General Khan

Mr Matlala states he has no relationship with Major General Khan, has never met him, had no interactions, and was never at any gatherings where he was present, and does not know him.

“I place on record that I do not have any relationship with Major General Khan. I have never met him and have had no interactions with him, nor have I been at any gatherings where he was present. It suffices to say that I do not know him.”

Mr Maluleke stayed at Mr Matlala's house after being robbed and was contacted to testify against General Khan, with Mr Mogotsi involved in requesting testimony in favour of Khan.

“Mr Maluleke, I know him. He was staying at my house. ... he already spoken to some guy, Mr Mogotsi, and Mr Mogotsi asked him to go there and then to testify, but I do not know what he was supposed to say in his testimony.”

Mr Maluleke told Mr Mogotsi he would testify in favour of General Khan but wanted a promotion and some money in return.

“I am going to testify in favour of General Khan, but I want you to speak to your people to give me a promotion and some money.”

Mr Maluleke was recorded during a meeting (arranged via Mogotsi) while asking for a promotion and money in exchange for favourable testimony.

“they even recorded him, I think, because he was asking for promotion and money.”

Mr Matlala was not himself required to testify at General Khan's disciplinary hearing.

“No, not myself, no, no, no.”

General Khan placed an advertisement for a position which was withdrawn and re-advertised externally to allow civilians to apply, but this does not constitute evidence of corruption in the docket.

“He says there that the initial advertisement, which was placed by General Khan, had been withdrawn and the post was then re-advertised externally to allow civilians to apply, but that still does not answer my question on what is the evidence in the docket ... of corruption against any of the accused? ... The withdrawal of that advert, I do not know what relevance the withdrawal has to the advert being done the second time around and being advertised internally and externally to allow civilians to apply, because there is nothing wrong in doing that.”

Chief Perumal had discussions with Major General Khan and obtained an unsigned provisional statement from Khan aimed at clarifying queries regarding the Lushaba incident, which was sent in an email to other investigators including prosecutors.

“Chief Perumal indicated in an email that he has had a discussion with Major General Khan … and obtained a provisional statement aimed at clarifying some of the queries I was raising regarding the Lushaba incident. The unsigned statement of Major General Khan was attached to Chief Perumal's email.”

The affidavit prepared for General Khan regarding the Lushaba incident was unsigned, not part of the docket, and was obtained long after the fact, raising concerns about its timing and value.

“The affidavit was never signed off. It is not part of the docket ... Why was it not obtained three years ago? Why is it done after the fact?”

Lushaba did not want General Khan, who was neutral and in charge of Counterintelligence at the time, to be involved or have knowledge of the incident.

“The essence of the affidavit is that Lushaba did not want General Khan, who was neutral and in charge of Counterintelligence at the time, to be involved or bear knowledge of the incident.”

General Khan made a statement related to the Lushaba incident in 2022, and obtaining a statement from him was discussed only in August 2025, which caused concern due to the delay.

“This is a 2022 incident ... General Khan says that during August 2022 ... obtaining a statement from him is being discussed in August 2025, end of August ... that is why you are concerned about time that has passed.”

Despite queries raised about the Lushaba incident, Advocate Serunye was not referring investigators to General Khan to obtain an affidavit; General Khan later sent an affidavit that did not help and was never signed off.

“I am querying a number of issues , but nothing about referring them to General Khan . And in his response to me , he came to the affidavit to say some of your queries can be answered by this . But I read it at the time . It was not helping ... it was never signed off and does not form part of the docket .”

There was corridor talk about sharing a docket by Advocate Johnson with General Khan before it was publicly known.

“You refer to the sharing of documents. Are you talking about what Mr Roelofse, Mr McClean and Witness O said about the sharing of a docket by Advocate Johnson with General Khan? ... Correct, but at that time, before the testimony, it was just corridor gossip.”

In her statement of 10 July 2026, Advocate Johnson downplayed her relationship with General Khan, describing it as solely professional and limited to stakeholder and SAPS meetings.

“A d v o c a t e J o h n s o n , i n y o u r s t a t e m e n t , y o u r t h i r d s t a t e m e n t , t h e s t a t e m e n t o f t h e 1 0 t h o f J u l y 2 0 2 6 ... y o u r r e s p o n s e w a s a f a i r l y t e r s e o n e , s t a t i n g t h a t y o u k n o w t h a t h e i s a G e n e r a l b a s e d a t C r i m e I n t e l l i g e n c e ... S o a c c o r d i n g t o y o u r s t a t e m e n t , y o u s i g n i f i c a n t l y p l a y e d d o w n t h a t r e l a t i o n s h i p .”

Advocate Johnson attended General Khan's 50th birthday party and shares a personal, close friendship with him beyond a purely professional working relationship.

“y o u a t t e n d e d G e n e r a l K h a n ' s 5 0 t h b i r t h d a y ... b e s i d e s t h e p r o f e s s i o n a l r e l a t i o n s h i p , y o u h a v e t h i s p e r s o n a l o n e .”

Advocate Johnson confirms that she considers General Khan a very good friend, but denies ever visiting his home or having him visit her home.

“I c o n s i d e r h i m a v e r y g o o d f r i e n d .”

Adv Johnson shared documents with General Khan regarding Brigadier Phetlhe's complaint docket, which was refreshed and confirmed upon reviewing witness statements and records.

“I had a recollection, as I explained in our consultation, that I had shared documents with her. It is when you showed it to me that I realised what it was that was shared. I just wanted to correct. I did not dispute what was shared.”

Adv Sello SC asserts that Adv Johnson shares a very close and personal relationship with General Khan, contradicting Adv Johnson's claims of a non-personal relationship.

“We have established that this is a very, very close and personal relationship. So I say you must know why and under what circumstances you shared that docket with General Khan.”

Witnesses gave strong evidence indicating that Adv Johnson shared an investigation docket implicating General Khan in an assault with General Khan.

“w i t n e s s e s h a v e g i v e n w h a t , o n t h e f a c e o f i t , a p p e a r s t o b e v e r y s t r o n g e v i d e n c e t h a t y o u d i d s h a r e t h e d o c k e t w i t h G e n e r a l K h a n .”

Mr Matling, Mr Roelofse, and Witness O testified that Adv Johnson shared a docket implicating General Khan in an assault with General Khan, after which General Khan prepared his own statement to the police.

“M r M a t l i n g [ ? ] t e s t i f i e d , s o d i d M r R o e l o f s e a n d W i t n e s s O , a n d a l l o f t h e m t e s t i f i e d o n m a t t e r s r e l a t i n g t o y o u r s h a r i n g o f t h e d o c k e t i m p l i c a t i n g G e n e r a l K h a n i n a n a s s a u l t w i t h G e n e r a l K h a n , p u r s u a n t t o w h i c h G e n e r a l K h a n t h e n p r e p a r e d h i s o w n s t a t e m e n t t o t h e p o l i c e .”

General Khan sent a message stating that 552 blocks of pure cocaine with an estimated street value of R20,000,000 were seized at business premises in Aeroton, whereas standard records reflect the seizure involved 541 kilograms.

“General Khan is sharing with you details about a bust he was involved in a tabusiness premises in Aeroton. Here is the date of the 9th of July. Second paragraph, we have dealt, we have had testimony regarding that bust. It involved, on record, the seizure of 541 kilograms of Cocaine. You might have heard about it, or perhaps not, but what I state to you is factually correct. I am interested in what General Khan says to you at midway the second paragraph, and he states that: “552 blocks of pure Cocaine were seized with a street value of approximately R20 000 000.” Why it strikes me is we have always known that Aeroton bust to involve 541 kilograms, and that General Khan was a part of that eventual seizure. I find it interesting that in a message to you, he has got a slightly different weight of 52 blocks.”

General Kadwa and General Khan would activate the DPP Office regarding organized crime matters so that resources could be allocated.

“the reason this message would have come is at the time in 2021, we were dealing with organised crime matters. And very often, even General Kadwa, for example, would activate us to say at the DPP Office there is such a matter, so that we looked out for the matter and we were able to allocate resources to them, but this is the message I received.”

In the Mokwele matter, affidavits were taken from General Khan based on documents found in his name, involving Mr Padayachee and Mr Perumal.

“They then found a document purporting to be in his name... Mr Padayachee and Mr Perumal engaged him ... to take an affidavit. And an affidavit was taken for that matter.”

The Chairperson critiques the vagueness of the allegations shared with General Khan and suggests the lack of specific details weakens the complaint.

“You had, in respect of that issue, the ability to say this is vague, it does not say when, it does not say by whom, it does not say, and you went on and on to demonstrate that it was vague. That same thought process by you ought to have applied here as well. The officer requests the Investigating Director to consider investigating the same but the letter says nothing.”

The witness continued to communicate with General Khan after March 2022 via WhatsApp and in person, but they did not socialize socially (no lunch, visits).

