By Johnathan Paoli
The Madlanga Commission has heard evidence alleging that suspended Crime Intelligence deputy head Major-General Feroz Khan used tobacco executive Mohamed “Mo” Sayed as an intermediary to communicate with EFF leader Julius Malema.
Leading evidence before the commission on Tuesday, Advocate Matthew Chaskalson said WhatsApp messages extracted from Khan’s cellphone showed a pattern in which Sayed relayed messages between Khan and Malema, including requests for confidential police information, arrangements for meetings and draft parliamentary questions targeting senior intelligence officials.
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“What the issue is, is that the chats suggest that the primary purpose of General Khan in raising the issues in the way that he did was to trick the then Inspector General of Intelligence, Dr Dintwe, into lying so that if he did lie he could be removed from his position, a position in which he was exercising oversight over General Khan,” Chaskalson said.
“If General Khan had been genuinely concerned, we would have expected him to take the issue up through the appropriate channels. Instead what he did was he used his relationship with an alleged tobacco smuggler (Sayed) to plant questions to the Inspector General through the EFF in the hope of trapping the Inspector General in a lie. That was what his purpose was,” he added.
The commission heard that on 15 June 2021, Sayed allegedly forwarded a message requesting information about a Sandton criminal case linked to the VBS Mutual Bank scandal.
Sayed’s message read: “Need to know the complainant in case number… Juju bro.”
Chaskalson said Khan responded by accessing the SAPS database and providing the complainant’s identity before allegedly supplying additional confidential information.
The complainant was identified as Anoosh Rooplal, curator of VBS Mutual Bank.
Chaskalson said that Malema’s interest related to allegations surrounding the VBS scandal.
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“Mr Malema’s concern about this case number was because it related to an issue whether rightly or wrongly someone was implicating him, and getting the name of the complainant in that case was not something to which Mr Malema was entitled and was not something which General Khan was entitled to provide,” Chaskalson said.
“It has very much the appearance of a favour in return for a favour, an illegal favour in return for a favour,” he added.
The commission examined messages concerning parliamentary questions directed at then Inspector-General of Intelligence Dr Setlhomamaru Dintwe and former police minister Bheki Cele.
According to Chaskalson, Sayed forwarded messages received from Malema before Khan drafted questions for the EFF to submit in Parliament.
“The questions were drafted verbatim and subsequently sent to Police Minister Bheki Cele,” he said.
Chaskalson said that the objective was not accountability, but to entrap the Inspector-General. He alleged that Khan exploited Sayed’s relationship with Malema to achieve that objective.
The commission heard that Khan allegedly celebrated after receiving the revised parliamentary questions.
Chaskalson also pointed to WhatsApp exchanges allegedly showing Sayed arranging meetings between Khan and Malema.
On 20 June 2021, Sayed allegedly messaged Malema asking to meet “with our general”, to which Malema reportedly replied: “Shop [sic].”
Khan subsequently thanked Sayed for arranging the meeting.
Commission chair Mbuyiseli Madlanga questioned whether confidential intelligence matters should ever have been discussed outside official channels.
“Those are Crime Intelligence issues that are sensitive. They are not to be shared with just anybody, whether they are your friends or acquaintances,” Madlanga said.
Commissioner Sesi Baloyi also raised concerns that Khan may have been using information obtained through his official position for improper purposes.
Before presenting the evidence publicly, the commission issued Malema with a Rule 3 notice informing him that he was implicated in allegations under investigation and inviting him to respond.
In a written response read into the record, Malema denied wrongdoing and distanced himself from the communications between Khan and Sayed.
“I do not have knowledge of the exchanges between Mr Sayed and General Khan. I deny any inference that the contents of these paragraphs to the extent they infer any unlawful conduct on my part,” Malema stated.
He added that, as an MP, he routinely receives information from various sources.
“In any event, I regularly receive information from various sources, some covert, some public, that relates to my work as a Member of Parliament.”
Chaskalson also pointed to WhatsApp messages in which Sayed allegedly forwarded details of Bertobrite’s SAPS fleet management tender to Khan, saying the request came from “Juju” and adding, “I think he wants us to do it.”
He said the commission’s concern stemmed from the timing of the request, alleging it formed part of a pattern suggesting a possible quid pro quo involving support for Khan during his disciplinary proceedings. Malema has denied that Bertobrite bribed the EFF.
The commission adjourned public proceedings before moving into an in-camera session, where further classified evidence relating to Khan was expected to be heard behind closed doors.
