Hearing day 132

Mr Vally confirms that a redacted J88 document and a detailed medical report were provided to Ms Hassim, with an unredacted copy of the J88 also provided on the morning of the hearing.

“a copy of a redacted J 8 8 had been provided to Ms Hassim, and as of this morning, an unredacted copy, together with a detailed medical report that we received late last night from the attending doctor”

Mr Vally states that advocate Mr Khan is not present due to the client’s medical condition and no instructions have been received from the client yet.

“Mr Khan, is not with us today, and that is only because we have not received instructions because of our client 's condition”

Advocate Hassim confirms receipt of the unredacted J88 and medical report but has not yet studied them thoroughly.

“I can confirm that I did receive the J 8 8, the unredacted J 8 8, as well as the medical report. I have not yet studied it closely. I received it this morning”

Evidence regarding General Khan includes tenders and tender activity, chats involving Mr Mo Sayed and conversations between Major General Khan and Mr Ismail Vally, abuse of authority, a Mashazi trip including a weekend trip to London, and financial disclosures.

“I propose to place before the Commission certain aspects of the evidence concerning General Khan... a series of tenders and tender activity ... conversations between Major General Khan and a Mr Ismail Vally... abuse of authority... issue of what we call the Mashazi trip ... information regarding a trip to London ... topic of the financial disclosures”

General Khan indicated that unrestricted disclosure of some evidence may pose substantial threats to lives.

“General Khan himself stated that unrestricted disclosure of some of the evidence will pose risks, substantial threat is what he said to lives”

Some aspects of the evidence relating to General Khan will be presented in-camera to protect ongoing criminal investigations and sensitive material that cannot be disclosed publicly.

“some of the evidence concerns ongoing criminal investigation ... traverse contents of SAPS dockets which we cannot disclose publicly ... some aspects of the evidence contain sensitive material that also cannot be led publicly in any sensible manner ... evidence that may pose a risk to the safety of individuals ... we will seek to lead that evidence in-camera”

Some evidence may relate to Crime Intelligence operations and informants, which if true should be formally registered and conducted in accordance with applicable protocols and prescripts.

“some of the evidence relates to Crime Intelligence operations and informants. That may be so. ... One would expect it to have been formally registered as such and conducted in accordance with applicable protocols and prescripts”

General Khan has not responded with a replying affidavit to the Commission's answer but may provide an explanation regarding evidence related to Crime Intelligence operations when able.

“he did not file a replying affidavit to our answer, but he has indicated that some of the evidence relates to Crime Intelligence operations and informants ... we look forward to hearing the answers and explanation from Major General Khan when he is able to provide that”

Major General Khan is the Head of Operational Intelligence Support at Crime Intelligence at the South African Police Service and has held the rank of Major General since 1 September 2017.

“Major General Khan is an adult male, Head of Operational Intelligence Support at Crime Intelligence at the South African Police Services and he holds the rank of Major General since 1 September 2017.”

The inquiry is focused on whether a SAPS Crime Intelligence officer acted as a conduit for private, commercial, or criminal interests and compromised law enforcement structures.

“It is directed at whether a SAPS officer, a Crime Intelligence officer, a senior member of the service was a conduit for private, commercial or criminal interests and whether they were able to gain access or influence or corrupt or compromise law enforcement structures.”

There has been consistent allegation that Carnilinx is engaged in illegal tobacco trading over more than a decade.

“For over a decade there have been consistent allegations that Carnilinx is engaged in illegal tobacco trading.”

Carnilinx voluntarily submitted a response to the allegations of illegal tobacco trading to assist the Commission in its inquiry.

“Carnilinx accordingly tenders these submissions voluntarily. It does so not to challenge the Commission’s mandate nor to relitigate historical regulatory matters with the South African Revenue Service but to assist the Commission by placing before it a balanced account of the company’s history, regulatory engagement and present position.”

Carnilinx submits that findings affecting corporate reputation should be based on credible, independent verifiable evidence and distinguish between historical regulatory defaults and present-day unlawful conduct.

