Referred to as: Mr Vally · MR VALLY
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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."”
Ms Hassim asserts that the Commission is an investigative inquiry, not a trial, and that new evidence including an affidavit was only obtained late yesterday, preventing earlier disclosure to Mr Vally.
“this is a Commission of Inquiry ... The affidavit that was presented to the Commission this morning was only obtained yesterday, late yesterday. I could not have provided it to Mr Vally any sooner”
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.”
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 says, 'Inshallah, we get SAPS deal' on 29 July 2021, indicating an expectation to secure a contract with South African Police Service.
“29 July 2021 at 7.41 in the evening, Mr Vally says: 'Inshallah, we get SAPS deal.'”
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 20 August 2021, Mr Vally asks if their contact is all on track and if they will receive a good slice, implying a query about receiving benefits from the contract award.
“On the 20th of August, halfway down the page, Mr Vally asks: 'Bro, what did our man say ? Is all on track ? Will we win a good slice ?'”
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 states that SBD 6.1 was in fact filled in properly and argues they need to respond to the National Treasury's nit-picking.
“Mr Vally says: 'Bro, it seems they are nit-picking. We need to reply. 6.1 was filled in proper.'”
Mr Vally instructs trusted employee 'Gonnie' to draft a letter in response to the National Treasury query.
“Mr Vally says: 'Can I have Gonnie at the table tonight, bro? He will draft letter. Gonnie is very trustworthy and quiet.'”
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.”
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.'”
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 ...”
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?”
On 24 February 2022, a price increase application was needed and applied for across all regions for a tender.
“24 February, the exchange was needing to apply, already anticipating that we are going to need to apply for a price increase on the tender ... He says: “Bro, we applied and priced all regions, every region.””
On 7 March 2022, a contract was awarded to two bidders: All Part (Pty) Ltd and Kaizen MSD, the latter being Mr Vally's company.
“General Khan sends Mr Vally a copy of the Treasury letter recommending the appointment of Kaizen MSD ... the contract was in fact awarded, on the 7th of March 2022 ... two of those list of bidders that have been selected, awarded the contract. The first is All Part (Pty) Ltd, and the other is Kaizen MSD ... Kaizen MSD is Mr Vally's company.”
There was a conversation on 30 March 2022 involving Mr Vally and General Khan about a rumor regarding pulling a region from All Parts, a competing bidder in a tender process.
“from Mr Vally, it is dated 30th March 2022 and Mr Vally says: “Rumour ATM... they want to pull a region from All Parts. Can they give us?” All Parts is the other successful bidder and yes, he is hearing that they want to pull a region”
In April 2022, there were ongoing communications between General Khan and Mr Vally regarding processing delays in SAPS garage purchases due to Brigadier Jugerdeson being away and not signing off on orders for six weeks.
“We found out some info as to what the delay is on SAPS. Brigadier Jugerdeson has been away for six weeks and has not signed off on orders”
Mr Vally forwarded a message to General Khan on 1 May 2022 stating the meeting went badly and that SAPS wants a retender for all the missed parts, representing 70% of the volume, essentially buyouts.
“Meeting went badly. Meeting went S-H-I-T. They want a retender for all the parts they missed. Basically buyouts, which are 70 percent of the volume.”
General Khan and Mr Vally discuss an awarded contract to certain companies, and express concern and frustration over it.
“General Khan says to him no, or did not say no, he says: "This was awarded to the above companies." And then Mr Vally responds: "Oh, shit." And then General Khan replies, another disaster on the way and then Mr Vally says: "Yes, bro, they are effing it up."”
General Khan messages Mr Vally about getting backlash from market players on a tender related to Kaizen Motor Spares, and they plan a meeting to address it.
“General Khan sends a message to Mr Vally and the content of the message is as follows. "Grootman, I am getting lots of backlash from the market players on K. We need to regroup ASAP so that they give me info." Mr Vally replies: "Okay, bro, we can meet him."”
Mr Vally sends General Khan an email from Kaizen complaining to SAPS and Treasury about insufficient purchase orders, indicating contractual financial non-viability.
“Mr Vally sends General Khan a copy of an email from Kaizen to Ms Mkhwanazi, complaining to them, SAPS and Treasury, about not getting enough orders.”
Mr Vally and General Khan plan a meeting with Mr Fani on July 13, 2022 to discuss price increases and buyouts related to a tender.
“Mr Vally says: "Can bro push to meet F?" and mentions two points to discuss: "1. Price increases please. 2, buyouts please." General Khan replies: "Okay, bro."”
General Khana engaged in communications with Mr Vally about a tender contested by several unsuccessful bidders involving companies AHK, Keegan's Jamie, and DAR, indicating collusion or coordination among these three companies.
“Mr Vally sends General Khana screenshot of the Notice of Motion ... He says: 'Do you have the affidavits he is referring to?' ... Mr Vally says: 'No, bro.' ... General Khan says: 'What did AHK get awarded?' ... Mr Vally responds immediately to say: 'No, marf, it is Keegan's Jamie partnering with AHK and DAR. Those three are all taking this on.'”
Mr Vally from Kaizen treated General Khana as a person who could unlock access to tender opportunities and facilitated modifications to tender specifications via contacts including Mr Molefe Fani in procurement.
“Mr Vally from Kaizen treats General Khana as a person who can unlock access ... General Khana arranged meetings with a contact within procurement and obtained information from that contact. That contact is Mr Molefe Fani. Mr Vally requested General Khan to modify the tender specifications ... to assist in the modification of tender specs.”
General Khana received procurement information during a live process, passed it to Mr Vally, and the two shared information on purchase orders and buyouts, discussing stashing money and making sure it does not enter the system, with ongoing engagement after tender award to make contract work.