“So we would chat on WhatsApp or we would talk to one another if we saw one another, but we did not socialise in the words socialise. So we did not go to lunch, visit one another, etcetera”

The witness and her husband attended General Khan's 50th or 55th birthday party upon an invitation to the husband, but they did not greet the host and left early due to being busy; the witness denied attending after March 2022.

“My husband having been invited and I attended. We probably were the most ungracious guests because it was very busy. And as soon as we had had dinner, I said to my husband, can we leave? And we did not even greet the host. We had left, but we did attend it”

The allegation about disclosing a docket to General Khan relating to an ongoing criminal investigation against him is vague and unsupported by particulars and the witness does not recall disclosing any docket.

““The allegation referred to above is also vague and unsupported by particulars... Nor where the alleged disclosure took place, how the docket was allegedly disclosed… Your answers seem to suggest that you are not able to respond to paragraph 2.6 because you have not been given the details of the docket ... implying there may very well be more than one docket ... For me, you are talking about relationship and allegations that you disclosed to General Khan a SAPS docket relating to an ongoing criminal investigation ... I was seeking the details of this docket and who made the allegation... And it became – at the time, I did not recall disclosing a docket”

There is only one docket implicated regarding the alleged disclosure to General Khan, and the witness was not initially aware of disclosing such a docket; the witness's memory needed to be jogged later when evidence was presented.

“There is not more than one ... Yes ... And it became – at the time, I did not recall disclosing a docket ... When the evidence is presented and witnesses testify ... I am replying to this affidavit ... and it is only then I realise what is being referred to ... And hence the third affidavit that was then made”

The witness' attendance at the birthday party was by invitation to her husband and was not indicative of a personal social relationship with General Khan.

“he knew both my husband and I. Yes, he knew me as well”

Advocate Johnson denies knowledge of any Khan-IDAC cabal in SAPS or within IDAC and denies authorising, encouraging or benefiting from such unlawful associations.

“I have no knowledge of the existence of a Khan-IDAC cabal in SAPS. I also have no knowledge of a Khan-IDAC cabal within the IDAC. It follows that if such a cabal exists, I am not party to it. I have not authorised, encouraged, or facilitated its existence, nor have I benefited from any unlawful association involving General Khan, IDAC, SAPS officials, or any other person.”

Advocate Johnson knows Major General Khan from Crime Intelligence Head Office and had engaged with him in meetings prior to becoming Investigating Director in March 2022.

“I know Major General Khan, as a General based at Crime Intelligence Head Office. Before I became the Investigating Director in March, 2022, I engaged with him in meetings with other stakeholders, attended NAC joints or other SAPS meetings at which he was present and to which I had been invited by relevant Component Heads, Deputy National Commissioners or Divisional Commissioners.”

In late 2024, media reports emerged concerning General Khan's alleged involvement with persons linked to the Murray murders, causing concern to Advocate Johnson.

“In late 2024, media reports emerged concerning General Khan's alleged involvement with persons allegedly linked to the Murray murders. Those reports concerned me because I had previously met with one of the Murrays who wanted to know whether IDAC could assist with the investigation.”

Advocate Johnson later encountered General Khan at a public service workshop where he expressed concern about media reports implicating Khan in the Murray murders and stated that if evidence of criminality were brought to IDAC, it would be dealt with by law.

“I later encountered General Khan at a public service Commission or Department of Public Service and Administration Workshop. I asked to speak to him and told him that the media reports about his alleged involvement with persons linked to the Murray murders were concerning. I further stated that if evidence of criminality by him were brought to IDAC, it would be dealt with in accordance with the law.”

After that engagement, Advocate Johnson had very limited contact with General Khan and none for about a year and a half as of 2026, also stating that the serious allegation against him is vague and unsupported without particulars.

“After the engagement referred to above, I had very limited contact with General Khan and I have had no contact with him for approximately the past year and a half. The allegation referred to above is also vague and unsupported by particulars. No particulars have been provided as to whom made the allegations, which docket is implicated, when or where the alleged disclosure occurred, how the docket was allegedly disclosed, or what information was allegedly conveyed.”

Before becoming Investigating Director in March 2022, Advocate Johnson had a professional relationship with General Khan consisting of meetings and engagements with other stakeholders.

“Before I became the Investigating Director in March, I engaged with him in meetings with other stakeholders.”

Advocate Johnson had a personal relationship with General Khan outside professional meetings, engaging often on various issues not necessarily related to work, and they got on well.

“I had gotten to know him quite well. At a stage, we engaged often on all kinds of issues that did not necessarily relate to work. He was very affable and I got along with him. So I would talk to him as well outside of meetings. It was not confined to meetings.”

Advocate Johnson confirms that his relationship with General Khan changed after he became Investigating Director in March 2022 and that he continued to talk to him after March 2022.

“So if we are taking it from March 2022, I continue to talk to General Khan.”

Advocate Johnson says that the change in their relationship was linked to a painful engagement with Mr. Murray in 2024 concerning the Murray murders, after which he slowly started to withdraw from interactions with General Khan.

“It is only late in 2024 when this issue of Mr Murray arose, because Mr Murray came to see me personally. It had been a very painful engagement and it was then that I raised the issue with him and I slowly started to withdraw.”

The relationship between the witness and General Khan was adversely influenced by allegations made to the witness regarding Khan's alleged involvement by Mr Murray, which altered their relationship course.

“your relationship with General Khan was adversely influenced by the allegations made to you as regards his alleged involvement by Mr Murray. That is what altered the course of your relationship”

General Khan made contact indicating that detectives had allocated a new team to investigate, but no arrests have been made; Commissioner Khumalo followed up and engaged properly with General Khan.

“there was a time when he did make contact with me again to indicate that the detectives had allocated a new team. I am not sure if it ended up being to his satisfaction, as I am aware that there have not been arrests made on the matter. But I am aware, Commissioner Khumalo, that he did follow up that. And I am aware that they actually had a proper engagement with him”

Advocate Johnson denies knowledge of the existence of a 'Khan-IDAC cabal' within SAPS or IDAC and denies authorizing or facilitating any unlawful association involving General Khan.

“I have no knowledge of the existence of a Khan-IDAC cabal in SAPS. I also have no knowledge of a Khan-IDAC cabal within the IDAC. It follows that if such a cabal exists, I am not party to it. I have not authorised, encouraged, or facilitated its existence, nor have I benefited from any unlawful association involving General Khan, IDAC, SAPS officials, or any other person. To the extent that Mr Thulani Shongwe's evidence suggests otherwise, I deny that suggestion.”

Advocate Johnson describes his professional and personal relationship with Major General Khan began prior to March 2022 and involved meetings with stakeholders and social engagements.

“I knew Major General Khan, as a General based at Crime Intelligence Head Office. Before I became the Investigating Director in March, 2022, I engaged with him in meetings with others stakeholders, attended NAC joints or other SAPS meetings at which he was present and to which I had been invited by relevant Component Heads, Deputy National Commissioners or Divisional Commissioners.”

Advocate Johnson says media reports concerning General Khan's alleged involvement with persons linked to the Murray murders emerged in late 2024, causing concern due to a prior meeting with one of the Murrays who requested IDAC assistance.

“In late 2024, media reports emerged concerning General Khan's alleged involvement with persons allegedly linked to the Murray murders. Those reports concerned me because I had previously met with one of the Murrays who wanted to know whether IDAC could assist with the investigation.”

Advocate Johnson later encountered General Khan at a public service commission or department workshop and expressed his concerns about media reports linking Khan to persons associated with the Murray murders.

“I later encountered General Khan at a public service commission or Department of Public Service and Administration Workshop. I asked to speak to him and told him that the media reports about his alleged involvement with persons linked to the Murray murders were concerning.”

Advocate Johnson states that after this engagement, he had very limited contact with General Khan and no contact for approximately one and a half years, and describes the allegations regarding disclosure to Khan and SAPS as vague and unsupported.

“After the engagement referred to above, I had very limited contact with General Khan and I have had no contact with him for approximately the past year and a half. The allegation referred to above is also vague and unsupported by particulars. No particulars have been provided as to whom made the allegations, which docket is implicated, when or where the alleged disclosure occurred, how the docket was allegedly disclosed, or what information was allegedly conveyed.”

Advocate Johnson had a professional and personal relationship with Major General Khan before becoming Investigating Director in March 2022, including meetings on issues unrelated to work and a generally affable relationship.

“I had known, I had gotten to know him quite well. At a stage, we engaged often on all kinds of issues that did not necessarily relate to work. He was very affable and I got along with him. So I would talk to him as well outside of meetings. It was not confined to meetings.”

Advocate Johnson confirms having both a professional and personal relationship with General Khan.

“Yes, I did.”

Advocate Johnson continues to talk to General Khan after becoming Investigating Director in March 2022, but began to withdraw contact in late 2024 after meeting Mr Murray.

“So if we are taking it from March 2022, I continue to talk to General Khan. It is only late in 2024 when this issue of Mr Murray arose, because Mr Murray came to see me personally. It had been a very painful engagement and it was then that I raised the issue with him and I slowly started to withdraw.”

