n t h i s l e tter w ere f a lse,defamatory and i njurious t o t h e F i rst, S econd and/or th e T h i Fur t h ermore, the allegations published as aforesaid.