MEDIA STATEMENT RELEASED BY GERT VAN DER MERWE IN RESPONSE TO EWN ARTICLE 13 JUNE 2017 In the short space of time during which | occupied an unenviable space in the public domain as a result of my representation of the Gupta family and the Oakbay group of companies it became unquestionably clear that the South Aftican media portrays perception as reality and society is force-fed with what the media presents as fact in support of now well-established political agenda, whichever way. It, inadvertently, meant that any possible opportunity will be exploited by the media in order to feed narratives through effective channels of communication, sometimes sprinkled with small chunks of truth in order to afford credibility to a story. In this particular matter (where | am portrayed as an accused begging for forgiveness following admissions of fraud and money laundering) the aforesaid is clearly demonstrated. The facts are: 4. | acted as attorney of record for both the accused individuals in this matter. 2. The exact nature and extent of the relationship between the aforesaid accused ~~ individuals was unknown to me and not shared with me (as | had no interest in their relationship). | never knowingly, intentionally or actively participated in any criminal activities and to the extent that my services and infrastructure might have been abused to promote any such activities the aforesaid is regretted. 3, As soon as I realised suspected ill-conduct | acted decisively in order to prevent any possible participation or involvement in any such activity. Those events occurred in 2010. 4. Approximately 3(three) years ago | was arrested and immediately tendered unconditional cooperation with the National Prosecuting Authority disclosing my involvernent in what is commonly known as a Section 204 affidavit (Section 204 of the Criminal Procedure Act). 6, Upon receipt of my affidavit clearly and concisely dealing with my involvement in the matter all charges were withdrawn against me in open court.6. [have since tendered full and unconditional cooperation with authorities and | repeat that | have denied wrongdoing, criminal conduct or any other acts of wrongdoing contrary to what was expected of me under the circumstances. As far as | know the matter is currently part heard and I am not at liberty (obviously as a witness in the matter) to disclose the detail or the facts relating to the matter. | will give evidence on any and all aspects relating to the incident same on the request and in support of the National Prosecuting Authority. 7. I record that | have never received any undue benefit pursuant to any of the alleged transactions and it is misleading and vexatious to allege the contrary or create any such perception. 8. At no point in time was my involvement on the facts alleged in the affidavit denied, kept a secret or withheld. 9. The aforesaid had absolutely no nexus with any of my other clients including the Gupta family or the Oakbay group of companies. | have tendered inspection of my trust account by the Law Society of the Northern Provinces and confirm that clean audits of my trust account were annually submitted to the Law Society of the Northern Provinces. Contrary to what society has grown accustomed to under similar circumstances I, as an official of court, will take full responsibilty for any action | have taken and although all charges were withdrawn against me | remain subject to our courts, its jurisdiction and its powers to hold its officers accountable. | conclude to state and confirm that | will continue to serve my clients with the highest level of honesty, integrity and without fear of being victimised as a result of me representing them. | will continue to subscribe to the ethical principles of my profession and those enshrined by the Constitution of the Republic of South Africa, In response to the aforesaid the media is requested to publish this comment in its entirety in order to give balanced feedback in response to the article published and the circumstances surrounding the incident,