Witness: Mr Matlala. Evidence Leader: Ms Sello SC. Witness: Major General Feroz Khan. Evidence Leaders: Mr Chaskalson SC, Ms Hassim SC, Ms Pooe.
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Mr Matlala was subpoenaed to appear to give testimony on 7th July 2026 but due to delays, an extension was granted and the new date for his testimony is 15th July 2026.
“Mr Matlala was served with a subpoena to appear to give his testimony today on the 7th ... an extension was requested, which was granted ... The date we have in mind is the 15th of July”
Mr Matlala was served with a subpoena to appear and give testimony on 7 July but an extension was requested and granted due to difficulties, postponing the testimony to 15 July.
“Mr Matlala was served with a subpoena to appear to give his testimony today on the 7th...an extension was requested, which was granted...The date we have in mind is the 15th of July”
It was agreed that Mr Matlala's statement would be submitted on 8th July 2026, though there are some documents still awaited.
“the parties are now agreed that Mr Matlala's statement will be submitted tomorrow, the 8th of July ... with the reservation of the client's rights pertaining to certain documents that we are still awaiting”
Mr Matlala's statement will be submitted by 8 July 2026 despite some documents still awaited, with the potential to supplement the statement later.
“Mr Matlala's statement will be submitted tomorrow, the 8th of July...the parties are now agreed...with the reservation of the client's rights pertaining to certain documents that we are still awaiting...we might then supplement if it is not timeously done”
General Khan has a tendency to share Crime Intelligence documents to friends to show off his importance, which is probably not appropriate.
“General Khan has a tendency to show off to friends by sharing Crime Intelligence documents that sort of reflect on his importance...it is probably not appropriate”
General Khan has a tendency to show off to friends by sharing Crime Intelligence documents that reflect on his importance, which is probably inappropriate but not sinister.
“It seems that General Khan has a tendency to show off to friends by sharing Crime Intelligence documents that sort of reflect on his importance ... it is probably not appropriate ... it is not sinister”
General Khan shared emails and messages related to important roles and invitations to police delegations with friends in a way that is not particularly egregious but possibly inappropriate.
“when he is invited as part of a police delegation .. he forwards that email to his friends ... These are not particularly egregious, they are possibly just not appropriate”
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 leaked internal delegation documents within Crime Intelligence which should not be shared with friends, although this activity is not considered sinister by counsel.
“It is probably not appropriate...internal delegation documents within Crime Intelligence ought to be shared with friends...It is really...not sinister”
Mr Sanjay Adjodia and Mr Ismail Vally, partners in a high-end vehicle workshop, send case numbers without explanation through chats.
“Mr Sanjay Adjodia, who is saved as Sanjay Che 357, and 357 is the name of the vehicle, sort of high-end vehicle workshop that Mr Adjodia and Mr Vally are partners in, sends him a case number on the 12th of March 2021 with no explanation.”
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..."”
Mr Ismail Vally communicates with General Khan about obtaining case numbers related to Hawks commercial crimes and coordinates about visits to police stations.
“On the 28th of September 2021, at the foot of 369, Mr Vally greets General Khan. ... "Can you see what a case is about if I get you a case number. Commercial crimes. Hawks." ... "Which police station?" ... "I went in bro. I will tell bro when I see you."”
Mr Sanjay Adjodia and Mr Ismail Vally are partners in a high-end vehicle workshop and were involved in sending case numbers without explanation to General Khan in chats relating to commercial crimes and the Hawks.
“Mr Sanjay Adjodia, who is saved as Sanjay Che 357 ... sends him a case number on the 12th of March 2021 with no explanation ... an exchange between Mr Vally, ... Mr Ismail Vally ... Mr Vally greets General Khan ... "Can you see what a case is about if I get you a case number. Commercial crimes. Hawks."”
Mr Vally makes an abusive comment about the Hawks during a conversation with General Khan, who indicates willingness to assist if needed.
“Mr Vally responds with an abusive comment about the Hawks. General Khan says: "Do you need me to do anything?" Mr Vally says: "No Jazakallah blood. I will save you for a day when I really need you."”
Mr Vally communicates with General Khan about case numbers for commercial crimes involving the Hawks and makes an abusive comment about the Hawks.
“General Khan says: "Yes, bro." And Ismail Vally says: "Hawks called me now." ... Mr Vally responds with an abusive comment about the Hawks.”
On 27 May 2023, Mr Vally sends case numbers for Pretoria and East London to General Khan and discusses legal contacts relating to his mother’s case.
“On the 27th of May 2023, Mr Vally sends some case numbers. He says: "Morning bru. Mom." And he sends what looks like a case number for Pretoria and another case number for East London. ... General Khan says: "Waiting to see the boss to discuss Jazakallah. Salam big bro. The case in Pretoria Central to be heard in August. Old lady's case."”
On 15 April 2022, Mr Vally and General Khan discuss a person involved in a fraud position and plan to make a criminal complaint or charge disappear.