The witness's relationship with General Khan deteriorated due to allegations made regarding General Khan's involvement by Mr Murray.

“your relationship with General Khan was adversely influenced by the allegations made to you as regards his alleged involvement by Mr Murray”

General Khan was explicit about who he felt was involved in certain matters and made pertinent referrals.

“he was explicit about where he felt Mr Khan was involved and persons he was involved with. It is names I am prepared to write, but it is he made every pertinent referrals”

General Khan made contact again indicating that detectives had allocated a new investigative team, but no arrests have been made yet in that matter despite follow-up by Commissioner Khumalo.

“there was a time when he did make contact with me again to indicate that the detectives had allocated a new team... I am aware, Commissioner Khumalo, that he did follow up that. And I am aware that they actually had a proper engagement with him. I am not sure where that engagement is now, given there is no arrests in the matter”

The witness continued to talk to General Khan after March 2022 but they did not socialise in the sense of having non-work-related interactions such as lunch or visits.

“so we would chat on WhatsApp or we would talk to one another if we saw one another, but we did not socialise in the words socialise. So we did not go to lunch, visit one another, etcetera”

The witness and her husband attended General Khan's 50th or 55th birthday party, but they were busy and left early without greeting the host.

“most people who had been invited with their partners or spouses and we attended the birthday, attended the dinner. We probably were the most ungracious guests because it was very busy... We had left, but we did attend it. My husband having been invited and I attended”

The witness denies disclosing an SAPS docket relating to an ongoing criminal investigation against General Khan due to lack of particulars and details of the docket.

“The allegation referred to above is also vague and unsupported by particulars. No particulars have been provided as to whom made the allegation, which docket is implicated when nor where the alleged disclosure took place, how the docket was allegedly disclosed”

There is only one docket implicated in relation to the alleged disclosure to General Khan about ongoing investigations, and the witness did not recall disclosing this docket at the time.

“On a point of correction, there is not more than one... And it became - at the time, I did not recall disclosing a docket”

The witness only realized the reference to the docket in question after hearing evidence and testimonies related to an affidavit dated the 10th, which led to a third affidavit being made with more details about the disclosed docket.

“When the evidence is then presented and witnesses testify - I am replying to this affidavit on the 10th... it is only then I realise what is being referred to. And hence the third affidavit that was then made. Because I now have more details about the docket that has been alleged to have been disclosed”

Despite witness testimony regarding the docket disclosure, the witness states she either knows she did disclose or has never disclosed in her lifetime, indicating uncertainty.

“So the effect, some effect of that is had the witness not testified, you would still have not responded to the allegation that you handed a docket over. You would not recall... You either know you did or you have never in your entire life”

IDAC inserted itself into the panel process questioning why Khan was not put on the panel, why others were selected, and why IDAC's role in Crime Intelligence interviews was challenged.

“IDAC inserted itself in the panel process, and IDAC said, why was Khan not put in the panel? Why was so-and-so put in the panel and not General Khan? Why does IDAC have that difficulty? Why is IDAC's business who should or should not be in the panel that interviews at Crime Intelligence?”

General Khumalo questioned why IDAC involves itself in the constitution of Crime Intelligence interview panels when General Nkhuoa and General Sibiyat approve and are happy with the panel.

“Is that not for General Nkhuoa and General Sibiyat to say, I am not happy with this panel or I am happy with it? If they are happy with it and they approve it, what business is it of IDAC to say, we would have preferred Khan there and not that person? Why does IDAC involve itself in those things?”

IDAC takes the matter to court to seek warrants for arrest expressing dissatisfaction with the panel composition.

“Why does IDAC go to court and say to court, I want warrants of arrest issued because I am not happy that in that panel that General was there and General Khan was not there. Why is it business of IDAC?”

ADV Sello SC and others question the relevance and implications of General Khan not being part of the panel, suggesting it implies exclusion and possible punting regarding him.

“Of what relevance is the fact that General Khan was not part of that panel ?”

Colonel Padayachee denies that General Khan's exclusion from the panel implies criminality.

“You are talking about criminality, about General Khan or whatever, that he was not on the panel, so that is criminal . . . That is not the inference that he was not on the panel, so no it is not criminal”

Colonel Padayachee says there are nine provincial heads in Crime Intelligence and three Generals, any of whom could have been chosen for the panel, not specifically General Khan.

“We have nine provincial Heads in the country, Crime Intelligence. We have maybe three Generals at Crime Intelligence. Anyone of those nine plus the three at Head Office could have been chosen to sit on the panel, not specifically Khan”

Colonel Padayachee acknowledges Khan's name is mentioned but asserts other Provincial Heads including Khan were available for the panel.

“The fact that Khan's name is mentioned here, but it is also mentioned here that Provincial Head, CI, which included Khan, were available”

ADV Baloyi SC suggests the impression was created that the complaint in paragraph 12.5 is specifically about General Khan's exclusion from the interviewing panel, implying punishment for him.

“Taking issue in 12.5 is in fact about the exclusion of General Khan in particular from the panel, from the interviewing panel. That is the impression this paragraph creates . . . You were punting for him”

Colonel Padayachee states that General Khan's name now stands out in any mention due to the investigations around him and his activities.

“As of today and everything that is surrounding General Khan and his activities, his name will stand out now no matter where it gets mentioned.”

Advocate Baloyi disagrees with the notion that mentioning General Khan's name meant nothing at the time, implying suspicion specific to him.

“I do not accept that mentioning him here meant nothing. It is curious that it is him specifically that you mention.”

Colonel Padayachee acknowledges that mentioning General Khan's name now raises inferences and stands out in investigations.

“I acknowledge that inferences can be drawn for that.”

Colonel Padayachee asserts that a letter related to Major General Khan is incorrect because it does not properly contain General Khan's details where required and that Brigadier Ncube authored the letter but General Khan's name is incorrectly placed on it.

“what I am saying is what I am seeing that is wrong with this letter. And I am saying this is Brigadier Ncube, she did this letter, but you put General Khan's name here on the top, who is the senior officer that should have signed off at the bottom.”

Colonel Padayachee interviewed General Khan regarding technical support post matters as he was a member of Crime Intelligence at the time.

“It was for the letter and to interview him with regards to the technical support post because he has been there in Crime Intelligence and was there at that time.”

Colonel Padayachee confirms that his affidavit copies nearly word-for-word a complaint originally made by General Khan about the involvement of Major General Gabela in an interviewing panel that Khan was not part of although available.

“I have already known about the post. ... It is part of mine. ... So, with regard to General Khan... it is a flow from his. It is not that I did not know about it... It is a flow in it. ... It is his affidavit... it is part of mine. ... it is a flow from his...”

General Khan complained that he could not understand why Major General Gabela was invited by General Khumalo to be part of the interview panel when Khan himself was available.

“I also cannot understand why Khumalo invited Major General Gabela to form part of this interviewing panel as I was available.”

Colonel Padayachee states that Major General Khan was the only General at Crime Intelligence besides General Khumalo; the other General was not present or suspended at the time.

“I think Major General Khan was the only General at that time at Crime Intelligence beside General Khumalo. The other General that was available was not there. He was suspended or I am not sure, but there were just the two Generals there.”

Van Vuuren, who has 40 years experience and was the most suitable candidate, was overlooked and not shortlisted in a previous round that included General Khan, who was part of the panel previously.

“Van Vuuren that you say has 40 years' experience and could not, have not qualified for this position, was in fact overlooked, was not shortlisted in a previous round, which included General Khan ...”

General Khan was a member of the 2023 panel, and although he was not the one who nominated the interview panel, he failed to appoint a more competent and experienced senior officer from within Crime Intelligence.

“In the 2023 panel, General Khan was a member ... I believe that Khumalo did not nominate me ... I would have opted to appoint a more competent and experienced senior officer from within Crime Intelligence environment.”

During the interview, Colonel Padayachee had the file in front of him but did not provide the file to General Khan for him to view during the interview; despite this, General Khan was able to form a view about the file content.

“During the course of the interview, I had the file in front of me ... No, he was not provided the file ... For him to view the file, you must give it to him ... I had the file open and I was going through the file to ...”

It is improper and highly influencing the content of General Khan's witness statement to provide him the file to review for preparation in circumstances where criminal charges are intended against senior members within Crime Intelligence.

“You are influencing the content of his witness statement ... That witness is no longer talking the absolute truth ... That is improper ... Have you ever given any other witness this file to say these are the contents ... ?”

Colonel Padayachee admitted retrospectively that it was not proper for him to provide the file to General Khan during the interview while taking the affidavit.

“No, I do not think it was ... I am sitting there and I am interviewing him and I am listening to him and taking an affidavit and then referring to the file ... I cannot see the reason why you say that I would have done something wrong by showing him the file.”

Colonel Padayachee denies disclosing any investigation or SAPS docket information to Major General Khan regarding an ongoing criminal investigation against Khan.

