October 24, 2000

To: Aubrey Mokoena, MP
Chairman: Portfolio Committee on Home Affairs


From: Mario GR Oriani-Ambrosini
Ministerial Adviser

On or about October 11, 2000 you published or caused to be published a document titled "Penultimate Report on the White Paper on International Migration in Respect of Public Hearings Conducted by the Portfolio Committee on Home Affairs", [’the Report"] which bears your signature at its end. This document has been distributed to members of your parliamentary Portfolio Committee and others.

The Report contains libellous statements and defames my personal integrity, professional reputation and good standing in my profession and community. Namely, the document states that when on October 3, 2000 I made a presentation to the parliamentary Portfolio Committee of Home Affairs on the White Paper on International Migration:

1. I deviated from the essence of the White Paper;

  1. I employed an unscholarly approach;
  2. I whitewashed the White Paper;
  3. I tried to mislead the Committee by presenting a version of the White Paper vastly different from the version that the public got;
  4. I did not come prepared to the briefing of the Committee;
  5. I prepared and submitted a set of notes which did not address the White Paper in a coherent way;
  6. I delivered a presentation the points of which were not systematic;
  7. my presentation was based on scattered elements;
  8. I shifted the goal post to the point of shocking the Committee and in order to put an acceptable gloss or veneer on the White Paper;
  9. I presented a second version of the White Paper; and
  10. I did not properly brief the Committee.

The foregoing statements carry the necessary implication and/or innuendo that I have acted in such a manner so as to deceive, and misrepresent matters to the Committee.

The foregoing statements are not true, nor does any factual basis exist for them to be justified. They are highly defamatory for they carry the necessary implication that I have breached the rules of professional responsibility, my personal and professional integrity, and the duties of my office, in an attempt to deceive an organ of Parliament. Accordingly, they are also a defamation of my character and personal and professional reputation. Furthermore, these statements carry the necessary implication that I have discharged improperly and unsatisfactorily the duties of my office and my professional responsibilities, which is also a defamation of my good name.

These aforesaid statements are devoid of any factual basis and, for this reason, they are either the product of reckless negligence or outright malice. Since I am neither a political representative, nor a public figure, but a specialised lawyer working for the State, no latitude exists to excuse such a blatant departure from the truth. The publication of these statements has already caused damages in excess of R100,000 for which, subject to the Constitution, I hold you and Parliament liable. Moreover, the damaging effect of these statements will continue for many years to come, given the official nature and the possible circulation and traceability of the document in which they have been made and the high-level context in which they have been rendered. If taken seriously and believed, they would forever create an irreparable stigma on my future career.

Unless immediate reparative action is taken, and the undertakings I hereby request are made, I shall commence legal action against you personally and against Parliament to interdict any further publication and distribution of the Report, and, subject to the Constitution, recover damages.

By no later that the end of business of October 27, 2000, I request to receive your written undertakings that the aforesaid statements are going to be expunged from the Report, and that all those to whom the Report has been conveyed or in any way made accessible will receive corrective written notice of the erroneous nature of such statements, failing which I shall seek a preliminary interdict to prevent the Report’s further distribution and publication.

Furthermore, unless by October 31, 2000 I receive written assurance that adequate reparative measures shall be undertaken, including the payment of present and future damages and the making of equally publicised statements which effectively counter those made in the Report, I shall approach the Cape High Court for the appropriate relief against you personally and Parliament.