Mr Sayed

Mr Sayed sends case numbers ostensibly on behalf of Mr Malema and requests information about complainants in those cases via WhatsApp chats.

“At page 5990, we see a case number being sent by Mr Sayed, ostensibly on behalf of Mr Malema. ... At 15th of June 2021 Mr Sayed says: "Need to know the complainant in case number..."”

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 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.”

Mr Sayed corrected the spelling error 'draglord' to 'druglord' and confirmed Mr Malema's involvement in the question formulation about Timmy Marimuthu.

“Mr Sayed had already responded to Mr Malema and said druglord, not drag ... The whole DR ...”

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”

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”

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”

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 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.”

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”

Mr Sayed forwards to General Khan five messages from Mr Malema that suggest a xenophobic protest threat on June 16, 2021, warning illegal foreign nationals to leave before that date.

“Mr Sayed forwards to General Khan six messages which he says come from Mr Malema ... the first one was a photograph of a person deleted ... the second was a picture of an Operation Dudula poster, threatening to remove all illegal foreign nationals by force and calling for a meeting on June 16 2021 with the threat "If you are operating illegally, you better pack and leave before 16 June."”

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 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?”

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”

Mr Sayed belongs to a company with a history of fraudulent, corrupt, and tax-evasion activity, making him an inappropriate person for General Khan to engage with regarding these 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 ... and tax evasion ... he is not an appropriate person for General Khan to be engaging with in relation to matters of this nature”

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 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.'”

On 22 September, Mr Sayed sends a message relaying Mr Malema said he will never resign no matter what, framing the situation as a fight they will emerge victorious.

“On the 22nd of September ... Mr Sayed sends another message from Mr Malema ... 'Said that you will not ever resign, no matter what. This is a fight, and we will emerge victorious.'”

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.”

Mr Sayed sent a message relating to a tender for fleet management services submitted by Bertobrite to the state IT agency SITA, apparently for Juju's request.

“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 ... 'Juju sent me ... what does he need here, what does he need? And Mr Sayed says, I think he wants us to do it.'”

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”

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 Sayed discussed shops in Vosloorus and Boksburg in June and December 2021.

“General Khan replies: “Vosloorus.” ... The date is June 2021 ... General Khan sends another picture of a shop to Mr Sayed in December 2021 ... beneath it is a message from Mr Sayed: “Which shop bru?” He says: “Boksburg bru.” General Khan replies: “Boksburg bru, our first shop.””

General Khan shares images of various Magic Moto Spares stores and vehicles with Mr Sayed in chats between May and June 2021.

“where General Khan sends a picture of Magic Moto Spares, another one of his shops and Mr Sayed responds: 'My man.' And General Khan replies: 'Graafing today.' ... 19 June 2021 ... General Khan sends several images of his Moto Spares business ... General Khan says: 'Kaalfontein Ivory Park.'”

Mr Sayed sends General Khan a picture of a 911 Turbo Porsche on which they reminisce about Khan's old car in chats dated around 2021.

“Mr Sayed sends General Khan a picture of a 911 Turbo Porsche and on 1118 he says: 'Remember your old car, bru.' And General Khan says: 'The identical one, bro. I still remember it clearly.'”

Mr Sayed sent video footage of Mr Pretorius next to an unmarked car with blue lights to General Khan, which suggests collusion in illicit activities.

“it is in the chats between Mr Sayed and General Khan and it is a video that Mr Sayed sends to Mr Khan, which we will display, because it is a video that he sends of Mr Pretorius next to an unmarked car with blue lights”

General Khan arranged for Mr Pretorius to work for Mr Sayed to conduct raids on Carnilinx competitors in the illegal tobacco industry.

“the chats suggest that General Khan arranged for Mr Pretorius to work for Mr Sayed, where he would conduct raids on the competitors of Carnilinx in the illegal tobacco industry”

Mr Sayed instructed General Khan to handle the potential resignation of Shaheen discreetly and to place him for other reasons.