“I have never disclosed any investigation or any docket to Major General Khan... The allegation that I disclosed the SAPS docket to General Khan relating to an investigation against him... I have a complete denial that I shared any information and docket with regards to him.”

Colonel Padayachee knew Major General Khan as a senior officer in Crime Intelligence but had no official working relationship with him during his time there, and he had reservations about Crime Intelligence senior officers.

“I know Major General Khan is a senior officer... I had strictly no official working relationship with him. I had my reservations during my time Crime Intelligence on senior officers there...”

Colonel Padayachee denies accessing SAPS dockets or disclosing any docket to General Khan relating to any ongoing criminal investigation.

“I do not work with SAPS dockets, neither do I have access to SAPS dockets. I deny that I disclosed any docket to General Khan relating to any ongoing criminal investigation against him.”

According to SAPS records, on 15 December 2021, the NPA informed the investigating officer that it would not prosecute the assault and intimidation case against General Khan, and on 13 January 2022, the docket was withdrawn.

“According to SAPS records , on 1 5 D e c e m b e r 2 0 2 1 , t h e N P A i n f o r m e d t h e i n v e s t i g a t i n g o f f i c e r t h a t i t w o u l d n o t p r o s e c u t e t h e a s s a u l t a n d i n t i m i d a t i o n c a s e a g a i n s t G e n e r a l K h a n a n d o n t h e 1 3 t h o f 1 0 J a n u a r y 2 0 2 2 , t h e d o c k e t h a s b e e n w i t h d r a w n .”

Advocate Batohi's conduct toward Advocate Johnson was similar to what Advocate Johnson had done for General Khan.

“In other words, Advocate Batohi is doing exactly the same as what Advocate Johnson did for General Khan. Colonel Roelofse, who told me that Advocate Johnson told him that she spoke to Mr Bateman before meeting him with Colonel Roelofse, and that told Barry Bateman not to worry.”

Advocate Johnson knowingly contravened her duties as a prosecutor by favouring General Khan, sending information to him to benefit from a complainant's statement and preparing his warning statement accordingly.

“Advocate Johnson clearly understood that what she did was a contravention of her duties as a prosecutor who must act without fear, favour and prejudice. In this instance she clearly intended to favour General Khan, so that he could have the benefit of the complainant's statement and the contents of the docket when he prepared his warning statement, which he submitted on the same day that Advocate Johnson sent the information to the Colonel.”

Advocate Johnson did not explain or justify forwarding the Colonel's affidavit to General Khan, stating only that she did not do anything wrong.

“she just said to me... 'I did not do anything wrong.'”

There was an issue between Khan and Petle mentioned in the affidavit that could only have come from the affidavit itself.

“there was an issue between Khan and Petle . That information could have only come from the affidavit itself”

On 31 January 2025, COL ROELOFSE retired from the South African Police Service and noted that they were unable to secure the appointment of a prosecutor to consider complaints against General Khan and Advocate Johnson, which he considered as defeating the ends of justice.

“On 31 January 2025 , I retired from the South African Police Service . At that stage , we were unable to secure the appointment of a prosecutor to consider both Brigadier Petle criminal complaint against General Khan and the allegations against Advocate Johnson of what I considered to be defeating the ends justice”

On 4 July 2018, Major General Khan asked Witness O to provide their personal email address to a female caller named Andrea on his phone, and then requested the content of an email to be given to General Khan and then deleted.

“On 4 July 2018, I was working in my office when Major General Khan ... handed me his cell phone and requested me to give my personal email address to the person he was speaking to on the cell phone. He said the person’s name is Andrea. ... The female caller asked for my private email address and told me that once I have given the contents of the email to General Khan, I must delete the email.”

Witness O obliged the request by giving their personal email address to the caller and printed out the email received from Andrea Johnson and gave it to General Khan in a white envelope.

“I gave her my email address. She told me that once I have given the contents of the email to General Khan, I must delete the email. I thought it was a strange request, but I obliged. ... I printed the email and gave it to him. I placed it in a white envelope.”

The attachments to the email were photographs of an A1 statement and an audio file related to a complaint against General Khan by Brigadier Phetlhe for assault and intimidation on 26 June 2018.

“The email file contained photos of the A1 statement of Brigadier Phetlhe, a female Crime Intelligence Officer who had made a criminal complaint against General Khan for an incident on 26 June 2018 at the Crime Intelligence office. She had accused General Khan of assault and intimidation. ... The audio file contained a recording of parts of the incident between General Khan and Brigadier Phetlhe.”

Ms Johnson was duped by General Khan and deliberately called witnesses and involved Bateman as an implicated person in the case.

“she is , as far as I am concerned , an implicated person . She did not deny that she was dupe by Khan”

No disciplinary action or prosecutor appointment occurred after the issues with Advocate Johnson and General Khan, despite expectations that action should have been taken.

“there was never a prosecutor appointed , and there was no disciplinary proceedings after that as well . I was not contacted by the NPA for disciplinary proceedings”

There was interference with an active investigation involving Advocate Johnson and General Khan.

“you unequivocally say there was interference with an active investigation”

Witness O assisted General Khan with drafting his statement in the alleged assault and intimidation matter and knows this because General Khan came to commission the statement to him, which he did.

“My colleague assisted General Khan with a draft of his statement in the alleged assault and intimidation matter. I know this because General Khan later came to me to commission the statement, which I did.”

Witness O handed General Khan the contents of Advocates Johnson's email and continued drafting the statement after that.

“I know that they continued drafting the statement after I handed General Khan the white envelope.”

Witness O commissioned the affidavits sometime after handing General Khan the white envelope, contradicting the statement that it was commissioned at 12:30.

“I also know that I commissioned the affidavits sometime after I handed General Khan the white envelope. I am aware that it is stated on General Khan's statement that it was commissioned at 12:30, but this is not correct.”

The document was modified at 13:33, indicating the statement was commissioned later than 12:30.

“I have looked at the properties information of the typed statement and I noticed that the document was modified at 13:33.”

Witness O confirmed the statement prepared by General Khan on 4 July 2018, but not with the strikeout at the bottom which appeared later.

“I confirm it is, but not with this strike out at the bottom here. I made a copy of this affidavit when I signed it, or when I commissioned it for myself.”

The date and time on the document were pre-typed when General Khan gave the statement to Witness O.

“The time and date was already pre-typed when General Khan gave me the statement.”

Witness O was very fearful to volunteer information given the environment at Crime Intelligence at the time and was aware that Advocate Johnson's husband, Colonel Junaid Johnson, worked at Crime Intelligence and had worked closely with General Khan.

“I was very fearful to volunteer information, especially given the environment at Crime Intelligence at the time. I was also aware that Advocate Johnson's husband, Colonel Junaid Johnson, worked at Crime Intelligence, and him and General Khan had worked closely together.”

General Khan was given the contents of the criminal complaint against him, even though he was not entitled to them as a suspect, and before submitting a warning statement.

“The Colonel had essentially disclosed to us that General Khan was given the contents of the criminal complaint against him, when he was not entitled to the contents of the docket, as the suspect, and importantly, before he submitted a warning statement as a suspect.”

General Khan's warning statement was prepared with the benefit of the evidence against him, which is concerning as the complainant and suspect worked at the same place with a senior-subordinate relationship.

“General Khan prepared this e-statement with the benefit of the evidence against him. This was particularly concerning in this case because the complainant and the suspect worked at the same place and the suspect was the complainant's senior and direct superior.”

The fact that the suspect had access to the contents of the docket prior to submitting his warning statement raised a huge red flag and was a very big concern due to the entitlement rules.

“To me that is a huge red flag and a very huge concern because you are not entitled to any statements at that point in time. You are entitled to what the charges ... but to come to the investigating officer with a prepared statement, warning statement, it seems to me that you had to have prior knowledge of your version of events based on the evidence that was given to you and on which you can base your affidavit.”

Mr Bateman received a WhatsApp message from a source on 3 July 2018 sending an audio clip regarding an incident between General Khan and Brigadier Petley involving assault and intimidation.

“Mr Bateman's message ... What is this about ? ... A n d h i s m e s s a g e i s : A General Khan and Brig Petley ... A n incident between them . He allegedly also assaulted her with a pen . Case was opened , assault and intimidation .”

General Khan handed his cellphone to a Colonel after informing her that the person on the phone was Advocate Andrea, who asked for a personal email address to send something for General Khan that he must receive and then delete.

“He then informed the Colonel that it is Andrea on the phone, and that . . . He then handed his phone to the Colonel. The Colonel was then requested by the lady on the phone to give a personal email address, and she will send something for General Khan that she must give to General Khan, and then she must delete the email, which she did.”

The audio recording captured a conversation between Brigadier Petle and Major General Khan where Khan insisted on being addressed as General and disciplined Petle for calling him Khan, questioning her about her whereabouts and time she started work on that morning.

