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General Khan forwarded messages saying he just met relevant people and arranged for SMADA to meet them the next day to facilitate access to MTN.
“General Khan then just says the following, and this is, as we will see from the context, a forwarded message. He says: “Just met them. Smada can carry on and meet them tomorrow.” Mr Sayed says: “Excellent, bru.””
Smada's access to MTN was being facilitated through meetings arranged by Pilot and General Khan.
“He then said, and the he consider from there and this is important, because he then says: “Any news?””
General Khan reported to Mr Sayed that General Fani had said he met with SMADA, which is the corporate vehicle for General Khan and Mr Sayed, regarding the Cyberia contract.
“General Khan reported to Mr Sayed that General Fani had said that he had met with them and that Smada, what seems to be the corporate vehicle of General Khan and Mr Sayed for this Cyberia contract, would meet MTN the following day.”
Mr Sayed instructed to exclude clauses 3.3.5, 3.4 and 3.5 from a draft memorandum of understanding between SMADA and Cyberia.
“Mr Sayed says : 'FYI. Told them to exclude 3.3.5, 3.4 and 3.5.' Now, these are references to a draft memorandum of understanding between Smada and Cyberia.”
The draft MOU between SMADA and Cyberia is described as a thinly veiled kickback agreement to facilitate the process and access to the contract with Treasury.
“You will see ... that this really is a thinly veiled kickback agreement for facilitating this, facilitating this process and access to the contract with Treasury.”
SMADA forged close business relationships at high levels within the Government of South Africa and in the private sector to facilitate introductions and meetings for the implementation of the Rules Engine.
“Smada has forged close business relationships at the highest levels with the Government of the Republic of South Africa, as well as in the private sector ... to ensure full implementation of the Rules Engine.”
SMADA is entitled to fees based on payroll introduced and secured, which include interests of strategic partners contemplated in the MOU.
“Smada shall be entitled to the fee in respect of any specific payroll introduced and secured by Smada, it being recorded that the fee shall incorporate the interests of any and all strategic partners as contemplated in 3.3.2, as well as any replacements of such strategic local partners.”
Clause 3.3.5 of the MOU provides that the fee payable to SMADA, related to the activation of the Rules Engine contract, is to be shared with parties who assisted in achieving full implementation.
“With reference to the activation of the Rules Engine ... it is understood that the fee payable to Smada in terms of this MOU shall be shared with such parties who assisted in achieving full implementation in so far as applicable.”
Mr Sayed is concerned that SMADA should not have to share their fees with other parties who assisted in securing the deal.
“He is proposing it must be one third. It must not be shared with other. They should not have to from their fees then pay other parties who assisted.”
Mr Sayed shared with General Khan an email from MTN confirming SMADA has been registered as an MTN supplier.
“Mr Sayed shares with General Khan an email from MTN that records that Smada has been registered as an MTN supplier.”