Vivien Natasen - Further update on setting the record straight

Following my post of last week, one of the journalists whom my post relates to commented and sent me questions around my post. By way of background, the Business Day (and its affiliated portals had published a story around my role as consultant to one of the bidders to the 4th Licence of the National Lottery, but insinuated that the Zondo State Capture findings against me prejudiced the bid. I had corresponded with the publication with a letter as follows:

26 September 2024

The Editor-in-Chief

Business Day transmitted via email

Attention: Mr Alex Parker

Subject: ARTICLE TITLED “STATE CAPTURE-ACCUSED VIVIEN NATASEN LINKED TO LOTTERY TENDER COMPANY” PUBLISHED 23 SEPTEMBER 2024

Dear Mr Parker

I refer to the above-mentioned article published by your newspaper on both the print and online platforms on said date (attached hereto as Annexure A) and would like to voice my objections and concerns as well as exercise my right to reply as follows.

There are critical inaccuracies published by your journalist which could have been avoided with just basic desktop research. Key amongst those is referring to me as ‘State Capture-Accused’. The sensational labelling is not only misleading, it has dangerously impugned my business reputation and standing within my industry and beyond.

Engagement with Parties Prior to Publication

I received a WhatsApp message from your journalist, Mr. Kabelo Khumalo, at 15:53 on Friday, 20 September 2024, requesting information about my involvement with Mr. Bongani Mahlori and Mr. Patrick Mongwe, as well as asking if I had any involvement with Giya Games Holdings. Do note that this was a long weekend where many of us we already away on holiday.

No mention was made in the request to me by the journalist regarding my name in the State Capture report by the Zondo Commission or any involvement with National Lotteries Commission processes. Yet the gist of the article, as the header reads, is premised on the very same matter that I was not asked about.

For The Record

The NPA Report to parliament in October 2023 (annexed hereto as Annexure B – item 8) pertaining to progress feedback on the Zondo Commission findings clearly identify the parties that have been accused and / or charged on that matter regarding SA Express. To my knowledge these parties have appeared in court already and the court processes are well underway.

This is information that is readily available, more so to a journalist who is keen on publishing the story of this nature. Consequently, it is safe to conclude that Mr Khumalo did not do his homework prior to publication of the story, to the detriment of my reputation. It is important to draw the distinction that I am not an accused but will be a State witness as and when required on the matter. Letter to Business Day 26 September 2024 Page 2

I am mindful that media has a right to report on anyone, myself included. Those are the rights that we fought for and will continue to do so. It is however, equally important for media to not mislead the public through inaccurate reporting.

I humbly request that this be remedied accordingly.

Yours faithfully,

Vivien Natasen

(transmitted over email)

Robin Wheatley (“Wheatley”), through Arena Holdings, responded to my correspondence, requesting my desired outcome. A response was provided clarifying the status quo of all allegations against me, the most critical being that I was not charged and am not an accused in the case which was before the Zondo Commission and that I was not involved in any alleged looting of the NLC. Based on the feedback provided in terms of the status quo, which I considered to be a right of response I was not afforded in the first instance, I requested a retraction, alternatively clarification of the status quo at the same level of exposure as the initial article. Several weeks later I received a response from Wheatley stating that they were not willing to correct the article. I am also aware of my rights to take the matters to the Ombudsman and have previously taken matters there and obtained successful findings. However, media houses rarely publish apologies and corrections at the same level of exposure as the initial articles. It is for this reason that I took the decision to issue an open letter as it has been my experience that the media is not interested in factual and accurate information. Had this been the case, I would not have been declined the clarification of the status quo (even if not a retraction). The allegations have been used to paint a picture of tainted integrity yet the media house refuses to report on the existing status quo which refutes perceptions created by the article that the integrity of the lottery process is questionable based on my involvement with Giya.

The request for clarification was denied, yet the journalist responsible for the impugned article commented on my post on LinkedIn and approached via WhatsApp this past Friday, raising the issues which are inappropriate to address on a social platform. This is notwithstanding that I have addressed these issues in correspondence addressed to the publication. For the record I am under no obligation to allow the journalist to put me on trial on social media when I have issued the letter to raise awareness on the status quo of allegations against me, due to the media taking undue advantage of my silence and not acting responsibly in reporting accurate information. No one can be judged on allegations and perceptions yet the media insists on trying and convicting me in the public eye, refusing to set the record straight, thereby causing me personal and professional prejudice.

For the avoidance of doubt, subsequent to the Zondo Report, the SAPS and NPA have opened a new case on the SA Express matter (this time with the complainants being State institutions and departments which are the parties aggrieved by the misappropriation of funds). I provided my witness statement, substantiated by documentary evidence as part of the new investigation, as I had done during the inquiry at the Zondo commission. I reiterate that the key point I was trying to make in my post is that I am not an accused in the matter and I can confirm that I have not “cut a deal” with the State in return for my statement. Further than that, I cannot comment further as this is now a matter before the courts.

On the other question posed to me by the journalist around transactions with Prof. Nevhuthanda (the former Chairperson of the National Lotteries Commission), I cannot comment on these as these are subject to a current investigation and I do not wish to prejudice the State’s case or the rights of any individuals. I can however state that neither myself nor any entity associated with me have made any applications to or been party to claiming of grants from the National Lotteries Distribution Fund.

I have chosen to place my responses here as it is unlikely to get the light of day in the conventional media.

#statecapture #corruption #viviennatasen #natasen