“" Brig Petla: Open. Maj-Gen Khan: Morning. Brig Petla: Mmm. Maj-Gen Khan: How are you? Brig Petla: Good, yourself? Can you close the door? Maj-Gen Khan: No, I do not want to talk with the door closed. Brig Petla: Why? Maj-Gen Khan: I have got my reasons. ... Maj-Gen Khan: I am not your Khan, I am General. Do not address me as Khan. That is the last time you call me Khan. ... You call me General. You do not call me Khan. I am not your friend, I am your commander. Do not address me as Khan. Am I clear to you? ... Where were you this morning? ... I am here from 7.30. Why were you not at work? ... What time did you start work? ... The penis very powerful. You have lots of issues at the moment. You want me to add to them? Brigadier, you want me to add to your issues? I need to know where were you. I need answers from you. ... Have I been rude to you? Why are you rude to me? Do I call you Catherin? Lebo? I have never called you anything but Brigadier.”

Brigadier Petle was assaulted with a pen resulting in injuries including marks consistent with being poked by a pen as recorded in a J88 form, with injuries also noted on the chest.

“The general spoke about a pen. And if I look at the J 88 and what Brigadier Petle is saying, it is more about the pen. Because he was doing this. And the J 88 also speaks about injuries on the chest. It just shows that there is marks. Like if somebody press you with a pen, that is the type of injuries it shows on the J 88.”

Mr Ismail Vally communicates with General Khan about obtaining case numbers related to Hawks commercial crimes and coordinates about visits to police stations.

“On the 28th of September 2021, at the foot of 369, Mr Vally greets General Khan. ... "Can you see what a case is about if I get you a case number. Commercial crimes. Hawks." ... "Which police station?" ... "I went in bro. I will tell bro when I see you."”

General Khan has a tendency to show off to friends by sharing Crime Intelligence documents that reflect on his importance, which is probably inappropriate but not sinister.

“It seems that General Khan has a tendency to show off to friends by sharing Crime Intelligence documents that sort of reflect on his importance ... it is probably not appropriate ... it is not sinister”

General Khan shared an internal delegation document from December 2020 about his increased powers within Crime Intelligence with Mr Sayed and Mr Vally, who responded positively but informally.

“Major General Khan was, going back to December 020, when he was delegated increased powers within Crime Intelligence. He shared that document first with Mr Sayed ... and Mr Sayed responded: "Well done, my bru." ... And Mr Vally said: "This is great news."”

General Khan shared emails and messages related to important roles and invitations to police delegations with friends in a way that is not particularly egregious but possibly inappropriate.

“when he is invited as part of a police delegation .. he forwards that email to his friends ... These are not particularly egregious, they are possibly just not appropriate”

Mr Vally makes an abusive comment about the Hawks during a conversation with General Khan, who indicates willingness to assist if needed.

“Mr Vally responds with an abusive comment about the Hawks. General Khan says: "Do you need me to do anything?" Mr Vally says: "No Jazakallah blood. I will save you for a day when I really need you."”

On 15 April 2022, Mr Vally and General Khan discuss a person involved in a fraud position and plan to make a criminal complaint or charge disappear.

“At the top of 5488, this is on the 15th of April 2022, says: "Because in position of fraud PRP they are saying." General Khan says: "Salams bro. Did that person come home today?" ... General Khan says: "We just have to make it disappear now."”

On 27 May 2023, Mr Vally sends case numbers for Pretoria and East London to General Khan and discusses legal contacts relating to his mother’s case.

“On the 27th of May 2023, Mr Vally sends some case numbers. He says: "Morning bru. Mom." And he sends what looks like a case number for Pretoria and another case number for East London. ... General Khan says: "Waiting to see the boss to discuss Jazakallah. Salam big bro. The case in Pretoria Central to be heard in August. Old lady's case."”

General Khan appears to be assisting Mr Vally in sorting out problems with Mr Vally’s mother’s legal case in Pretoria in August 2023.

“General Khan is going to do something to sort out Mr Vally's mother's problems with this case that is in Pretoria. ... The case in Pretoria Central to be heard in August.”

On 11 June 2021, General Khan sends draft questions for the Inspector General of Intelligence relating to a convicted drug dealer and a close friend.

“On the 11th of June at message time: 51:47 General Khan sends to Mr Sayed draft questions for the Inspector General of Intelligence ... "Convicted drug dealer and member in the agent program ... claims to be close friends with you. Is this true? Do you take instructions from this person ... What gratification does the Inspector..."”

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 and Mr Sayed discussed using questions to make the Inspector General lie and then have him removed, calling the Inspector General 'Big P' and 'effed'.

“He is going to deny it and then he is effed. Bye bye P ... Big P.”

The primary purpose of General Khan raising issues in the messages was to trick the then Inspector General of Intelligence, Dr Dintwe, into lying so he could be removed from his position which exercised oversight over General Khan.

“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”

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”

A quid pro quo was taking place involving messages exchanged immediately before the Inspector General questions were formulated, including requests from Mr Sayed to General Khan ostensibly on behalf of Mr Malema regarding arresting persons threatening foreign nationals related to Operation Dudula.

“this process suggests that something of a quid pro quo was taking place if we look at the chronology... a message had been communicated by Mr Sayed to General Khan, ostensibly on behalf of Mr Malema and apparently asking for the arrest of persons making threats to foreign nationals on behalf of Operation Dudula”

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 Malema sends a complaint about a threat of lawless action by Operation Dudula on the 10th and calls for action, with General Khan following up the next day with a question for the Inspector General, appearing as a quid pro quo exchange.

“Mr Malema sends essentially a complaint about a threat of lawless action by Operation Dudula on the 10th and calls for action to be taken. Then next day, General Khan writes back with a question for the Inspector General. It has the appearance of a quid pro quo”

The use of a third party or conduit in the exchanges is problematic and particularly so if related to quid pro quo concerns involving General Khan and Mr Malema's communications.

“The use of the conduit is problematic in its own right and ... because there are further concerns about quid pro quo, where the use of the conduit becomes particularly problematic”

Mr Sayed belongs to a company that has engaged in fraudulent and corrupt activities historically, and is allegedly continuing such activities; thus he is not an appropriate person for General Khan to engage with on such matters regardless of personal relationship.

“Mr Sayed belongs to a company which on its own admission has been engaged in fraudulent and corrupt activity historically which is alleged to, and tax evasion, and which is alleged to be continuing to do that at the time that this is happening and he is not an appropriate person for General Khan to be engaging with in relation to matters of this nature whatever their personal relationship”

General Khan may have obtained sensitive information behind the questions by virtue of his position as an intelligence police officer and is potentially misusing such information inappropriately.

“General Khan may well have obtained the information behind these questions by virtue of his position... and then he is using that information inappropriately”

General Khan, Mr Marimuthu and the Inspector General had a meeting together, and the intent was not about Khan using his surveillance capacities to find something but rather hoping the Inspector General would lie when questioned in Parliament regarding Mr Marimuthu.

“What we have seen is a press report purporting to quote him on this issue, and what he says is that he and General Khan together had a meeting with Mr Marimuthu, in which event what this process would have been about is not about General Khan using his Crime Intelligence surveillance capacities to find something out about the Inspector General, but actually having had a meeting with the Inspector General and Mr Marimuthu, and hoping that because he was not present at the Joint Standing Committee on Intelligence when pushed in relation to an issue regarding Mr Marimuthu, the Inspector General would lie”

General Khan's participation in a meeting with the Inspector General and Mr Marimuthu, involving sensitive Crime Intelligence issues, was improper as such information should not be shared regardless of personal relationships or political affiliations.

“If General Khan was in this meeting with the Inspector General and Mr Marimuthu, those are Crime Intelligence issues that are sensitive. They are not to be shared with just anybody whether they are your friends or acquaintances... leave aside the political party”

Mr Sayed forwarded a request from Mr Malema on 15 June asking to know the complaint in case number Sandton 79/07/2019, which General Khan promptly responded to by accessing SAPS computerized database and sending a screenshot identifying the complainant as Mr Rooplal.

“Mr Sayed forwards a message: 'Need to know the complaint in case number Sandton case 79/07/2019'... General Khan responds very promptly... has gone on to the SAPS computerized database of cases, and he sends what looks like a photograph or a screenshot from that database which identifies who the complainant is in that case ... identifies the complainant as Mr Rooplal”

General Khan sent through not only Mr Rooplal's name but also his address, which was not asked for, in relation to the VBS Bank fraud case, which was an illegal favour in return for a favour suggesting political interference to protect Mr Malema.

“General Khan sends through not only Mr Rooplal’s name, which appears from the screen, but also his address, which was not even asked for...it has very much the appearance of a favour in return for a favour, an illegal favour in return for a favour.”

General Khan was facing disciplinary troubles at Crime Intelligence and tried to avoid involving Mr Malema at first but later involved him after the disciplinary difficulties story leaked to the press and Mr Malema expressed determination not to resign and to fight and emerge victorious.