“Carnilinx respectfully submits that findings affecting the reputation of any corporate entity should be based upon credible, independent verifiable evidence and should distinguish carefully between historical regulatory defaults, historical conduct voluntarily disclosed pursuant to chapter 16 of the Tax Administration Act, unresolved tax disputes being determined through statutory mechanisms, allegations made by competitors or industry participants, media reports and public commentary, industry-sponsored reports and evidence capable of establishing present-day unlawful conduct.”

Carnilinx supports the Commission’s constitutional mandate to investigate criminality, corruption and political interference within the criminal justice system.

“Carnilinx supports the Commission's constitutional mandate to investigate criminality, corruption and political interference within the criminal justice system. It has no interest in shielding unlawful conduct by any person or entity and welcomes any lawful process that advances accountability, transparency and the rule of law.”

Carnilinx is a South African cigarette manufacturer incorporated in May 2011, operating under license issued by SARS, contributing meaningfully to the South African economy through investment, tax payment, and employment.

“Carnilinx is a South African cigarette manufacturer duly incorporated in accordance with the laws of the Republic. Carnilinx was established in May 2011 and has for approximately 15 years operated within one of the most comprehensively regulated industries in South Africa.”

Carnilinx conducts its business within a statutory framework governed by extensive legislative and regulatory requirements administered by SARS.

“The manufacture of tobacco products is governed by an extensive legislative and regulatory framework including licensing requirements, excise controls, customs supervision, record keeping obligations, inspections, audits and enforcement powers administered by SARS. Carnilinx conducts its business within that statutory framework.”

Carnilinx is a member of the Fair-Trade Independent Tobacco Association, representing independent tobacco manufacturers and advocating lawful competition and combatting illicit trade.

“Carnilinx is also a member of the Fair-Trade Independent Tobacco Association, an association representing independent tobacco manufacturers and advocating for lawful competition, effective regulation and meaningful measures to combat illicit trade.”

Carnilinx engaged with SARS in 2014 in a comprehensive disclosure process concerning historical tax matters, seeking to regularise its tax affairs under applicable legislation.

“During 2014 Carnilinx engaged with SARS in a comprehensive disclosure process concerning historical tax matters with the objective of making full disclosure concerning historical tax compliance and seeking to regularise its tax affairs under the applicable tax legislation administered by SARS”

An affidavit by Carnilinx director Adriano Mazzotti related to historical tax compliance was prepared for confidential engagement with SARS, but versions quoted by media have been found inaccurate and possibly taken out of context without Carnilinx's knowledge or authority.

“The affidavit was intended to form part of a confidential engagement between Carnilinx and SARS. At some stage thereafter, information purporting to originate from that affidavit entered the public domain without Carnilinx's knowledge or authority...Carnilinx further notes that the aspects of the media reporting concerning Carnilinx, Mazzotti, and the historical tax affairs have previously been found by the press ombudsman to have been inaccurate.”

Carnilinx continues to operate as a licensed manufacturer under SARS regulatory oversight, subject to inspections, audits, verifications, and assessments, with some findings accepted and others disputed through statutory mechanisms.

“Following its engagement with SARS concerning historical tax matters, Carnilinx continued to operate as a licensed manufacturer under the regulatory oversight of SARS. The company has remained subject to inspections, audits, verifications, and assessments by SARS in the ordinary course. Certain findings have been accepted and the relevant liabilities discharged. Other findings have been disputed through the statutory objection, appeal, and review mechanisms established under the South African tax legislation.”

Carnilinx denies all allegations contained in the affidavit opposed to Nyatlo and submits that portions of the affidavit conflate historical regulatory matters, unresolved tax disputes, media reports, and industry commentary with present-day criminality, which should be carefully distinguished.

“Carnilinx has carefully considered the allegations contained in the affidavit opposed to by Nyatlo. To the extent that those allegations concern Carnilinx, they are denied. Carnilinx respectfully submits that portions of the affidavit appear to conflate historical regulatory matters, unresolved tax disputes, media reports, and industry commentary with evidence of present-day criminality.”

Carnilinx submits that some of the materials relied upon in the Nyatlo affidavit come from industry organizations and market reports prepared by third parties, which frequently reflect commercial interests and policy positions and are not independent regulatory, court, or investigative authorities.

“Carnilinx notes that portions of the Nyatlo affidavit appear to rely upon publications issued by industry organizations and market reports prepared by third parties. Carnilinx respectfully submits that such materials should be approached with appropriate caution. Industry bodies perform an important role in the public debate. However, they are not independent regulators, courts, or investigative authorities. Their publications frequently reflect commercial interests and policy positions.”