“At the top of 5488, this is on the 15th of April 2022, says: "Because in position of fraud PRP they are saying." General Khan says: "Salams bro. Did that person come home today?" ... General Khan says: "We just have to make it disappear now."”
General Khan agrees to do something to sort out Mr Vally's mother's legal case in Pretoria Central scheduled to be heard in August.
“The case in Pretoria Central to be heard in August. Old lady's case. ... The suggestion in this exchange is that General Khan is going to do something to sort out Mr Vally's mother's problems with this case that is in Pretoria.”
General Khan appears to be assisting Mr Vally in sorting out problems with Mr Vally’s mother’s legal case in Pretoria in August 2023.
“General Khan is going to do something to sort out Mr Vally's mother's problems with this case that is in Pretoria. ... The case in Pretoria Central to be heard in August.”
In June 2021, Mr Sayed forwards six messages purportedly from Mr Malema to General Khan, including a photograph that was deleted and an Operation Dudula poster threatening to remove illegal foreigners by force.
“At the 10th of June 2021 Mr Sayed forwards to General Khan six messages which he says come from Mr Malema. The first one was a photograph of a person that has been deleted and that is no longer legible. The second was a picture of an Operation Dudula poster, in which Operation Dudula was threatening to remove all illegal foreign nationals by force and was calling for a meeting on June 16 2021 and had the threat underneath: "If you are operating illegally, you better pack and leave before 16 June."”
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, on 10 June 2021, sends to General Khan five forwarded messages with the same timestamp, asking if a person must be arrested that night, indicating instruction from Mr Malema.
“He forwards: "Must I tell the General? Must be arrested tonight? Yes." So those are five messages that are forwarded messages with the same timestamp, and then Mr Sayed explains: "From Juju."”
On 11 June 2021, General Khan sends draft questions for the Inspector General of Intelligence relating to a convicted drug dealer and a close friend.
“On the 11th of June at message time: 51:47 General Khan sends to Mr Sayed draft questions for the Inspector General of Intelligence ... "Convicted drug dealer and member in the agent program ... claims to be close friends with you. Is this true? Do you take instructions from this person ... What gratification does the Inspector..."”
Mr Sayed was asked by Mr Malema to forward messages to General Khan indicating a person must be arrested that night.
“Mr Sayed is communicating that he has been asked by Mr Malema to forward the first five messages to General Khan ... He forwards: "Must I tell the General? Must be arrested tonight? Yes." ... Mr Sayed explains: "From Juju." ... A subsequent message says: "Okay, done."”
General Khan drafted questions for the Inspector General of Intelligence concerning a convicted drug dealer allegedly close to Mr Vally.
“General Khan sends to Mr Sayed draft questions for the Inspector General of Intelligence ... "Convicted drug dealer and member in the agent program ... claims to be close friends with you. Is this true? Do you take instructions from this person as he alleges he has a close relationship with you? What gratification does the Inspector ...”
General Khan coordinated with Mr Malema through Mr Sayed to send questions to the Inspector General in Parliament via the Economic Freedom Fighters (EFF).
“General Khan has prepared, which he is going to essentially ask Mr Malema to arrange to be put to the Inspector General in Parliament through the EFF”
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”
Draft questions to the Minister of Police inquire about any relationship with convicted druglord Timmy Marimuthu and alleged discussions involving Crime Intelligence and removal of General Jacobs as Head of Crime Intelligence.
“Questions to Minister of Police ... Do you have any relationship with convicted draglord Timmy Marimuthu ... discussed Crime Intelligence matters ... removal of General Jacobs as Head of Crime Intelligence?”
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?”
The purpose of the questions is to trap the Inspector General into lying in an answer to Parliament and orchestrate his removal because he lied.
“The purpose of these questions is not to establish whether the Inspector General has a relationship of any nature with Timmy Marimuthu, rather it is to trap the Inspector General into lying in an answer to Parliament and then to use the fact that he will have lied to orchestrate his removal.”
General Khan explicitly stated that the purpose of the questions was to trap the Inspector General into lying so that Khan could then ask for his removal based on the lie.
“This should get him to lie and in return we can ask for his removal because he lied.”
Mr Sayed and General Khan exchanged messages agreeing that the Inspector General would deny the allegations and thus be 'effed' (removed).
“He is going to deny it and then he is effed. Bye bye P ... Big P.”
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 Malema was involved in the formulation and forwarding of questions to the Inspector General of Intelligence about his relationship with Timmy Marimuthu and discussions on crime intelligence matters.
“Mr Sayed then sends a screenshot of his exchanges with Mr Malema, which show that the formulation of the question to the Inspector General of Intelligence came from Mr Malema.”
The formulation of the questions to the Inspector General came from Mr Malema.
“The formulation of the question to the Inspector General of Intelligence came from Mr Malema.”
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 ...”