“General Khan is in disciplinary trouble at Crime Intelligence. He tells Mr Sayed. Mr Sayed says, should I get Mr Malema involved? General Khan says initially no. A few days later, the story of his disciplinary difficulties is leaked to the press and sometime thereafter, Mr Malema gets involved and by 22 September, Mr Malema is saying, you will not ever resign, no matter what. This is a fight, and we will emerge victorious.”

There is an implication of a quid pro quo favour relationship between General Khan and Mr Malema related to the disciplinary issues and communication delays.

“What we see is another suggestion of a quid pro quo with Mr Malema in relation to this episode... General Khan asks Mr Sayed to hold off informing Mr Malema on the 30th of July. That seems to have changed after the disciplinary problems leaked to the media...”

A tender for fleet management services submitted by company Bertobrite to the state information technology agency SITA is linked to Mr Malema through intermediaries General Khan and Mr Sayed.

“Mr Sayed returns a message which relates to a tender for fleet management services submitted by a company called Bertobrite... to the state information technology agency SITA... Jujusent me. General Khan says what he needs here, what does he need. And Mr Sayed says, I think he wants us to do it. In other words, we infer, I think he wants us to do this tender for him.”

General Khan sought support from Mr Malema in his disciplinary matters through Mr Sayed, and Mr Malema communicated a wish that General Khan and Mr Sayed assist with the Bertobrite tender.

“General Khan appears to be looking for the support of Mr Malema in his disciplinary matters through Mr Sayed. And through Mr Sayed, Mr Malema is communicating a wish that General Khan and Mr Sayed will assist with the Bertobrite tender.”

In June 2021, General Khan and Mr Sayed conspired to orchestrate the removal of Dr Dintwe, then Inspector General of Intelligence.

“in June 2021, you, General Khan and Mr Sayed seemingly conspired to orchestrate the removal of the then Inspector General of Intelligence, Dr Dintwe.”

General Khan sought and obtained confidential information from Mr Sayed regarding a criminal case opened against him in Sandton relating to the VBS bank scandal involving bribes from the bank Chair.

“through Mr Sayed you sought and obtained confidential information from General Khan in relation to a criminal case that had been opened against you in Sandton. Specifically, you were provided with the name and physical address of the complainant in the matter, the case concerned the VBS bank scandal in which you are alleged to have received bribes from the Chair of the bank.”

Mr Sayed forwarded to General Khan details of Bertobrite, a company that bid for the SAPS fleet management tender, implying that it came from Mr Malema and that they wanted General Khan and Mr Sayed to do it.

“On 3 August 2021, Mr Sayed forwarded to General Khan details of the company Bertobrite that had bid for a tender for fleet management for SAPS. He stated that it came from Juju and said, I think he wants us to do it.”

Mr Sayed sent General Khan voice notes in September 2021 indicating that the disciplinary process was progressing and that Juju conveyed that General Khan would not resign and they would emerge victorious.

“On 5 September 2021, Mr Sayed sent General Khan a voice note in which he stated the following. ‘Juju called me now. He said that your things are coming along very, very nicely. It is moving along very rapidly, but just give him some time, but it is going to happen for sure.’ On 22 September 2021, Mr Sayed sent General Khan a message of support from Mr Malema in relation to his disciplinary proceedings. ‘I forgot to tell you that Juju called me, said you will not ever resign no matter what. This is a fight and we will emerge victorious.’”

Mr Malema has denied conspiracy and is not aware of chats between General Khan and Mr Sayed.

“Mr Malema has answered 1.1, and he denies a conspiracy. He says he is not aware of the chats between General Khan and Mr Sayed”

Mr Malema does not engage with certain parts of the notice (1.3, 1.4, 1.5, 1.6) which relate to conversations between Mr Sayed and General Khan about forwarding disciplinary notices and alleged voice notes and messages.

“he also does not engage with 1.3 ... He denies bribery by Bertobrite but does not engage with 1.4 any further. And he does not respond to 1.5 and 1.6, which deal with the voice note and message allegedly reproduced from him by Mr Sayed to General Khan”

General Khan has a tendency to share Crime Intelligence documents to friends to show off his importance, which is probably not appropriate.

“General Khan has a tendency to show off to friends by sharing Crime Intelligence documents that sort of reflect on his importance...it is probably not appropriate”

General Khan leaked internal delegation documents within Crime Intelligence which should not be shared with friends, although this activity is not considered sinister by counsel.

“It is probably not appropriate...internal delegation documents within Crime Intelligence ought to be shared with friends...It is really...not sinister”

Mr Sanjay Adjodia and Mr Ismail Vally are partners in a high-end vehicle workshop and were involved in sending case numbers without explanation to General Khan in chats relating to commercial crimes and the Hawks.

“Mr Sanjay Adjodia, who is saved as Sanjay Che 357 ... sends him a case number on the 12th of March 2021 with no explanation ... an exchange between Mr Vally, ... Mr Ismail Vally ... Mr Vally greets General Khan ... "Can you see what a case is about if I get you a case number. Commercial crimes. Hawks."”

Mr Vally communicates with General Khan about case numbers for commercial crimes involving the Hawks and makes an abusive comment about the Hawks.

“General Khan says: "Yes, bro." And Ismail Vally says: "Hawks called me now." ... Mr Vally responds with an abusive comment about the Hawks.”

General Khan agrees to do something to sort out Mr Vally's mother's legal case in Pretoria Central scheduled to be heard in August.

“The case in Pretoria Central to be heard in August. Old lady's case. ... The suggestion in this exchange is that General Khan is going to do something to sort out Mr Vally's mother's problems with this case that is in Pretoria.”

Mr Sayed was asked by Mr Malema to forward messages to General Khan indicating a person must be arrested that night.

“Mr Sayed is communicating that he has been asked by Mr Malema to forward the first five messages to General Khan ... He forwards: "Must I tell the General? Must be arrested tonight? Yes." ... Mr Sayed explains: "From Juju." ... A subsequent message says: "Okay, done."”

General Khan drafted questions for the Inspector General of Intelligence concerning a convicted drug dealer allegedly close to Mr Vally.

“General Khan sends to Mr Sayed draft questions for the Inspector General of Intelligence ... "Convicted drug dealer and member in the agent program ... claims to be close friends with you. Is this true? Do you take instructions from this person as he alleges he has a close relationship with you? What gratification does the Inspector ...”

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”

Mr Sayed sent questions to General Khan that were formulated to trap the Inspector General into lying about his relationship with convicted druglord Timmy Marimuthu, with a view to orchestrate his removal. The questions also mention the use of state intelligence resources to ensure Nkosazana Dlamini-Zuma's election as ANC President.

“These questions ... Do you have a relationship with convicted draglord Timmy Marimuthu ... Have you had any discussions with convicted druglord Timmy Marimuthu regarding the supposed deal made by former President Jacob Zuma and Major General Feroz Khan ... to ensure the election of Nkosazana Dlamini-Zuma as President of the ANC?”

General Khan explicitly stated that the purpose of the questions was to trap the Inspector General into lying so that Khan could then ask for his removal based on the lie.

“This should get him to lie and in return we can ask for his removal because he lied.”

Mr Sayed and General Khan exchanged messages agreeing that the Inspector General would deny the allegations and thus be 'effed' (removed).

“He is going to deny it and then he is effed. Bye bye P ... Big P.”

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”

The chats suggest a quid pro quo related to the exchange of messages between General Khan and Mr Malema regarding the arrest of persons making threats to foreign nationals on behalf of Operation Dudula.

“this process suggests that something of a quid pro quo was taking place if we look at the chronology ... there is a series of messages ... apparently asking for the arrest of persons making threats to foreign nationals on behalf of Operation Dudula”

General Khan and Mr Malema used their positions within the EFF and their relationship to attempt to trick Inspector General Dintwe into lying, potentially to have him removed from office.

“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”

General Khan may have obtained the information behind the questions to Inspector General Dintwe by virtue of his position and used it inappropriately.

“General Khan may well have obtained the information behind these questions by virtue of his position ... and then he is using that information inappropriately”

General Khan and Mr Marimuthu had a meeting with Inspector General Dintwe, aiming to have Dintwe lie regarding an issue connected to Mr Marimuthu, as Dintwe was not present at a relevant committee event.

“General Khan together had a meeting with Mr Marimuthu ... hoping that because he was not present at the Joint Standing Committee on Intelligence ... the Inspector General would lie”

The meeting involving General Khan, Inspector General Dintwe, and Mr Marimuthu concerned sensitive Crime Intelligence issues which should not have been shared with just anybody regardless of their relationships or profession.

“If General Khan was in this meeting with the Inspector General and Mr Marimuthu, those are Crime Intelligence issues that are sensitive. They are not to be shared with just anybody, whether they are your friends or acquaintances”

On 15 June, General Khan sent a draft question via Mr Sayed to Mr Malema related to the complaint in a Sandton case numbered 79/07/2019, including a screenshot from SAPS computerized case database identifying the complainant as Mr Rooplal.