Historical regulatory matters and ongoing tax administration processes cannot establish present-day criminal conduct; unresolved tax disputes cannot be equated with fraud, tax evasion, or organized criminal activity.

“Historical regulatory matters and ongoing tax administration processes cannot, without more, establish present-day criminal conduct. Likewise, unresolved tax disputes cannot be equated with findings of fraud, tax evasion, or organized criminal activity.”

Market surveys and retail pricing studies identify pricing trends but do not establish whether excise duty has been paid or if manufacturers have committed tax evasion or other criminal offenses.

“Likewise, retail pricing studies and market surveys may identify pricing trends or market anomalies. They do not establish whether excise duty has been paid in respect of any particular product, nor do they establish whether a manufacturer has committed tax evasion, fraud, smuggling, or any other criminal offense.”

Media reports, publications by representative organizations, and market studies may contribute to public debate but do not constitute primary evidence of criminal conduct; serious findings should rely on reliable, independent, verifiable evidence before the Commission.

“Carnilinx further submits that media reports, publications produced by representative organizations and market studies, are each different forms of material carrying different evidential weight. While such material may contribute to public debate, it does not constitute primary evidence of criminal conduct. Serious findings against any person or corporate entity should be based upon reliable, independently verifiable evidence properly before the Commission.”

The Nyatlo affidavit suggests that Carnilinx improperly utilizes organs of state against competitors, which Carnilinx unequivocally denies, asserting it responsibly reports suspected unlawful conduct to relevant authorities and does not control investigative functions of state organs such as SARS or SAPS.

“The Nyatlo affidavit further suggests that Carnilinx improperly utilizes organs of state against competitors. Carnilinx unequivocally denies those allegations. Like any responsible corporate citizen, Carnilinx has where appropriate reported information concerning suspected unlawful conduct to the relevant authorities. There is nothing improper in providing information to SARS, SAPS, or any other competent authority. Once such information is provided, all investigative and enforcement decisions remain those of the relevant authority acting under its own statutory powers. Carnilinx has never exercised control over the investigative functions of SARS, SAPS, or any other organ of state.”

Carnilinx remains willing to cooperate further with the Commission and reserves the right to supplement submissions should additional information become relevant.

“Carnilinx remains willing to cooperate further with the Commission and reserves its right to supplement these submissions should additional information become relevant.”

Carnilinx voluntarily made these submissions to ensure the Commission understands the company's history in its proper statutory, factual, and commercial context and requests that allegations be answered based on evidence relevant to the issues before the Commission, not historical regulatory engagement, unresolved tax disputes, media reporting, industry advocacy, or commercial rivalry.

“Carnilinx has made these submissions voluntarily because it believes that the Commission should have before it the company's own account before reaching conclusions that may affect its reputation and commercial standing. Carnilinx does not seek to minimize its history or avoid scrutiny, nor does it ask the Commission to determine disputes between itself and SARS concerning historical tax matters. Those matters are regulated by legislation and remain subject to the statutory mechanisms provided by South African law. Carnilinx asks only that its history be understood in its proper statutory, factual, and commercial context. ... Carnilinx respectfully submits that those questions should be answered on the basis of evidence relevant to the issues before the Commission and not by inferences drawn solely from historical regulatory engagement, unresolved tax disputes, media reporting, industry advocacy, or commercial rivalry.”

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.”

Carnilinx and SARS concluded a settlement agreement in 2020 based on facts different from those in the 2014 Mazzotti affidavit; the affidavit was provided to SARS under subpoena with necessary permissions for use in these proceedings.

“The settlement agreement that was concluded between Carnilinx and SARS was only concluded in 2020. And in fact, I do not propose to go to it in detail, but it is before the Commissioners and I will just take you to the page reference in a moment. The basis upon which that settlement was reached were facts, different facts and admissions, let me not say admissions, different facts that were agreed to by Carnilinx than the 2014 facts in the Mazzotti affidavit. So it extends over a period of time and we have the objectively verifiable evidence before us, because we requested it from SARS under a 10.6 subpoena and it was provided to us with the necessary permissions to be able to use it in these proceedings.”