“Mr Sayed says to General Khan: “Bru, won't Shaheen get upset that W … is resigning? Will you please handle it for me when the time comes and tell him that you placed him by me for other reasons.” And General Khan responds: “I discussed it with Wiandre, we have a plan.””

Mr Sayed asks General Khan to target competitor Protobac's cigarette factories for raids at Old Union Cotton Mills, East London.

“Mr Sayed says: “Protobac factories in Old Union Cotton Mills factory, East London. They will know. Can't get it wrong.””

Mr Sayed sends SAPS tweet recording a successful raid at Protobac factory, showing details of seized goods including large quantities of raw tobacco and cut rag.

“Mr Sayed sends to General Khan a SAPS tweet recording a successful raid at the Protobac factory ... particulars of the goods detained ... "152 x 200 kg boxes of raw tobacco; 1127 x 200 kg of cut rag."”

Mr Sayed complains of discrepancy between quantities seized and actual output; states Protobac to be fined R120 million for tax evasion and is particularly targeted along with competitor Gold Leaf Tobacco.

“There is a discrepancy between what is reflected as having been seized and the output ... Protobac is looking at under entries and penalties of 120 bar ... they are going to be fined R120 million for tax evasion ... Protobac is not the only competitor targeted... Gold Leaf Tobacco ... several chats where Mr Sayed and General Khan exchange information about raids on Gold Leaf... seizure of Remington.”

General Khan forwards SAPS report on Customs and Excise Act operation against Remington Gold to Mr Sayed on 20 April 2021.

“General Khan forwards to Mr Sayed a SAPS report on Customs and Excise Act, Tobacco Control Products Act operation against Remington Gold”

Mr Sayed enquires about possible interception of trucks at border posts for illicit tobacco smuggling.

“Mr Sayed says: “Do you have anyone at Komatiepoort...that can check if they intercepted the truck for us.””

Mr Sayed reports interception of truck in Bela Bela and that another truck was caught on other side of border; Gold Leaf trucks flagged for interception.

“The one I sent to Hog was intercepted in Bela Bela... The other truck was caught to the other side of the border... We flagged about 15 trucks of GL (Gold Leaf)”

Mr Sayed forwards to General Khan a post from Yusuf Abramjee criticizing scale of tax evasion and law enforcement failure enabling illicit tobacco industry looting.

“Mr Sayed forwards to General Khan a post from Mr Abramjee, which is taking issue with the scale of tax evasion and tax criminality in the illicit tobacco industry... Yusufu Abramjee, founder of Tax Justice South Africa, warns criminals are allowed to loot the nation of billions of rands.”

General Khan, responsible for investigating illegal tobacco, agreed with an executive of Carnilinx that brands are being sold below the minimum collectible tax rate, implying tax evasion, and suggested the person raising objections should be 'effed up' and 'stay in his lane'.

“A General in Crime Intelligence whose job it is to investigate the illegal tobacco industry agreeing with the executive of a company whose brands ... are being sold below the minimum collectible tax rate ... that the person raising objections to this state of affairs needs to get effed up and must stay in his lane.”

There is an apparent alliance between General Khan and Carnilinx, through Mr Sayed, with cooperation in raiding competitors' illegal tobacco and resisting Tax Justice South Africa's campaign to crack down on tax evasion in illicit tobacco.

“UNATTRIBUTED”

General Khan and Mr Sayed exchanged messages indicating they can easily 'sort out' the explosive report on tax evasion and criminal activity in the tobacco sector, implying potential suppression or intimidation.

“The response of Mr Sayed is: 'This P is asking for it, bro.' And General Khan says: 'We can sort it out easily.'”

There are serious allegations against Mr Sayed, a director of Carnilinx, but there have been no proven criminal cases and charges against him; the Commission can rely on these allegations in its inquiry context.

