By Johnathan Paoli
The Madlanga Commission of Inquiry has examined a series of WhatsApp messages which may point to a close working relationship between suspended Gauteng Crime Intelligence head Major-General Feroz Khan and former National Treasury procurement official, later SAPS Lieutenant-General, Molefe Fani, in efforts to assist businessman Mohamed Sayed secure lucrative government procurement opportunities during the COVID-19 pandemic.
Leading evidence before the commission on Friday, evidence leader Adila Hassim presented dozens of WhatsApp exchanges between Khan and Sayed dating back to 2021, arguing that the conversations appeared to show Khan acting as a facilitator between a private businessman and senior government procurement officials.
Hassim told the Commission the messages centred largely on personal protective equipment (PPE) tenders and repeatedly referenced “Pilot”, whom investigators say is Fani.
“We will establish that the Fani that is being referred to in this chat is General Fani, who’s recently been suspended from the SAPS, where he was in supply chain management. But at this point in time, he was employed in National Treasury in a procurement position,” Hassim said.
The commission heard that Khan allegedly provided Sayed with procurement-related information, contact details and documents while attempting to help him access SAPS mask contracts.
Among the material presented was an image allegedly sent by Khan showing the number of disposable face masks required across SAPS divisions and provinces, together with procurement guidance.
Hassim distinguished between publicly available Treasury instructions and information she argued was internal to SAPS.
“The first document would not have been information that was publicly available. That’s internal SAPS information that would benefit a bidder. The second series of screenshots is General Khan providing information that’s relevant for this tender… it is intended to assist Mr. Sayed in the process of securing the tender,” she said.
The commission heard that Sayed repeatedly urged Khan to pressure procurement officials to finalise PPE contracts.
One exchange allegedly read: “Please tie up the pilot and Gen 1. We need the order…”
Another stated: “Please follow up with Gen 1 and the pilot.”
According to Hassim, Khan replied: “I followed up with Gen 1 last night. He is going to chase pilot today.”
The messages continued over several days, with Sayed allegedly becoming increasingly frustrated.
“It’s Wednesday already. Please push Gen 1 and pilot to finalise PPE story. These guys are too slow.”
Khan allegedly responded: “I will call pilot.”
Hassim also highlighted messages in which Khan allegedly supplied Fani’s official National Treasury email address and later his contact numbers.
Commissioner Sandile Khumalo sought clarity on Fani’s career progression.
Hassim confirmed Fani only joined SAPS on 1 August 2022.
“He didn’t come through the ranks in SAPS at all. It was a transfer from Treasury. And then when he went to SAPS, he was given the rank of lieutenant general,” she said.
Beyond the PPE discussions, the commission examined further exchanges involving an information technology contract between National Treasury and a company called Siberia.
The WhatsApp messages allegedly showed Khan arranging meetings between Sayed and Fani while facilitating discussions involving Treasury officials.
Further exchanges referred to meetings involving MTN and Treasury officials, with Khan allegedly acting as an intermediary.
Hassim argued the cumulative effect of the conversations suggested a longstanding and unusually close relationship between Khan and Sayed.
Responding to questions from Commissioner Sesi Baloyi, Hassim rejected suggestions that the communications merely reflected a public servant assisting a member of the public.
“We’ve read the entire set of chats and so it’s clear that they have a very close personal relationship. This is not some member of the public who happens to call up someone. This is someone he meets on a regular basis, he socialises with on a regular basis and it’s not the only instance in which he helps to facilitate,” she said.
Hassim said the WhatsApp exchanges appeared, at face value, to show Khan facilitating access to government procurement processes for a private businessman.
“What it looked like is that General Khan allowed himself, if I can put it at the lowest bar, to be used for access to the SAPS and Treasury procurement channels for a private businessman,” she said.
Hassim said the messages revealed no indication that Khan attempted to distance himself from the requests or report any allegedly improper approaches.
“On the face of it, he is facilitating. He’s not responding as a senior police officer who’s distancing himself from the improper approach that is being made to him to facilitate access to the contract,” she said.
Hassim emphasised that Khan would ultimately have the opportunity to respond to the allegations when he appears before the commission, noting that investigators were presenting only the documentary evidence currently before the inquiry.
Proceedings continue.