The affidavit of Mr Mazzotti contains admissions of past customs excise and tax non-compliance, failure to account for cash income, and failure to pay tax, VAT and excise duty, including the illegal Pieterse transaction involving manufacturing cigarettes off the books.

“the affidavit contains admissions by Mr Mazzotti, both personally and as a representative of Carnilinx and these admissions relate to past customs excise and tax non-compliance, failures to account for cash income, and failure to pay tax, VAT and excise duty ... the illegal Pieterse transaction”

The affidavit admits unlawful surveillance of SARS officials and access to personal records.

“admissions of unlawful surveillance of SARS officials and access to personal records”

There are admissions in the affidavit of unlawful importation of tobacco under a false Swaziland pretext.

“admissions of unlawful importation of tobacco under a false Swaziland pretext”

There are admissions of improper cash payments to legal advisers made on the belief that SARS officials were being paid off to assist in resolving Carnilinx's problems with SARS.

“admissions of improper cash payments to legal advisers ... cash payments were made on the belief that SARS officials were being paid off and that by making these cash payments to these legal advisers, they would assist in resolving Carnilinx's problems with SARS”

There is an admission of obtaining a confidential SARS document for cash, involving someone inside SARS to get access to it.

“an admission of obtaining a confidential SARS document for cash, so paying someone inside SARS to get access to this document”

Mr Mazzotti believes he was naive to think that the SARS officials could be bought.

“Mr Mazzotti also says ... he believes he was naive to think that the SARS officials could be bought”

Carnilinx's settlement agreement was concluded on unlawful conduct, though different unlawful conduct than previously described.

“The settlement agreement was concluded on a different basis, on unlawful conduct, but different unlawful conduct”

Mr Mazzotti, in his affidavit, expresses hope that the process will culminate in the company accepting criminal and civil liability related to legislation administered by SARS, indicating cooperation and disclosure of past wrongdoing.

“he says: 'In light of these principles, it is hoped that this process will culminate in the company accepting criminal liability in a criminal court together with civil liability ... relying on the fact that it has cooperated with SARS, disclosed its wrongdoings of the past ...'”

Carnilinx was originally started around June 2010 by former partners Mr Sayed, Mr Mazzotti, and Mr Martin Wingate-Pearce.

“Carnilinx was originally started in about June 2010, when the former partners, Sayed, myself, and Martin Wingate-Pearce got together”

Craig Williamson was also involved in the early enterprise of Carnilinx and is not a stranger to crime and criminal conduct.

“Mr Craig Williamson ... is no stranger to crime and criminal conduct”

Craig Williamson was dropped from Carnilinx at a certain point and received a cash contribution when he exited the enterprise.

“he ... dropped off at a certain point ... there was a cash contribution raised to pay out Mr Williamson when he exited the enterprise”

Carnilinx was registered and operated lawfully to date, and made payments due to SARS on time and accurately, except as mentioned in the affidavit.

“Carnilinx was registered and operated lawfully to date ... the company has always made the payments due to SARS on time and accurately, except as mentioned below”

The affidavit details conduct involving evading income tax, excise duties, VAT, and illegal trading related to the Grindling heading, including cash payments to avoid tax and infiltration of SARS.

“they relate to ... evading income tax, excise duties, VAT, illegal trading ... concerns the payment of cash for certain benefits ... also cash payments to avoid tax, infiltration of SARS”

The illegal conduct detailed was carried out by Mr Mazzotti in concert with Mr M Sayed and Mr Phillips.

“this is not just conduct that was undertaken by Mr Mazzotti on his own. He did it in concert with Mr M Sayed and with Mr Phillips”

Mr Mazzotti accepts that Carnilinx acquired tobacco unlawfully and wrongfully of two tons per week over a period of time.

“he accepts that Carnilinx acquired tobacco unlawfully and wrongfully of two tons per week over a period of time”

A legal adviser persistently referred to his contacts at SARS, particularly mentioning Johann Van Loggerenberg and Ivan Pillay, with the company naively believing he could influence them to favour the company. This was later accepted as nonsense, and the company was misled, paying R800,000 cash to the adviser.

