EFF

General Khan is sending prepared draft questions via Mr Sayed to be put to the Inspector General in Parliament through the EFF, with the channel being to Mr Malema.

“General Khan is not dealing directly with Mr Malema, he is sending messages to Mr Sayed. But the channel is to Mr Malema”

General Khan used his relationship with an alleged tobacco smuggler to plant questions to the Inspector General through the EFF, aiming to trap the Inspector General in a lie to facilitate his removal.

“what he did was he used his relationship with an alleged tobacco smuggler to plant questions to the Inspector General through the EFF in the hope of trapping the Inspector General in a lie to Parliament”

General Khan used Mr Malema's position within the EFF to attempt to trick the Inspector General of Intelligence into lying as a basis for his removal.

“General Khan saw this as an opportunity to use Mr Malema's position within the EFF to attempt to trick the Inspector General into a lie that may provide a basis for having him removed”

Mr Matodzi stated in his plea explanation affidavit that he paid bribes of millions of rand to Mr Malema and Mr Floyd Shivambu in an attempt to buy political protection from the EFF regarding the VBS scandal.

“he stated in his plea explanation affidavit that in an attempt to buy protection, political protection, from the EFF for VBS, when enquiries were starting to be made in relation to VBS, in an attempt to buy political protection from the EFF, he had paid bribes of millions of rands to Mr Malema and to Mr Floyd Shivambu in the guise of making donations to the EFF.”

Bertobrite has already appeared in the press in relation to an allegedly corrupt tender procured in Tshwane by Mr Kganyago, who is linked to Bertobrite and is alleged to have paid 15 million to three companies linked to EFF leader Mr Malema.

“Bertobrite has already appeared in the press in relation to an allegedly corrupt tender that it procured in Tshwane on the basis of paying amounts to the EFF. ... It relates to Bertobrite, it relates to a tender in Tshwane by Mr Kganyago who is linked to Bertobrite and who is alleged to have paid 15 million to three companies linked to EFF leader, Mr Malema.”

There were allegations in the media in July 2021 that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.

“In July 2021, there were allegations in the media that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.”

Mr Malema freely states that Mr Mazzotti, CEO of Carnilinx, donated funds that helped register the EFF, and that his wife lived at a property leased from Mr Mazzotti, contrary to media claims that she stayed there for free.

“As an example, I voluntarily stated at the EFF 10th year celebration event... that Mr Mazzotti, who is the CEO of Carnilinx, donated funds that helped register the EFF. It is also a matter of public record that my wife used to reside at a property that is in the same complex precinct at Mr Mazzotti, under a lease agreement... I place underlining emphasis under lease agreement... in contrast to other media reports and claims that I stayed there gratuitously.”

The witness denies any Bertobrite bribery of the EFF.

“To the best of my knowledge, I deny any Bertobrite bribery of the EFF”

General Khan coordinated with Mr Malema through Mr Sayed to send questions to the Inspector General in Parliament via the Economic Freedom Fighters (EFF).

“General Khan has prepared, which he is going to essentially ask Mr Malema to arrange to be put to the Inspector General in Parliament through the EFF”

A letter on EFF letterhead was sent by Mr Sayed to the Minister of Police, Mr Bheki Cele, asking about his relationship with Timmy Marimuthu described as a druglord and about Crime Intelligence matters.

“Mr Sayed sends to General Khan a letter to the Minister of Police ... on the EFF letterhead ... addressed to Mr Bheki Cele, Minister of Police ... asks the questions about the Minister's relationship with Mr Timmy Marimuthu, who is described as druglord Timmy Marimuthu and Crime Intelligence matters.”

General Khan used his relationship with an alleged tobacco smuggler to plant questions to Inspector General Dintwe through the EFF, aiming to trap the Inspector General into lying to Parliament to justify his removal.

“he used his relationship with an alleged tobacco smuggler to plant questions to the Inspector General through the EFF in the hope of trapping the Inspector General in a lie to Parliament”

Mr Matodzi stated in his plea explanation affidavit that he paid bribes of millions of rands to Mr Malema and Mr Floyd Shivambu to buy political protection from the EFF to protect VBS when enquiries were starting.

