Staff Reporter
Major-General Feroz Khan allegedly used police resources to provide EFF leader Julius Malema with details of a complainant in a case against him, while Malema allegedly offered political support to protect Khan from dismissal from Crime Intelligence.
The allegations are contained in a supporting affidavit filed by Madlanga Commission investigator Tshepo Nyatlo in Khan’s now-withdrawn urgent application against the police and the Madlanga Commission over electronic devices seized from his Houghton home during his arrest on 10 May.
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The affidavit is contained in a court document bundle that was released by the Madlanga Commission on Monday night.
Nyatlo said in the affidavit he had analysed WhatsApp communications extracted from Khan’s devices, including exchanges between Khan and businessman Mohamed Sayed.
The commission’s answering papers say the chats appear to show a relationship in which Khan allegedly provided assistance to Malema through Sayed, while Malema was allegedly prepared to use political channels in matters involving Khan.
Nyatlo said one of the issues raised by the chats was: “The use by General Khan, at the request of Mr Sayed, of his powers within SAPS to provide Mr Julius Malema with details of a complainant in a case against him, including details of that complainant’s address.”
He also said the material concerned “Mr Malema’s undertaking to campaign politically to protect General Khan from being dismissed for misconduct from his position within the Crime Intelligence Division of SAPS”.
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The affidavit says the exchanges included an alleged attempt in June 2021 to use EFF parliamentary questions against the then Inspector-General of Intelligence, Dr Setlhomamaru Dintwe.
“In June 2021, General Khan, Mr Malema and Mr Sayed seemingly conspired to orchestrate the removal of the then Inspector General of Intelligence, Dr Dintwe,” Nyatlo said.
According to the affidavit, Khan sent Sayed a series of proposed questions on 11 June 2021 to be posed to the Inspector-General in Parliament by the EFF.
Nyatlo said the questions were “designed to trap the Inspector General into giving a dishonest response, whereafter his removal could be demanded”.
Khan’s proposed questions included asking Dintwe whether “Convicted drug dealer, and member in the agent programme, Timmy Mariemuthoo claims to be close friends with you, is this true?” and “How long has the IG been a captured public servant of Timmy Mariemuthoo?”
The affidavit says Sayed later forwarded Khan two messages that he said “Juju sent me now”.
Khan’s immediate response, according to the affidavit, was: “Excellent bro Thanks” and “Let’s go to War.”
The papers say Khan and Sayed then discussed the purpose of the questions.
“This should get him to lie,” Khan allegedly wrote.
“And in return we can ask for his removal coz he lied,” he added.
Sayed allegedly replied: “Absolutely he’s gonna deny it and then he’s fucked Bye bye poes.”
Nyatlo said Sayed later forwarded Khan an exchange with Malema in which Sayed asked when the questions were “going to be fired off to them?” and Malema replied that this would happen the following day.
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The affidavit says the parliamentary-question exchange ran alongside another exchange involving Malema, Sayed and Khan.
“In the midst of these exchanges around the apparent plot to trap the Inspector General, there was a parallel exchange between General Khan and Mr Malema, intermediated by Mr Sayed,” Nyatlo said.
On 15 June 2021, Sayed allegedly forwarded Khan a message from Malema saying: “Need to know the complaint in case no: SANDTON CAS 76/07/2019.”
Sayed followed up with another message explaining the source of the request: “Juju bru”.
Nyatlo said Khan then provided Sayed with an extract from the SAPS computerised case filing system containing the complainant’s name.
“General Khan then also separately messaged Mr Sayed with not only the complainant’s name, but also his address,” Nyatlo said.
The affidavit identifies the complainant as Anoosh Rooplal, the curator of VBS Bank.
VBS Mutual Bank collapsed after a large-scale looting scheme. Former VBS chair Tshifhiwa Matodzi later entered into a plea and sentencing agreement on charges including racketeering, theft, fraud and money laundering.
Malema had been implicated in the scandal in Matodzi’s plea explanation affidavit.
Nyatlo said Matodzi stated in his plea explanation affidavit that, “in an attempt to buy EFF political protection for VBS, he had paid bribes of millions of rands to Mr Malema and Mr Floyd Shivambu in the guise of making donations to the EFF”.
Malema has previously denied that the EFF or its leadership took money from the defunct bank.
The court papers also cite later exchanges that the commission says show political support flowing in the opposite direction.
Nyatlo said Khan leaked his disciplinary notice to Sayed on 30 July 2021. On receiving it, Sayed allegedly asked: “Can I send to juju”.
On 5 September 2021, Sayed allegedly sent Khan a voice note about Malema.
“Juju called me now. He said that your things are coming along very very nicely. It’s moving along very rapidly. But just give him some time but its going to happen for sure,” Sayed allegedly said.
Nyatlo said Khan responded that the message was “much appreciated”.
On 22 September 2021, Sayed allegedly sent Khan another message of support from Malema relating to Khan’s disciplinary proceedings.
“I forgot to tell you that Ju called me, said that you will not ever resign, no matter what, this is a fight and we will emerge victorious,” the message said.
The Commission’s secretary, Dr Nolitha Vukuza, said in a separate answering affidavit that Khan’s application appeared to be “an attempt to suppress ventilation of prima facie evidence suggesting the involvement of General Khan in a range of improper or illegal acts directly relevant to the terms of reference of the Commission”.