“we were naive to believe that he could influence van Loggerenberg and Pillay to favour our company. This, we accept now, is in a manner of speaking nonsense, and that we were misled. But in the process, we paid R800,000.00 cash to this legal adviser.”

A settlement agreement, dated 6 May 2014, was signed concluding a dispute involving SARS and Carnilinx; the agreement records SARS' position that cigarettes manufactured by Carnilinx were presented as lawfully moved and exported on paper, but there were no documents to prove lawful export, resulting in SARS treating the cigarettes as diverted into South Africa without paying duties and VAT.

“that agreement is, I mean, really what it does in a nutshell is it records SARS' position and view that the cigarettes, that cigarettes manufactured by Carnilinx were presented on paper as having been moved and exported lawfully, but that there were no documents to prove a lawful export, so the effect was that SARS treated the cigarettes as having been diverted into South Africa without customs duties, VAT, etcetera, being paid.”

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.”

Allegations of fraud and corruption were admitted in an affidavit but there is no known follow up, charges, or actions taken by SARS; it is not within SARS jurisdiction to follow up further, and it is unknown if the matter was referred for any purposes.

“The allegations, well, the admissions in the affidavit of fraud and corruption, we have no knowledge of anything further coming of it, whether there were any charges or whether there was any action that was taken. It is not within SARS jurisdiction to follow up upon those, but we do not know if it was referred for any purposes. So we do not have knowledge on that.”

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.”

General Khan indicated that the samples came with a birthday present which was separate from the PPE price list and samples.

“The birthday present was a separate package.”

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.'”

General Fani Molefe, recently suspended from SAPS Supply Chain Management, was referenced in chats under the codename 'Pilot' and was associated with procurement and transversal contracts.

“The Fani that is being referred to in this chat is General Fani, who has recently been suspended from SAPS, where he was in Supply Chain Management. ... Pilot is the codename they use for Molefe Fani.”

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.”

There is confusion over the spelling of the surname 'Fani' in the documents, with two variants F-A-N-I and F-A-N-I-E, but they refer to the same person General Fani Molefe.

“There are two different spellings of Fani. There is Fani, F-A-N-I, and the Fani, there is I-E. ... The proper spelling is F-A-N-I ... it is the same person.”

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.”

The company Brand World, associated with CSD number prefix MA AA and Mr Mazzotti as a director, is mentioned in chats linked to the procurement activities discussed.

“There is the CSD number, because it has the prefix MAAA,.. BW stands for Branded World, a company mentioned in these chats, and it is a company that Mr Mazzotti is a director of.”

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.'”

Josie appears to be associated with one of the business partners involved in several procurement and tender contracts related to this context.

“It appears to be one of their business partners on several procurement and tender contracts.”

The business partner Josie is involved in multiple tender contracts, indicating their key role in the procurement network.

“The name comes up in another context again, in the context of another tender.”

There is a business partner involved in a particular contractor deal related to the PPE pilot, inferred from the context though not obviously shown in a straight line.

“A n d e v e n w h e n I g e t t h e r , i t i s n o t a n o b v i o u s s t r a i g h t l i n e t h a t s h o w s t h i s i s a b u s i n e s s p a r t n e r i n a p a r t i c u l a r c o n t r a c t o r d e a l . B u t t h e c o n t e x t l e a d s t o o n e t o c o n c l u d e , t o i n f e r t h a t i t i s i n f a c t a b u s i n e s s p a r t n e r”

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”

Voice notes state that distribution will be through Carnilinx, but the CSD number used is that of a different company, BWCS, not Carnilinx.

“Th e v o i c e n o t e s a y s d i s t r i b u t i o n w i l l b e t h r o u g h C a r n i l i n x ... B u t j u s t t o b e c l e a r , t h e C S D n u m b e r t h a t s e e m s t o h a v e b e e n u s e d i s t h e B W C S D n u m b e r , n o t C a r n i l i n x”

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 ...”

Pilot refers to Molefe Fani, who was at the time employed in Treasury before moving to SAPS and was involved in procurement and supply chain management.

“...I w i l l s h o w t h a t P i l o t i s M o l e f e F a n i ... a t t h a t p o i n t w h e n M r Fa n i a t t h a t p o i n t w a s e m p l o y e d i n Tr e a s u r y ... h e w a s i n s u p p l y c h a i n m a n a g e m e n t ...”