“And it is not just about Carnilinx as an entity, it is about Mr Sayed, who is a director of Carnilinx. So it relates both to findings against Carnilinx of illegal tobacco trading, not based on media reports, and I will go to Mr Mazzotti's own affidavit to bear out that submission. But also, our evidence is based on Mr Mo Sayed's alleged conduct and at no point have we ever said that there are proven criminal cases and charges against Mr Sayed, but there are very serious allegations and in the context of a Commission of Inquiry, we are entitled to rely on that and to consider that in the course of the investigation of the Commission.”

The amount in dispute raised by SARS against Carnilinx and its directors including Mr Mazzotti, Mr Phillips, and Mr Sayed is about 31.5 million, but the settlement agreement was concluded on a basis of 5 million and some.

“the amount in dispute means the debt raised by SARS against Carnilinx, the company of which Mr Mazzotti, Mr Phillips, and Mr Sayed are directors, so it is against the company as well as Phillips and Mazzotti in their personal capacities. The amount in dispute is about 31.5 million, but the settlement agreement concluded on basis of 5 million and some.”

Mr Sayed requested help to get a contract to supply SAPS with masks bearing SAPS logo in January 2021, during the time of Covid when there was a flurry of tender activity for protective equipment.

“Mr Sayed saying: 'Who can I speak to, to get contract to supply SAPS with masks, with SAPS logo. I am making upstairs, need to sell.' The response from General Khan, I do not think I mentioned the date, this is 12 January 2021 and it is at 0:56 in the morning.”

Mr Sayed sent General Khan PPE price lists and samples in early 2021 arranged via WhatsApp chats.

“Mr Sayed sends General Khan the PPE price lists”

General Khan said he obtained the samples physically as distinct from the price lists sent digitally.

“General Khan says: 'Salams bro, I got the samples.' ... He is reporting that he received the samples.”

Mr Sayed requested General Khan to check SAPS procurement system for masks and inquire if General Khan was on the Central Supplier Database (CSD) in May 2021.

“Sayed says: 'Bru, let me know what the procurement for SAPS say for the masks.' ... General Khan responds: 'Are you on CSD?' ... This takes place in May 2021.”

On 4 June 2021, Mr Sayed asked General Khan to sell some masks; General Khan agreed to speak to 'them' the next day, though it is unclear who 'them' refers to.

“Mr Sayed says to General Khan: 'Let us sell some masks, please.' General Khan replies: 'Okay, bro, I will speak to them tomorrow.'”

Mr Sayed requested General Khan to find out under what name transversal contracts were saved, referring to General Fani Molefe, employed at National Treasury in a senior procurement position at the time.

“Mr Sayed asks: 'Bro, please ask Fani what name was the transversal contracts saved under?' ... He was employed in National Treasury in a senior procurement position.”

In July 2021 Mr Sayed sent a voice note to General Khan asking how many test kits were being ordered for government departments for PPE distribution approved involving Carnilinx Industries, with stock samples approved by SAHPRA.

“Mr Sayed sends a voice note to General Khan in which he asks how many test kits he was looking for, at ordering for different government departments for PPE. ... approval to get distributed through Carnilinx Industries,... samples have been approved by SAHPRA.”

A voice note from 7 July 2021 has Mr Sayed asking General Khan (Major General Khan) to check with 'Pilot' (code for General Fani Molefe) how many test kits are being ordered for different government departments for PPE distribution.

“Mr Sayed sends a voice note to General Khan, in which he asks General Khan to check how many test kits he was looking for, ordering for different government departments. ... 'Pilot' is the codename they use for Molefe Fani.”

Mr Sayed says to General Khan 'We will discuss the PPE with Pilot without Josie', indicating that a person named Josie is excluded from these discussions.

“Mr Sayed says to Major General Khan: 'We will discuss the PPE with Pilot without Josie.'”

Mr. Sayed has approval from SAHPRA for Carnilinx to do the deal and for the related products.