“General Khana receives information during the procurement process ... receives information and passes it on to Mr Vally. Mr Vally sharing information with General Khan on issues of purchase orders and buyouts and requesting assistance from General Khan. Mr Vally talks about him and General Khan stashing the money, getting a big slice, making sure it does not enter the system ... after the award ... continued engagement between the two on making the contract work.”
In December 2021, Mr. Sayed and others were sharing images related to a farm, confirmed by chats on 14 December 2021 and January 2021 involving General Khan and Mr. Vally.
“this is in December 2021, 14 December 2021, that these images are being shared and Mr Sayed says to him: “You on the farm, bru?” And he says: “Yes.” And then if you look at page 4962, oh sorry, sorry, sorry Commissioners, the order is a bit wrong, it is 5075.075. And this is January 2021. It is the chat with Mr Vally and he says in the second chat: “Your farm?” And General Khan says: “Gee.” Immediately before that exchange are a series of pictures of the farm.”
General Khan and Mr Vally discussed purchase and customization of BMW vehicles including M5 and M3 models in October 2020 and February 2021.
“General Khan says: “How is the new M5?” ... Mr Vally responds: “Amazing car, get this car bro.” ... General Khan says: “Price.” And Mr Vally says: “I paid for this 2.3 with carbon ceramics ..." ... On February 12th 2021, General Khan says to Mr Vally: "Bro, work out a special price on the V8 M3 for me."”
General Khan and Mr Vally discussed acquisition and readiness of BMW M3 and M5 model vehicles and related registration papers from August 2021 to February 2021.
“General Khan says: “I am not ready now. Got to replenish 10 bars stock in the four shops.” ... Mr Vally says: “M3 be 100 percent ready Jumapolished done. Latest.” ... General Khan and Mr Vally chat about M3 and M5 vehicles and collection details across various dates including August 2021 and February 2021.”
Mr Vally does not oppose the in-camera application but cannot extract instructions from his client at this stage.
“it is not because there is an intention to not oppose. It is simply because we are unable to extract instructions at this stage from our client”
Mr Vally in chat on 25 May 2021 says: "Because last time we did the honest thing and we got f'd" and "Bro, you must know I really appreciate what you are doing for me and I will honour your name and this deal till I die.", suggesting corrupt or improper dealing.
“Mr Vally says : “ Because last time we did the honest thing and we got f ’d . ” And chat number 3 : “ Bro , you must know I really appreciate what you are doing for me and I will honour your name and this deal till I die . ””
General Khan and Mr Vally arranged meetings via chat, including a meeting on 28 May and confirmations of meetings on 6 and 26 May 2021 involving discussing tender pricing and conditions.
“General Khan says on the 26th of May : “ Salam bro . Can we meet our guy on Friday at 14 : 00 ? ” And Mr Vally responds : “ Wasa lam , jee , blood . ” ... Commissioner Khumalo , where you were a moment ago on 8 May , where he says : “ Confirmed for 14 : 30 today , same place . ” And Mr Vally says : “ Thanks . ””
Mr Vally and General Khan discuss difficulties in pricing and warehouse contracts in chats dated 31 May and 1 June 2021, indicating ongoing unresolved issues and discussions involving tender pricing.
“On the 31st of May 2021 , half way down the page , Mr Vally says : “ Salams . I can not find RT 84 . Also looking for anything related to warehousing . I will keep on checking my bro . Okay , thanks . ” ... And on the 1st of June 2021 : “ Nothing on warehousing . Please , when you can , to message your man and also around SAPS pricing . ””
Chats between General Khan and Mr Vally indicate active efforts to strike deals relating to the tender conditions before the tender was advertised in late May 2021.
“... but the earlier chats between Mr Vally and General Khan talked about influencing the general conditions , so the document before the tender is issued . And then they kept saying , I will talk to my guy.”
On 4 June 2021, General Khan confirms meeting at 2 o'clock with 'our man', and ongoing coordination with Mr Vally is observed on page 5195, including concurrent discussions.
“General Khan says on the 4th of June 2021 : “ We are meeting our man at 2 . ” ... There is an exchange on 5195 . They are talking about two things at the same time . So General Khan says : “ We are meeting at 2 o 'clock . ” ... And then Mr Vally says : “ Jee blood that is perfect . ””
On 17 June 2021, Mr Vally says they will be ready with the file and pricing by 24 June, and General Khan confirms, discussing the urgency and need for another source of income related to the tender.
“On 17 June 2021 , page 5204 , Mr Vally says , on the third chat : “ We will be ready with the file by next week , 24th , and pricing . Insha Allah . ” And General Khan responds : “ Wasa lam , bru . Insha Aallah . ” And Mr Vally says : “ Ameen . ” ... On page 5205 : “ We need this , bro . It is bloody tight . ” And General Khan agrees with him : “ Everywhere is tight , bru . ” ... And the conversation goes on , and Mr Vally says : “ We need another source of income , bro . ””
A screenshot shared by Mr Vally to General Khan shows multiple tenders including a PPE tender for disinfection, sanitization and deep cleaning of municipal offices and warehouses, implying negotiations related to this tender apart from the main auto parts tender.
“It is a screenshot of more tenders and one of the tenders is a PPE tender ... For disinfection , sanitization , and deep cleaning of all municipal offices , warehouses ... He shares the screenshot with General Khan and says : “ Bro , dispensers we can do . And last one , we can do . And its says sensitization , but I think what he meant was sanitization . General Khan responds : “ Salams , bro , I will speak to Fani . ” And Mr Vally responds : “ Thank you . We are already doing small ... small sanitization monthly at SAPS . ””