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.”

Mr Ismail Vally, a businessman, attempted to facilitate access to a tender for dispenses relevant to PPE procurement through communication with General Khan on 30 June 2021.

“Mr Ismail Vally, for an attempt to secure and to get assistance to facilitate access to a tender for dispenses... He sends a screenshot of these tenders... on 30 June 2021, there is a conversation happening in parallel with Mr Vally.”

The SAPS internal letter signed by Lieutenant General RIT specified that future surgical mask procurement would occur through the National Treasury contract and there would be no further emergency procurement.

“It is a protocol for containment of COVID and it says that this is approval for all SAPS employees to use both masks when wearing uniforms... (letter) said there will not be any further emergency procurement, but instead the procurement of the surgical masks will be sourced through the National Treasury contract... The letter was by the Divisional Commissioner for Supply Chain Management, RIT, addressed internally to all sections within SAPS only.”

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 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 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”

No evidence from chats that any action was taken against officials or reporting against officials took place regarding a procurement-related process facilitated by General Khan.

“there is no evidence again from the chats themselves that any action was taken against officials or any reporting of the officials took place”

Mr General Fani remained in his position and was only recently suspended a couple of weeks ago (relative to 2021), suggesting a lack of timely law enforcement action potentially linked to General Khan's facilitation of procurement processes.

“What we do know is Mr General Fani remained, General Fani was only suspended I think recently, a couple of weeks ago. So he remained, and this is 2021, so he remained in his position until fairly recently. If there had been some law enforcement or some action taken by General Khan perhaps something would have happened sooner.”

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 Molefe Fani joined SAPS on 1 August 2022, transferring from Treasury, and was promoted to Divisional Commissioner for Supply Chain Management without rising through SAPS ranks.

“the date at which Molefe Fani joined the SAPS was 1 August 022, and he was a Divisional Commissioner for Supply Chain Management in the SAPS”

Mr Molefe Fani did not rise through the SAPS ranks but was appointed at the rank of Lieutenant General due to seniority from his previous position at Treasury, a common practice in SAPS.

“he did not come through the ranks in SAPS at all. ... he was given the rank of Lieutenant General. ... people are appointed by SAPS and they are given a higher rank so they do not start from the very bottom when they join SAPS. ... he was given the rank that is commensurate with your seniority in SAPS ... anybody who would come from another institution or organisation ... would be placed at the level, you would be given the rank that is commensurate with your seniority in SAPS”

General Khan and General Fani were involved in an IT contract between the National Treasury and Cyberia in 2021.

“a n d w h a t w e w i l l s e e i s a g a i n t h e i n v o l v e m e n t o f G e n e r a l K h a n t h r o u g h G e n e r a l F a n i”

Fuad Udemans was the Managing Director and Director of Cyberia in the IT contract with National Treasury, as of January 2021.

“C y b e r i a , D i r e c t o r , F u a d U d e m a n s”

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 ."”

Bobby Maake was a Treasury official in 2021.

“Bobby Maake was a Treasury official.”

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.””

Smada's access to MTN was being facilitated through meetings arranged by Pilot and General Khan.

“He then said, and the he consider from there and this is important, because he then says: “Any news?””

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.”

The draft MOU between SMADA and Cyberia is described as a thinly veiled kickback agreement to facilitate the process and access to the contract with Treasury.

“You will see ... that this really is a thinly veiled kickback agreement for facilitating this, facilitating this process and access to the contract with Treasury.”

SMADA forged close business relationships at high levels within the Government of South Africa and in the private sector to facilitate introductions and meetings for the implementation of the Rules Engine.

“Smada has forged close business relationships at the highest levels with the Government of the Republic of South Africa, as well as in the private sector ... to ensure full implementation of the Rules Engine.”

Clause 3.3.5 of the MOU provides that the fee payable to SMADA, related to the activation of the Rules Engine contract, is to be shared with parties who assisted in achieving full implementation.

“With reference to the activation of the Rules Engine ... it is understood that the fee payable to Smada in terms of this MOU shall be shared with such parties who assisted in achieving full implementation in so far as applicable.”

SMADA is entitled to fees based on payroll introduced and secured, which include interests of strategic partners contemplated in the MOU.