“he had paid bribes of millions of rands to Mr Malema and to Mr Floyd Shivambu in the guise of making donations to the EFF”

Bertobrite's tender relates to a company allegedly linked to corrupt tenders paying amounts to companies linked to EFF leader Mr Malema.

“Bertobrite has already appeared in the press in relation to an allegedly corrupt tender that it procured in Tshwane on the basis of paying amounts to the EFF ... linked to Mr Malema”

There were media allegations in July 2021 that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.

“In July 021, there were allegations in the media that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.”

Mr Malema stated publicly that Mr Mazzotti, CEO of Carnilinx, donated funds that helped register the EFF, and also clarifies an under-lease agreement involving his wife and a property in the same precinct as Mr Mazzotti's.

“As an example, I voluntarily stated at the EFF 10th year celebration event, which was perhaps the most widely publicised EFF event, that Mr Mazzotti, who is the CEO of Carnilinx, donated funds that helped register the EFF. It is also a matter of public record that my wife used to reside at a property that is in the same complex precinct at Mr Mazzotti, under a lease agreement. I place underlining emphasis under lease agreement...”

Mr Malema denies any unlawful conduct or bribery related to Bertobrite or the EFF.

“I deny any inference of the contents of these paragraphs to the extent that they infer any unlawful conduct on my part. To the best of my knowledge, I deny any Bertobrite bribery of the EFF”

Some names were submitted to the Ad Hoc Committee for possible probe, including President Ramaphosa, Padayachee, Moodley, and others; the name of General Khan came from EFF's list of 18 people to be called as witnesses.

“We submitted names like President Ramaphosa, and the other names were Padayachee, Moodley, and the likes... the name General Khan was mentioned, I was busy on the other names mentioned by General Mkhwanazi... the list was submitted... the name General Khan comes from EFF, where they had a list of 18 people.”

Strong political pushback occurred from EFF led by Honourable Malema against calling Gamalakha Babau Khan (Mr Khan) as witness in the Ad Hoc Committee.

“There was an argument when it comes to igamalaka Babau Khan (the name of Mr Khan), where other political parties, strongly so EFF by Honourable Malema, pushes back saying there is no need to call igamalaka”

Cigarette smuggling involves an alleged General Khan linked to the EFF, with allegations around political and business relationships with Mohamed Sayed.

“It is the relationship between the alleged General Khan pertaining from the EFF ... and the guy called Sayed. So that story is all over most of the time when we speak in the corridors.”

Some committee members, including the EFF, sided with Honourable Malema to not allow General Khan to be called.

“On that day, Honourable Malema was the most vocal in not getting General Khan to come there. But the other parties sided with him, with the EFF, not with him as to say, with EFF, not allowing us to get Khan to come there.”

There were chats involving alleged companies from the EFF totaling 7, plus other companies from Nico to Victor totaling 7, and additional companies for land vehicles; Gubisi is not on any of these lists.

“in the second last chat, remember it is that list that allegedly came from the EFF and its seven companies... And then on 176, it is the one that you said was from Nico to Victor... And it is seven different companies, so in total 21. And Gubisi is not in any of those lists.”

Deputy Chief Dhlamini received a message on 1 March with a list of seven companies which Musian and Sipho, who falsely claimed to represent the EFF, wanted him to verify.

“It is not from the EFF . Two guys , as I indicated previously , Musian and Sipho , came to me claiming to be having these companies from the EFF .”

Musian and Sipho pretended to be bidding for the EFF as a means to get the assistance of Deputy Chief Dhlamini in getting tenders.

“They said they were bidding for the EFF .”

Musian and Sipho claimed to be from the CIC and bidding for the CIC Juj, but they were not really bidding for the EFF.

“They said they are from the CIC , the Sipho and Muzi claim to be , I mean bidding for the CIC Juj . ... Yes .”

The complainants claim that the CFO is implicated in attempting to rig the tender in favor of a list of companies allegedly connected to the EFF.