“T h e o t h e r p o i n t t h a t w a s m e n t i o n e d b y M r S a y e d i n t h a t v o i c e n o t e w a s t h a t h e h a s g o t a p p r o v a l f o r C a r n i l i n x t o d o t h i s a n d a l s o t h a t h e h a s g o t a p p r o v a l f r o m S A H P R A f o r t h e s e p r o d u c t s”

Mr. Sayed has done his part in the compliance process including obtaining approvals from SAHPRA and is waiting for further action to continue the contract, which General Khan should assist with.

“he s a y s : “ T h a t i s t h e a c k n o w l e d g e m e n t l e t t e r , I h a v e d o n e m y p a r t n o w , w a i t i n g f o r t h e i r p r o c e s s e s . ” S o w h a t h e i s s a y i n g i s , t h e r e q u i s i t e s , l i c e n c i n g a n d c o m p l i a n c e p r o c e s s e s a r e b e i n g f o l l o w e d b y h i m a n d t h a t K a h n s h o u l d c o n t i n u e t o a s s i s t h i m w i t h t h e c o n t r a c t”

General Khan provided Mr. Sayed with internal SAPS information on the required number of disposable face masks per province, which could benefit a bidder.

“G e n e r a l K a h n s e n d s t o M r S a y e d ... a p i c t u r e o f a s c r e e n d e t a i l i n g t h e n u m b e r o f m a s k s r e q u i r e d b y d i f f e r e n t s e c t i o n s o f t h e S A P S ... i t w o u l d n o t h a v e b e e n i n f o r m a t i o n t h a t w a s p u b l i c l y a v a i l a b l e ... I t i s i n t e r n a l S A P S i n f o r m a t i o n t h a t w o u l d b e n e f i t a b i d d e r”

Mr. Sayed was pressing General Khan to move quickly with the PPE contract during the COVID season in August 2021.

“...M r S a y e d i s p r e s s i n g G e n e r a l K h a n t o m o v e q u i c k l y w i t h t h e c o n t r a c t . I t i s s o r t o f t h e C O V I D s e a s o n ...”

There was ongoing pressure applied by Mr Sayed to secure procurement orders for masks through General Khan's facilitation and contacts within the government, including Treasury and SAPS officials.

“Mr Sayed says, at 3.39 on the 4th of August: “Please push Gen 1 and P, bru K.” General Khan responds: “Pilot is back tomorrow. I am going to see him.” He says, he complains, it is another week gone by, he is getting quite despairing at this point... Mr Sayed says: “Please follow up with General 1, need the orders.” General Khan responded to all of his messages, acting as a facilitator.”

General Khan provided procurement related information and contact details and allowed himself to be used to facilitate access to SAPS and Treasury procurement channels for a private businessman, Mr Sayed, who is a Carnilinx director.

“General Khan provides procurement related information and contact details and internal SAPS information... General Khan allowed himself, if I can put it at the lowest bar, to be used for access to the SAPS and Treasury procurement channels for a private businessman... Mr Sayed, a private businessman, Carnilinx director, wanted access to these SAPS masks orders... General Khan responded to all of his messages, acting as a facilitator.”

General Khan responded to Mr Sayed's procurement approach without enforcing the law and facilitated communication between Mr Sayed and officials within government who could assist with the procurement process.

“General Khan responded to all of his messages, acting as a facilitator... He is not responding as a senior police officer who is distancing himself from the improper approach being made to him to facilitate access to the contract... He also refers to other individuals within government who may provide assistance...”

General Khan facilitated a procurement process and did not discourage or stop Mr Sayed from participating or report him, despite there being a potential tender involved.

“General Khan may have an explanation as to why he continued to facilitate it. We do not know what that is. But he did not stop this process. He did not say to Mr Sayed that is not the way we operate. He did not report Mr Sayed for all we can see”

The relationship between Mr Sayed and General Khan is very close and personal, involving regular contact and socialising, which is unusual for a typical public official and member of the public.