“Smada shall be entitled to the fee in respect of any specific payroll introduced and secured by Smada, it being recorded that the fee shall incorporate the interests of any and all strategic partners as contemplated in 3.3.2, as well as any replacements of such strategic local partners.”

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.”

MTN is trying to be included in the deal introduced to Cyberia.

“It is MTN that they are trying to get as part of the deal here introduced to Cyberia.”

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.”

MTN is the preferred provider for the provision of the bulk SMS system according to an annexure dated 23 August 2021.

“MTN is thus the preferred provider for the provision of the bulk SMS system. It is signed and dated 23 August 2021.”

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.'”

Lieutenant General Ritt was the Divisional Commissioner for Supply Chain Management in 2021, a position previously held by General Fani.

“In 2021, Lieutenant General Ritt was the Divisional Commissioner for Supply Chain Management. This is a position that General Fani held.”

General Khan shows willingness to assist a private entity or individual using his position within SAPS, including speaking to people such as J Reed.

“General Khan's willingness to assist using his position in the SAPS ... he said I will speak to J Reed or somebody ... he has access to people within SAPS that is able to approach on behalf of a private entity or individual”

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'”

Symantec is the current incumbent with the SAPS security tender and is the biggest competitor at the time of these messages (June 2021).

“Symantec is the current incumbent with the SAPS security tender, they are our biggest competitor right now”

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 ...”

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 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.'”

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”

The media report states illegal cigarettes are sold far below the minimum tax and brands belonging to Gold Leaf Tobacco Corporation are winning the illegal price war in South Africa.

“Illegal cigarettes are being sold for just R6.00 per pack, a fraction of the minimum collectible tax of R21.60. Brands belonging to Gold Leaf Tobacco Corporation are winning the illegal price war”

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.'”

There is an attitude and hostility towards certain individuals, including journalists, linked to the Carnilinx scandal and related illegal and criminal conduct.

“the Commission's attention is not just because it is linked to Carnilinx and the subject matter we have been discussing and the allegations of illegal and criminal conduct by Carnilinx, but because it is not the only incident in which there is this attitude and hostility towards other individuals, including journalists”

An article from the Daily Maverick alleges that top police officers tasked with investigating Peter Jacobs for tender fraud are themselves potentially guilty of tender fraud.

“a conversation with a person ... shares with General Khan an article from the Daily Maverick ... The headline of the article is “SAPS PP E scandal Clash of Top Brass Amid Claims of Massive Corruption.” And so what the article is alleging is that there are top cops who were tasked with investigating the then Head of Crime Intelligence, Peter Jacobs, for tender fraud. The article is alleging that those top cops are themselves potentially guilty of tender fraud.”

The person communicating with General Khan is another police officer from KwaZulu-Natal who mentions the need to activate a counter-need against the journalist who wrote a series of articles alleging corruption involving top cops.

“he seems to be another police officer from KwaZulu-Natal and he shares with General Khan an article ... The colleague with whom General Khan is speaking ... said the articles are written by a single journalist, counter-need to be activated on this journo”

General Khan says the journalist who wrote the articles accusing top cops of corruption is a good friend of Jacobs and Veary.

“General Khan says the following in response: “Morning, this journalist is a good friend of Jacobs and Veary.””

The identity of the second communicator with General Khan is redacted for public protection but is believed to be a member of SAPS.

“The only reason it is redacted is for the public. It should not be redacted on your version, but because you do not have a version, all you can see is what is being flighted ... It is a person who is, I believe, a member of the SAPS.”

General Khan is communicating with Ismail Vally, a businessman who owns a motor vehicle store known as 357, which is a place where one might add bells and whistles to a vehicle.

“The next tender is located in a different chat, and it is a collection of chats between General Khan and one Mr Ismail Vally, who is a businessman and who owns a motor vehicle store known as 357, and it is ... the kind of place where you would go if you wanted to add bells and whistles to your vehicle.”

There is concern about possible improper action against the journalist concerned and consideration is being given to whether the name of the second communicator should be divulged publicly.

“my inclination is for the name to be divulged, especially if what this means is taking improper action against the journalist concerned. Why should the public not know about that?”

General Khan and Mr Ismail Vally engaged in extensive WhatsApp communications from April 2021 through the contract award regarding manipulation of tender specifications, inside information sharing, financial discussions, and post-award contract pricing.