“They are suggesting to you that the CFO is implicated in an attempt to rig this tender in favour of a list of companies that are ostensibly EFF companies.”

Deputy Chief Dhlamini confirms the approach concerns name-dropping of both the CFO and the EFF in relation to the tender.

“They were doing two things, name-drop the name of the CFO, the EFF in this whole thing.”

Sergeant Nkosi informed Deputy Chief Dhlamini by phone call that there was no list from the EFF or from CIC.

“Sergeant Nkosi called me and informed me”

Sergeant Nkosi forwarded a message to Deputy Chief Dhlamini stating that he had a meeting with ACTOSA and EFF the previous day and was told to submit five bidders which he found insulting.

“Sergeant Nkosi forwards you a message that says: “Good morning. I had a meeting with ACTOSA and EFF yesterday. Telling me to submit 5 is an insult and did not sit well with me.””

Deputy Chief Dhlamini did not understand the message about the meeting with ACTOSA and EFF and asked Sergeant Nkosi for an explanation.

“He then called me and explained the message, what is it all about, because I did not understand where the meeting with ACTOSA and EFF in this regard.”

Deputy Chief Dhlamini said the message about the meeting with ACTOSA and EFF originated from the CFO or possibly the Deputy Mayor.

“He told me that it was a message that was sent to him from the CFO, I mean, I think he got it from the Deputy Mayor or something like that.”

Deputy Chief Dhlamini was unsure who attended the meeting with ACTOSA and EFF and confirmed Sergeant Nkosi did not explain who attended.

“I am not sure who had the meeting. He never explained that to me.”

Mr. Mnisi stated he did not mean 'we are managing Mr Malema' when he said so, explaining he does not know Mr Malema personally but only knows he is the President of the EFF.

“I did not mean we are managing Mr Malema at all. I do not know Mr Malema, I have never met him. I just know him to be the President of the EFF, firstly, Chair.”

Mr Mnisi did not have dealings with Mr Malema or the EFF regarding TMPD 1-2024/25.

“Did you have any other dealings with Mr Malema or the EFF in relation to TMPD 1-2024/25? No.”

Mr Mnisi denied having any dealings with the EFF related to the tender.

“You say you had no dealings with the EFF in relation to this tender ? No none whatsoever, SC”

Mr Mnisi forwarded a message to Sergeant Nkosi from the Deputy Executive Mayor Eugene Modise warning about people trying to influence the tender process related to Action SA and EFF.

“I forwarded this message from the Deputy Executive Mayor of the City ... Mr Eugene Modise ... the Deputy Mayor was telling me that to be careful, there are people who are trying to influence the process ... purporting to be from Action SA, EFF ... I shared with Sergeant Nkosi ... that this process ... people are so brazen ... trying to lure the Deputy Executive Mayor to interfere in procurement processes”

A meeting with ACTION SA and EFF was reported to have individuals from these groups attempting to assist in submitting names for companies to be favored, which displeased Mr Modise.

“So, in short, he was telling me that individuals, purported individuals from ACTION SA and EFF, wanted him to assist in submitting names for companies to be favoured. And that did not sit well with him.”

In a telephone call, Mr Modise said that the entities ACTIONSA and EFF were telling him to submit 5 names to be favored for the tender, which he found insulting.

“he was saying to you that these two entities, or one of them, was telling him to submit 5 names to be favoured for the tender, and he found it to be an insult”

On 21 March, the Deputy Mayor warned Mr Mnisi that Action SA and EFF had asked him to interfere with the tender by putting forward five companies.

“On 21 March, the Deputy Mayor told you that Action SA and EFF had asked him to interfere with the tender by putting forward five companies.”

Mr Mnisi raised the threat of interference from Action SA and EFF with compliance people as a concern.

“You at no stage raised the threat of interference from Action SA and EFF with the compliance people? - The answer to that is yes.”

Deputy Chief Dhlamini gave Sergeant Nkosi the names of two companies, Ngaphesheya and Elshaddai, and a list of seven other companies purportedly linked to the EFF that might get the tender, but denied leaking any confidential or sensitive information from the City, stating the information came from Mr Mathobela and was merely confirming preference for the two companies.