“it is clear that they have a very close personal relationship, this is not some member of the public who happens to call up someone, perhaps they met you before and they know you and they call you up. This is someone he meets on a regular basis, he socialises with on a regular basis”

Mr Sayed shared documents related to the National Treasury and Cyberia master contract with General Khan in June 2021.

“M r S a y e d s h a r e s w i t h G e n e r a l K h a n , a n d a f t e r h e s e n d s t h e s e d o c u m e n t s , h e s a y s : " J o s i e s e n t m e ."”

On 14 July 2021, Mr Sayed asked General Khan if Bobby Maake was a friendly force or should be grabbed, indicating Bobby Maake's strategic role in Fuad's matter.

“M r S a y e d s e n d s G e n e r a l K h a n a n a m e , a n d t h e n a m e i s B o b b y M a a k e . A n d h e s a y s , h e a s k s , h e s a y s t o G e n e r a l K h a n : " A s k t h e P i l o t i f h e i s a f r i e n d l y f o r c e o r s h o u l d I g r a b h i m ? Fu a d ' s m a t t e r , h e i s s t r a t e g i c ."”

Mr Sayed coordinated meetings involving Pilot (General Fani) related to the master IT contract and implementation with MTN and SMADA entities in July 2021.

“Mr Sayed says: “What time is the Pilot seeing the guys from MTN?” General Khan says: “I am going to ask him.” Mr Sayed says: “Please confirm, bru, I am sitting with Josie.””

General Khan forwarded messages saying he just met relevant people and arranged for SMADA to meet them the next day to facilitate access to MTN.

“General Khan then just says the following, and this is, as we will see from the context, a forwarded message. He says: “Just met them. Smada can carry on and meet them tomorrow.” Mr Sayed says: “Excellent, bru.””

General Khan reported to Mr Sayed that General Fani had said he met with SMADA, which is the corporate vehicle for General Khan and Mr Sayed, regarding the Cyberia contract.

“General Khan reported to Mr Sayed that General Fani had said that he had met with them and that Smada, what seems to be the corporate vehicle of General Khan and Mr Sayed for this Cyberia contract, would meet MTN the following day.”

Mr Sayed instructed to exclude clauses 3.3.5, 3.4 and 3.5 from a draft memorandum of understanding between SMADA and Cyberia.

“Mr Sayed says : 'FYI. Told them to exclude 3.3.5, 3.4 and 3.5.' Now, these are references to a draft memorandum of understanding between Smada and Cyberia.”

Mr Sayed is concerned that SMADA should not have to share their fees with other parties who assisted in securing the deal.

“He is proposing it must be one third. It must not be shared with other. They should not have to from their fees then pay other parties who assisted.”

The estimated value of the contract split is three ways between three parties, believed to be General Khan, Mr Sayed and a third party (possibly General Fani).

“It is pretty obvious that this is a split that is going to be three ways between three parties ... We believe the other two are General Khan and Mr Sayed hence the discussion between the two of them of the split...”

Mr Sayed shared with General Khan an email from MTN confirming SMADA has been registered as an MTN supplier.

“Mr Sayed shares with General Khan an email from MTN that records that Smada has been registered as an MTN supplier.”

General Khan sent two texts to Mr Sayed stating 'Idropped off the docs with the DM now at his house' and 'Fuck him'. It is unknown who or what 'docs' refer to.

“There are two texts from General Khan to Mr Sayed ... 'I dropped off the docs with the DM now at his house.' And then it says 'Fuck him.' We do not know who, we do not know what docs.”

General Khan participated in a private commercial effort concerning Cyberia's master agreement with National Treasury, acting as an intermediary to connect parties for the contract's successful conclusion.

“General Khan participated in this private commercial effort concerning Cyberia's master agreement with National Treasury,... General Khan facilitated or arranged meetings between Pilot and other members, including Mr Sayed and Josie... that General Khan has transmitted information from General Fani and himself about internal SAPS communication.”