“The tender concerns an automotive parts tender ... extensive communications between the two ... early access and manipulation ... inside information ... discussions involving financial interest ... after contract is awarded”

General Khan says in a message about a meeting with a contact regarding the tender that "we have a meeting tomorrow at 1 o'clock with the contact." Mr Vally replies with "Yes, bro, must I come?" and discusses coordination by phone.

“General Khan sends a message saying: "We have a meeting tomorrow at 1 o'clock with the contact." ... Mr Vally "Yes, bro, must I come?" ... General Khan says: "Can you talk now?" ... Mr Vally says: "Must I call you?" ... General Khan says: "Yes."”

The tender RT45/2021 concerns the supply and delivery of automotive parts and tools to the state for 36 months with a closing date of 31 May 2021, issued by National Treasury.

“special conditions of contract ... for the supply and delivery of automotive parts and tools to the state for a period of 36 months ... The closing date on the tender is 31 May 2021 ... issued by National Treasury”

General Khan received the draft internal document (version 3) containing special conditions of contract for the tender RT45/2021 through Mr Molefe Fani in Treasury.

“I surmise that this PDF document was shared with Mr Khan by somebody else in Treasury, and I believe it is Molefe Fani ... So he says: "This oui is on top of his game."”

General Khan shared an internal draft document containing special conditions of the automotive parts contract RT45/2021 with Mr Ismail Vally, which used draft annotations and was not a finalized version.

“this is the document that is shared by General Khan with Mr Vally, so it is a draft document”

In the WhatsApp chat about the tender, Mr Vally expresses expectation of getting a "decent slice" (financial benefit) from the awarded contract.

“Mr Vally then says ... "Inshallah we get a decent slice."”

The expression "we" used by Mr Vally in the WhatsApp communications may exclude General Khan, implying Mr Vally and his associates may refer to themselves separately from General Khan.

“when a third party says we, it does not necessarily follow that it includes General Khan ... Mr Vally is referring to himself and his company or associates, excluding General Khan”

Ismail Vally asked General Khan to influence the specifications of a tender so that only one supplier per region is allowed instead of multiple suppliers, which contravenes the contract special conditions.

“Can our guy change something on spec or remove that multiple suppliers for 1 province 11.1.3 under special conditions. Better if one supplier per region.”

General Khan responded that it was late to change the tender specifications but would try.

“General Khan responds to that saying: “I think it is late to change spec now. Let me try.””

Ismail Vally persistently followed up with General Khan about the advertising date of the tender and expressed urgency.

“Mr Vally says: “Please chase our guy a little today about date they are advertising.” ... On 6 May 2021: “Any news from our guy?” ... On 11 May 2021: “We need this. Market is slow.””

General Khan assured that the tender advertisement would be approved and released any day and said he would inform when it was up.

“General Khan says: “It will be out any day, approved for publication. Check treasury.gov.za. I will tell when up.””

Fani Molefe was involved in communications with General Khan related to the tender approval and publication status, indicating direct contact between them regarding the tender process.

“Conversation now is between General Khan and Fani Molefe and Mr Molefe's phone number, and in the middle of the page, he says to General Khan: “It will be out any day. Approved for publication yesterday. Check treasury.gov.za. I will tell when up.” ... General Khan responds: “Thanks, sir.””

Ismail Vally sent tender advertisements to General Khan to alert him and ensure he was informed about the tender publication status.

“Mr Vally sends it to General Khan to alert him to it, as he says in his next message. He says: “It is on, bro.” And General Khan responds: “Excellent.” That is 21 May 2021.”

Ismail Vally sought to meet General Khan for lunch to discuss how to price, proposing a specific location, indicating ongoing coordination about tender pricing.

“Mr Vally says: “Can we meet your guy next week for lunch, bro? ... He says: “Want to ask how to price.””

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 . ””

There are gaps in the chat records between General Khan and 'our guy' (identified later as Fani), implying some communications about the tender occurred off the recorded platform via other means such as Signal, Telegram or phone calls.

“Commissioner Khumalo , we do not have a set of chats dealing with that exchange , but what we see here is there are gaps all over the place and it is obvious that the communications are not happening only on one platform .”

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 . ””