the Chair

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.”

Brigadier Nkhwashu denies misusing his rank to bypass procedures or tell institutions to allow him access against policy.

“if I was using or misusing my position I would have gone to that particular institution and then when they say you cannot see, the policy does not allow you to see Katiso at this time, I would have said no”

Mr Mnisi asked for Sergeant Nkosi's number after the Gubis payment termination and took the matter up with the General directly; no further interaction occurred with Sergeant Nkosi regarding the termination letter.

“On the Gubis payment on termination. This was clear. I asked for his number afterwards, and I subsequently took the matter with the General directly. There was no further interaction with Sergeant Nkosi in reference to the termination letter.”

Mr Mnisi confirms that the General is winning and this is communicated by Sergeant Nkosi after some delay with details about creating requisitions and purchase orders for payment processing.

“the General saying : “ Yes , we have won , busy with creating requisitions and at the same time releasing the minor order for buyers to create purchase orders .”

Over 24 hours, through Sergeant Nkosi's intervention, Mr Mnisi managed to have a conversation with the General that resulted in invoices being processed and paid.

“So over these 24 hours, through Sergeant Nkosi's intervention, you have managed to have a conversation with the General that has resulted in the invoices being paid .”

The General sent a message to Sergeant Nkosi seeking confirmation if Mr Mnisi had spoken to Cain regarding processing at GUBIS, but Mr Mnisi never received this message and cannot comment on it.

“The General messages Sergeant Nkosi saying : “ Good day, Captain. Please check with Mfowethu if he has spoken to Cain about Gubis for processing . He just called me to say Mfowethu has given a go-ahead .” This message was never forwarded to myself . I have never received it . I cannot comment on that .”

Mr Mnisi might have called the General to explain and try to put the matter to rest.

“I think I might have given him a call to explain this matter and to try and put the matter to rest .”

Mr Mnisi acknowledges it was convenient to involve Sergeant Nkosi in discussions with the General but agrees in hindsight he should have obtained the Deputy Chief's contact earlier and engaged with him properly.

“He was already involved, and it was convenient for me. He was already in discussion with the General, and thus he fell in general terms. ... In hindsight, I should have got the number of the General much earlier than this. Unfortunately, I had not.”

Adv Chaskalson SC alleges Gubis initially was not included on a vehicle priority list dated 25 March but ended up on the tender list after complaints and intervention by Mandla Mgcina with CFO, with instructions from the General to use only the CFO as the official gateway.

“there were seven companies which did not include Gubis ... The General said, do not speak to me, there is only one gateway, it is the CFO ... Mandla Mgcina then started calling the CFO regularly and then lo and behold, Gubis found their way onto the list.”