“on the 15th ... General Khan has sent this draft question to the Inspector General, to Mr Malema through Mr Sayed ... Mr Sayed forwards a request from Mr Malema ... to know the complaint in case number Sandton case 79/07/2019 ... General Khan responds very promptly ... he has got onto the SAPS computerized database of cases ... he sends what looks like a photograph or a screenshot ... which identifies the complainant as Mr Rooplal”

General Khan sent Mr Roopal's name and address to an unspecified recipient, which was not authorised.

“General Khan sends through not only Mr Roopal’s name ... but also his address, which was not even asked for”

General Khan wanted Mr Malema to organise questions to the Inspector General, appearing as an illegal favour in return for a favour.

“happening when it did, in the midst of this exchange in relation to questions to the Inspector General, which General Khan wanted Mr Malema to organise, it has very much the appearance of a favour in return for a favour, an illegal favour in return for a favour”

General Khan forwarded to Mr Sayed a disciplinary notice addressed to him by the then Divisional Commissioner of Crime Intelligence, alleging Khan exceeded his authority and performed unauthorised acts under his delegation.

“General Khan forwards to Mr Sayed a disciplinary notice that has been addressed to him by the then Divisional Commissioner of Crime Intelligence ... actually exceeded his authority and performed acts that he was not entitled to do purportedly under that delegation”

Mr Sayed responded to General Khan asking if he managed to resolve the disciplinary issue and if he can send information to Juju, indicating no need to involve Mr Malema at that stage.

“Mr Sayed's response is at 228 and he says: 'Did you manage to sort it bru? Can I send to Juju?' And General Khan says: 'Please hold.' In other words, I do not need Mr Malema, I do not want Mr Malema to get involved at this stage”

General Khan sent to Mr Sayed a photograph of Mr Malema and Mr Sayed around a dinner table on 3 August after the story of disciplinary proceedings was leaked to the press on 2 August.

“General Khan sends to Mr Sayed a photograph and it is a photograph of Mr Malema and Mr Sayed around a dinner table ... on 3 August ... after the story of disciplinary proceedings or disciplinary action ... has now been leaked ... reported in the Afrikaans press ... on 2 August”

Mr Sayed sent General Khan Mr Malema's contact card on 26 August 2021, suggesting until then General Khan had no direct contact details of Mr Malema.

“On the 26th of August, at 6 3 5 6 , Mr Sayed sends General Khan a contact card for Mr Malema ... up to this point was not able to contact Mr Malema directly, but now General Khan has received Mr Malema's contact details from Mr Sayed”

Mr Sayed sent General Khan a voice note on 5 December 2021 reporting Juju called and things are progressing nicely and will happen for sure.

“On the 5th of December, Mr Sayed sends General Khan a voice note ... 'Juju called me now. He says that your things are coming along very, very nicely. It is moving along very rapidly. I will just give it some time, but it is going to happen for sure.'”

General Khan was in disciplinary trouble at Crime Intelligence and initially did not want Mr Malema involved; after news leaked to the media, Mr Malema got involved.

“General Khan is in disciplinary trouble at Crime Intelligence ... He tells Mr Sayed ... should I get Mr Malema involved? General Khan says initially no ... after the story is leaked to the press ... Mr Malema gets involved ... by 22 September, Mr Malema is saying 'you will never resign, no matter what... this is a fight, and we will emerge victorious'.”

On 2 August and 3 August 2021, General Khan forwarded to Mr Sayed a leaked news story on disciplinary proceedings and a photograph of Mr Malema and Mr Sayed, respectively.

“General Khan forwards to Mr Sayed a message which reproduces an article in Afrikaans which shows story of disciplinary proceedings has now been leaked ... on 2 August ... Then next day, on 3 August ... General Khan sends to Mr Sayed a photograph of Mr Malema and Mr Sayed.”

General Khan appears to have sought support from Mr Malema in his disciplinary matters through Mr Sayed, with Mr Malema communicating a wish that General Khan and Mr Sayed assist with the Bertobrite tender.

“General Khan appears to be looking for the support of Mr Malema in his disciplinary matters through Mr Sayed. And through Mr Sayed, Mr Malema is communicating a wish that General Khan and Mr Sayed will assist with the Bertobrite tender.”

Mr Malema, General Khan, and Mr Sayed seemingly conspired to orchestrate the removal of the then Inspector General of Intelligence, Dr Dintwe, in June 2021.

“That in June 2021, you, General Khan and Mr Sayed seemingly conspired to orchestrate the removal of the then Inspector General of Intelligence, Dr Dintwe.”

Mr Sayed sought and obtained confidential information from General Khan related to a criminal case opened against Mr Malema in Sandton concerning the VBS bank scandal involving alleged bribes.

“That through Mr Sayed you sought and obtained confidential information from General Khan in relation to a criminal case that had been opened against you in Sandton. Specifically, you were provided with the name and physical address of the complainant in the matter, the case concerned the VBS bank scandal in which you are alleged to have received bribes from the Chair of the bank.”

Mr Sayed forwarded details of company Bertobrite's bid for a fleet management tender for SAPS, stating it came from Mr Malema who wanted them to proceed with it.

“On 3 August 2021, Mr Sayed forwarded to General Khan details of the company Bertobrite that had bid for a tender for fleet management for SAPS. He stated that it came from Juju and said, I think he wants us to do it.”

Mr Sayed sent a voice note stating Juju called him and that things are progressing well and will happen for sure.

“On 5 September 2021, Mr Sayed sent General Khan a voice note in which he stated the following: ‘Juju called me now. He said that your things are coming along very, very nicely. It is moving along very rapidly, but just give him some time, but it is going to happen for sure.’”

On 22 September 2021, Mr Sayed sent General Khan a message of support from Mr Malema related to General Khan's disciplinary proceedings, including a claim that Juju said General Khan would never resign and the fight would end victoriously.

“On 22 September 2021, Mr Sayed sent General Khan a message of support from Mr Malema in relation to his disciplinary proceedings. ‘I forgot to tell you that Juju called me, said you will not ever resign no matter what. This is a fight and we will emerge victorious.’”

Mr Malema responded to the Judicial Commission of Inquiry notice addressing Mr Tshepo Nyatho's affidavit extracts which supposedly implicated Mr Malema via communications between General Khan and Mr Sayed, but could not confirm authenticity of those extracts.

“I have been invited to respond to averments contained in an extract of Mr Tshepo Nyatho's affidavit which supposedly implicate me. As a starting point, the evidence and material alleged to implicate me in Mr Nyatho's affidavit are largely purported extracts of communications between Major General Feroz Khan (General Khan) and Mr Mohammed Sayed (Mr Sayed). I evidently cannot confirm whether these extracts are a true record of their engagements or the authenticity of those extracts. Only they can. I do not understand the Commission to require me to so confirm. I simply record this point to note that my response will be curtailed to claims that are in my personal knowledge and relate to me.”

Mr Malema states that the evidence in the affidavit against him mainly consists of purported extracts of communications between General Khan and Mr Sayed, whose authenticity he cannot confirm and denies implication on that basis.

“The evidence and material alleged to implicate me in Mr Nyatho's affidavit are largely purported extracts of communications between Major General Feroz Khan (General Khan) and Mr Mohammed Sayed (Mr Sayed). I evidently cannot confirm whether these extracts are a true record of their engagements or the authenticity of those extracts. Only they can. I do not understand the Commission to require me to so confirm. I simply record this point to note that my response will be curtailed to claims that are in my personal knowledge and relate to me.”

Mr Malema denies knowledge of chats between General Khan and Mr Sayed.

“He says he is not aware of the chats between General Khan and Mr Sayed”

Lieutenant General Khan had a conversation with a Crime Intelligence officer from KwaZulu-Natal, referenced in a media article about Crime Intelligence.

“one of the chats that I raised in relation to General Khan's conversation with a Crime Intelligence officer from KZN”

Lieutenant General Khan responded to the Daily Maverick article saying the journalist is a good friend of Jacobs and Veary and stated that counter news must be activated on the journalist's report.

“response from General Khan was, this journalist is a good friend of Jacobs and Veary ... And then the officer replies: “It is clear as all articles are written by a single journalist, counter needs to be activated on this journo.””

The housebreaking incident occurred less than two months after a disturbing exchange, within a context of attacks on journalists, warranting investigation into whether General Khan or other officers took any steps afterward.

“It was less than two months between the exchange and then this event ... it warrants investigation also into whether General Khan or the other officer took any steps after the house breaking”

A senior Crime Intelligence officer informed another member that a journalist appears to favour particular senior police officers, including General Khan's superior Lieutenant General Peter Jacobs, and suggested a counter was needed against the journalist.

“you have a senior Crime Intelligence officer informing another member ... that a journalist appears to favour particular senior police officers ... that is Lieutenant General Peter Jacobs ... the response from the other member is ... we need to do a counter”

There is no evidence that General Khan said to prevent counter-actions against journalists or to stop the other officer from taking steps that may be inappropriate.