“I was literally confirming that the two companies would be preferred. It was a choice of words from Mr Mathobela to refer these companies as vehicles, which I adopted in relaying the message to Sergeant Nkosi.”

Deputy Chief Dhlamini expressed uncertainty whether Muzia and Sipho were from EFF as they were known to him from student movement and last known as ANC members; he was puzzled by their claim to represent EFF.

“I cannot tell whether they are EFF. I know them from student movement. The last time I know them, they were ANC members. So, I am not sure whether they moved or what. That is what puzzled me when they came to namedrop, I meant the EFF thing.”

Deputy Chief Dhlamini stated the people claiming to represent the EFF and wanting to pursue bids were unknown to the City political structures and that he did not engage with politicians in the City.

“They claim to be representing the EFF, those people, to say these are bidders that they want to pursue. But I know that within the city I do not engage with politicians and so forth. For reasons best known to me, so much as I was puzzled in that regard.”

Mr Mnisi referred to Mr Lekukela Imbungulu as managed in the context of the Tshwane governance and election scenario, suggesting Imbungulu would never win against them.

“Mr Mnisi is sending you a Whats App, which is a copy of an article which says: “Tshwane proves governance can thrive without the DA, says EFF's Malema.” And ... Mr Mnisi says: “I am okay, my brother. We are managing this guy, my brother. I just wanted to show you, Imbungulu will never win.””

Sergeant Nkosi explains General Dlamini sent him messages to forward to the CFO to verify companies supposedly representing the EFF, and asked Mr Mnisi to check with Mr Malema about the companies' authenticity.

“The General was sending me this message to send it to the CFO so that he must verify...”

Advocate Chaskalson asserts the list of companies was put forward by the EFF to General Dlamini who requested verification from Mr Mnisi with contact to Mr Malema to confirm representation.

“The EFF have put forward a list of seven companies to get this tender to General Dlamini and he wants Mr Mnisi to check that the people who claim to represent the EFF... should check that by contacting Mr Malema.”

Advocate Chaskalson summarises that General Dlamini gave two companies initially, then seven more companies supposedly from the Red Berets, that the CFO was to verify. The CFO then reported back about a meeting with Action SA and EFF where submitting five companies was considered an insult.

“General Dlamini gives you two companies who are the chosen vehicles for this tender... The CFO then says to you... I had a meeting with Action SA and EFF yesterday telling me to submit five is an insult and did not sit well with me.”

Sergeant Nkosi stated that Mr Sibande is not a member of the EFF but he saved Mr Zenzi as an EFF spokesperson in his chats, although he admitted this was wrong.

“Does Mr Sibande hold a position in the EFF ? ... No , no , no , he does not . ... He is always with the EFF. I can say he is a member of the EFF . ... I might have saved him as EFF spokesperson , but he is not an EFF spokesperson . Maybe the problem is how I save these people . ... I said he is a member of the EFF , but he is not a spokesperson of the EFF .”

Sergeant Nkosi admitted he wrote 'EFF spokesperson' in brackets after Mr Sibande's name in his chats without the proper justification and said he saved him wrongly that way.

“I might have saved him as EFF spokesperson , but he is not an EFF spokesperson . Maybe the problem is how I save these people ... I said maybe this is how I saved him . I saved him wrongly .”

Sergeant Nkosi said he saved Mr Sibande as an EFF spokesperson because in interactions, EFF topics always come from him, even though he is not a spokesperson.

“When we interact with him most of the time , EFF things always come out of , from his mouth . So I just , I decided to save him as EFF spokesperson .”

Sergeant Nkosi acknowledged that he used the descriptor 'EFF spokesperson' wrongly and that it took him a long time to clarify this because it was difficult for him to admit.

“It took forever for you to say you wrote EFF spokesperson because he always talks about the EFF , not that he is a spokesperson of it . It took forever for you to say that eventually . Why is that so ? ... I am sorry about that ... This is a very simple and innocuous issue . I do not understand why you should be cagey about it .”