General Khan sought and was provided with information to help connect parties to procurement channels related to the Cyberia contract, involving financial arrangements and discussions of splitting percentages.

“General Khan asks for that kind of information and it is provided to him, which means he is helping to connect these parties to the procurement channels. We see the financial arrangement in which percentages and splits are discussed and then the internal recommendation that is shared with Mr Sayed.”

Mr Sayed forwarded to General Khan pictures of helicopters in relation to potential sales, discussing that SAPS are reselling their helicopters and seeking to negotiate prices.

“On 13 April 2022, Mr Sayed forwards to General Khan a series of pictures of helicopters... 'Did you know SAPS are selling their helicopters? I am sure you know the right guys to talk to. If you could get them at the right price, we could sell them.'”

There are detailed conversations and continuous meetings involving Mr Sayed and General Khan regarding contracts and opportunities potentially involving financial benefits.

“there are a couple of very detailed conversations with regard to some contracts ... It is continuous meetings ... every time there is a message from Mr Sayed ... General Khan facilitates and says he is going to do so, and responds to say, yes, I, the meeting is set”

Mr Sayed forwarded details of an IPID tender with a closing date of 2 July 2021 for 66 guards to General Khan, indicating a potential involvement in contract-related discussions.

“Mr Sayed sends General Khan details of an IPID tender, bid number 2/2021/22 with a closing date of 2nd July 2021 for 66 guards”

There are pictures and videos of warehouse premises apparently offered to Treasury for lease or rental, with related messages exchanged between Mr Sayed and General Khan.

“there are a series of pictures and videos of warehouse premises ... message which says: 'We can rent to Treasury'”

General Khan and Mr Sayed discussed details about warehouse rental, including square meterage of the warehouses and office space.

“General Khan saying 'Looking good.' ... Mr Sayed says 'There is two warehouses. Duplicate copy.' ... General Khan says 'Total square meter.' ... total warehouse square meterage of 1,600 plus office space and board rooms ...”

Mr Sayed asked for the RT number to fill in for warehouse rental to put Jet Park on the system; General Khan instructed not to discuss with Ally, indicating possible secrecy or exclusion.

“Mr Sayed says 'Bru, when you are with the Pilot, please ask him what is the RT number to fill in for the warehouse rental. I want to put Jet Park on the system.' General Khan responds: 'Please do not discuss with Ally. We are in the meeting now with the Pilot and R.'”

The chats between Mr Sayed and General Khan involve a pattern of conduct related to financial benefit.

“pattern of conduct and the relationship between Mr Sayed and General Khan that involves financial benefit”

Mr Sayed forwarded a media statement prepared by Yusuf Abramjee from Tax Justice South Africa accusing authorities of failure to act on illegal tobacco flooding South Africa and naming Carnilinx as guilty of illicit cigarette trading.

“Mr Sayed forwards a media statement prepared by Yusuf Abramjee for a non-profit called Tax Justice South Africa ... 'Authorities to blame for tsunami of illegal tobacco flooding in South Africa' ... names Carnilinx as guilty of the same conduct”

General Khan responded to Mr Sayed's message about the illegal tobacco report with the phrase 'Get fucked up, bro', reflecting inappropriate or aggressive language within the conversation.

“General Khan responds ... 'Get fucked up, bro' ... later corrected to 'Fhim up, bro. He must stay in his lane.'”

Yusuf Abramjee posted a survey showing 2% of Carnilinx brands retail below the MCT, and Mr Sayed said 'This Pi is asking for it, bro'; General Khan responded that they can sort it out easily.

“Yusuf Abramjee recording a survey that shows 2% of Carnilinx brands retailed below the MCT ... Mr Sayed says: 'This Pi asking for it, bro.' General Khan's response: 'We can sort it out easily.'”

General Khan gave a message to Mr Sayed 'He must stay in his lane', suggesting an instruction or warning regarding conduct or interference.

“General Khan responds: 'Fhim up, bro. He must stay in his lane.'”