“there is no evidence that General Khan said no ... do not do that kind of thing, or trying to prevent him from taking any ... steps that maybe inappropriate”

The journalist believes her housebreak was linked to her writing about Crime Intelligence surveillance of journalists, but the affidavit does not confirm the break-in was due to chat conversations.

“this journalist believes that the break-in was linked to her writing stories about Crime Intelligence surveilling journalists ... she does not say that at all ... she was not aware of the conversation until recently”

There is no evidence General Khan knew about the housebreaking incident, and establishing whether he did is important before attributing any implications to him.

“if you want to make something of whether or not General Khan said anything ... you first have to establish that he would have known of the incident”

If General Khan were present to testify, the questions about his knowledge of the housebreaking would be addressed.

“If General Khan were here ... the first thing would be to establish what he knew around the incident”

Absence of objective facts prevents drawing conclusion or inference about General Khan's distancing himself from the housebreaking incident.

“In the absence of any objective facts to that point, then we would not be able to draw that conclusion or make that inference”

General Khan has not yet provided instructions to the commission and has been described as responsive but unable to converse with counsel.

“We are not yet favoured with instructions from General Khan ... he is responsive and there is signs of improvement, he is unable to converse with me”

The Commissioners and Chairperson are urged to postpone the matter until Ms Hassim confirms that all evidence and documents are in order, ensuring fairness especially given General Khan's current health issues.

“Ideally, Chairperson and Commissioners, this matter must be postponed until such time as Ms Hassim tells us that the house is in order, this is the bundle”

Mr Vally and his employee were involved in preparing and submitting bidding documents for a tender on autoparts via WhatsApp chats where he sent screenshots and communications to General Khan.

“Mr Vally says: “We will be ready with the file by next week, 24th, and pricing.”... a forwarded message from one of his employees, which he sends to General Khan... a screenshot of the cover of the file, which is the bidding documents ... tender documents that will be submitted by the company, Kaizen MSD, Kaizen Motor Spares.”

General Khan acknowledged receipt of the bid documents with a thumbs-up emoji in the original chats, but the emoji did not appear in the printouts of the bundles produced for the commission.

“Immediately below the screenshot of the front page is a response from General Khan with a thumbs up... the emojis did not print in the bundles... on the original, it is there.”

On 12 July 2021, Mr Vally sent messages to General Khan about checking the National Treasury website for publication of tender bidder lists and that no information was yet available; he considered visiting the bid department in person.

“Mr Vally says: “... still nothing on there, sir. I even tried calling from this morning as well, sir. No picking up the phones.”.. “I think maybe tomorrow I should take drive to the office and speak to the person that run the information bid department.””

On 26 July 2021, Mr Vally sent General Khan a list of the 23 bidders for the autoparts tender, including his own company Kaizen MSD at number 13 and competitor AHK Motorspares at number 2, which was a publicly published National Treasury document.

“Mr Vally sends General Khan a list of the bidders for the autoparts tender ... a list of 23 submissions ... Mr Vally's submission is at number 13, Kaizen MSD... At number 2, you will see AHK motor spares ... It is a National Treasury document, published publicly.”

General Khan commented negatively about competitor AHK Motorspares calling them greedy, while Mr Vally responded that AHK is dominating Cape.

“General Khan responds to this, saying: “Okay, he is greedy.” Mr Vally then replies: “He is killing it in Cape, bro.””

Mr Vally advises not to put the money back into the system, implying skimming or tax evasion, and General Khan agrees with the statement, indicating collusion.

“Mr Vally says: 'Then we stash that money, you and I. Do not put back into system.' And General Khan responds: 'I am not mad.' Mr Vally says: '100 percent, billed elsewhere.' General Khan replies: 'Definitely.'”

On 5 August 2021, General Khan was in communication about when Treasury would award a contract, indicating involvement in influencing procurement progress.

“On the 5th of August, at the top of the page, Mr Vally says: “How long do you think before Treasury awards?” General Khan responds: “I am with our friend now. I will ask.””

On 6 September 2021, Mr Vally sends General Khan a letter from the Acting Chief Director for Transversal Contracting with National Treasury citing missing documents required.

“On 6 September 2021, 5336, what you see on this page is that Mr Vally sends General Khan a letter from the acting Chief Director for Transversal Contracting with the National Treasury and what the letter says is that there are missing documents that they require them.”

Mr Vally and General Khan coordinate meetings and updates about bid adjudication from September to October 2021, indicating ongoing involvement in procurement process manipulation.

“From 8 September 2021 to 17 September 2021 and then to 28 September 2021 and up to 21 October 2021, messages between Mr Vally and General Khan discuss meetings to adjudicate bids and inquire about progress and slices.”

General Khan receives insider information from someone in Procurement, probably Mr Fani, about upcoming bid adjudication meetings.

“General Khan got this from somebody inside Procurement, probably Mr Fani, saying that they are now going to be adjudicating the bid.”

A chat on 16 November 2021 shows General Khan saying to Wslmbro that he is with their man who wanted to speak to him; the communications involve multiple devices and forms between General Khan and various individuals.

“So we are at page 5390 and its starts at the top of the page with General Khan saying on 16 November 2021: “Wslmbro, I am with our man. He wanted to speak to you.” Nothing further on this particular chat in relation to that. And I will just say, Chair, as I did on Friday, that there is more than one device that is used in the communications and there is more than one form of communication that takes place between General Khan and various individuals.”

The tender adjudication process involves discussions that may include persons within National Treasury, with information being passed that is not publicly available.

“The point I am making about it is that on the face of it, it suggests that someone else who is reporting, this person who is reporting, or who is forwarding this text, in fact has got another person that they are talking to, possibly in National Treasury, who is giving them this kind of information, because this does not look like publicly available information.”

General Khan is discussing tender logistics and progress with an insider in Treasury, linked to Mr Fani who was involved in preparation of tenders.

“What happens is that Mr Vally receives information, he then goes to General Khan and he says, you know, will bro ask your guy? Our guy, in fact. Oh no, your guy. ... I will show in the course of this text that at least one of the guys inside Treasury that they are talking to is Mr Fani.”

General Khan refers to competitor AKH (AHK) whom Mr Vally described as greedy.

“Mr Vally says, 'Do you know those guys, AKH?' ... General Khan said he is greedy.”

General Khan and Mr Vally are discussing a tender where one bidder claims they have won the contract; General Khan uses coded language acknowledging this.

“General Khan responds at 12.29 ... He says: 'Wslm. Balls.' And Mr Vally responds: '100 percent.' ... The next messages say: 'Love this, and especially that AHK ok e …' ... General Khan says: 'Big one.'”

On 22 November 2021, General Khan and Mr Vally discuss an imminent tender award with positive implications.

“On 22 November 2021 Mr Vally asks ... 'Will big bro see if they are going to award this month, please.' General Khan responds: 'Yes, bro.' Mr Vally says: 'And landed cost is mad.' General Khan says: 'That is going to give us a boost.' Mr Vally responds: 'Bro can make us solid.' General Khan responds: 'Inshallah.'”

General Khan is involved in the spare parts business and has several spare parts stores and two separate companies dealing in auto parts.

“This is the subject of the next chapter I will be dealing with, which is General Khan’s financial disclosures. He has several spare parts stores. ... And two separate companies that deal in auto parts.”

General Khan is not a formal shareholder or director in Kaizen MSD, the auto parts business linked to the tender discussed, nor a partner in the bidding business.

“He is not a formal shareholder in Kaizen MSD or a director or anything like that, no.”

General Khan is considered a beneficiary of a company, but not directly as a member; rather, indirectly through other means.

“General Khan being one of the beneficiaries ... But the beneficiary is not going to be a - it is not straightforward. It is not you are a member of the company.”

Between November 2021 and February 2022 there were ongoing WhatsApp chats discussing a tender related to RT45 auto parts, including pricing and meeting arrangements involving General Khan and Mr Vally.

“Mr Vally asks, halfway down the page, he says: “Will bro trouble your man? See how we looking?” General Khan responds... 'Please see what your man says about progress on big one' ... I interpret to mean the RT45 auto parts tender ...”

General Khan said some provinces (Eastern Cape, Limpopo, and Northern Cape) did not submit prices in a transversal tender for SAPS, intending to rectify it later by finding ways to increase prices.

“General Khan at the top of the page says: “Eastern Cape, Limpopo, and Northern Cape prices were not submitted. We should have.” ... “We were too cheap, but we must find a way to upprice later.””

Mr Vally and General Khan repeatedly asked about the progress of the tender award and discussed applying for price increases due to delays.

“Mr Vally says immediately: “We must apply for price increase as soon as we get tender, because it has been delayed too long.” ... keeps asking about when is the award, have there been any news?”

General Khan has an interest in how the tender is evaluated and appears to have information that only an insider would have.

“This communication from General Khan suggests that he does have an interest in how this tender is evaluated ... there is information that you could only have if you were talking to somebody inside.”