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 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”
General Khan and Mr Malema used their positions within the EFF and their relationship to attempt to trick Inspector General Dintwe into lying, potentially to have him removed from office.
“General Khan saw this as an opportunity to use Mr Malema's position within the EFF to attempt to trick the Inspector General into a lie that may provide a basis for having him removed”
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 Malema complained about a threat of lawlessness by Operation Dudula and called for action to be taken.
“Mr Malema essentially complains about a threat of lawless action by Operation Dudula on the 10th and calls for action to be taken”
General Khan used his relationship with an alleged tobacco smuggler to plant questions to the Inspector General through the EFF, aiming to trap the Inspector General in a lie to facilitate his removal.
“what he did was he used his relationship with an alleged tobacco smuggler to plant questions to the Inspector General through the EFF in the hope of trapping the Inspector General in a lie to Parliament”
Mr Malema sends a complaint about a threat of lawless action by Operation Dudula on the 10th and calls for action, with General Khan following up the next day with a question for the Inspector General, appearing as a quid pro quo exchange.
“Mr Malema sends essentially a complaint about a threat of lawless action by Operation Dudula on the 10th and calls for action to be taken. Then next day, General Khan writes back with a question for the Inspector General. It has the appearance of a quid pro quo”
General Khan used Mr Malema's position within the EFF to attempt to trick the Inspector General of Intelligence into lying as a basis for his removal.
“General Khan saw this as an opportunity to use Mr Malema's position within the EFF to attempt to trick the Inspector General into a lie that may provide a basis for having him removed”
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”
General Khan may have obtained the information behind the questions to Inspector General Dintwe by virtue of his position and used it inappropriately.
“General Khan may well have obtained the information behind these questions by virtue of his position ... and then he is using that information inappropriately”
Mr Sayed belongs to a company that has engaged in fraudulent and corrupt activities historically, and is allegedly continuing such activities; thus he is not an appropriate person for General Khan to engage with on such matters regardless of personal relationship.
“Mr Sayed belongs to a company which on its own admission has been engaged in fraudulent and corrupt activity historically which is alleged to, and tax evasion, and which is alleged to be continuing to do that at the time that this is happening and he is not an appropriate person for General Khan to be engaging with in relation to matters of this nature whatever their personal relationship”
General Khan may have obtained sensitive information behind the questions by virtue of his position as an intelligence police officer and is potentially misusing such information inappropriately.
“General Khan may well have obtained the information behind these questions by virtue of his position... and then he is using that information inappropriately”
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”
General Khan's participation in a meeting with the Inspector General and Mr Marimuthu, involving sensitive Crime Intelligence issues, was improper as such information should not be shared regardless of personal relationships or political affiliations.
“If General Khan was in this meeting with the Inspector General and Mr Marimuthu, those are Crime Intelligence issues that are sensitive. They are not to be shared with just anybody whether they are your friends or acquaintances... leave aside the political party”
General Khan, Mr Marimuthu and the Inspector General had a meeting together, and the intent was not about Khan using his surveillance capacities to find something but rather hoping the Inspector General would lie when questioned in Parliament regarding Mr Marimuthu.
“What we have seen is a press report purporting to quote him on this issue, and what he says is that he and General Khan together had a meeting with Mr Marimuthu, in which event what this process would have been about is not about General Khan using his Crime Intelligence surveillance capacities to find something out about the Inspector General, but actually having had a meeting with the Inspector General and Mr Marimuthu, and hoping that because he was not present at the Joint Standing Committee on Intelligence when pushed in relation to an issue regarding Mr Marimuthu, the Inspector General would lie”
General Khan and Mr Marimuthu had a meeting with Inspector General Dintwe, aiming to have Dintwe lie regarding an issue connected to Mr Marimuthu, as Dintwe was not present at a relevant committee event.
“General Khan together had a meeting with Mr Marimuthu ... hoping that because he was not present at the Joint Standing Committee on Intelligence ... the Inspector General would lie”
The meeting involving General Khan, Inspector General Dintwe, and Mr Marimuthu concerned sensitive Crime Intelligence issues which should not have been shared with just anybody regardless of their relationships or profession.
“If General Khan was in this meeting with the Inspector General and Mr Marimuthu, those are Crime Intelligence issues that are sensitive. They are not to be shared with just anybody, whether they are your friends or acquaintances”
On 15 June, General Khan sent a draft question via Mr Sayed to Mr Malema related to the complaint in a Sandton case numbered 79/07/2019, including a screenshot from SAPS computerized case database identifying the complainant as Mr Rooplal.
“on the 15th ... General Khan has sent this draft question to the Inspector General, to Mr Malema through Mr Sayed ... Mr Sayed forwards a request from Mr Malema ... to know the complaint in case number Sandton case 79/07/2019 ... General Khan responds very promptly ... he has got onto the SAPS computerized database of cases ... he sends what looks like a photograph or a screenshot ... which identifies the complainant as Mr Rooplal”
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”
Mr Roopal was the curator of the VBS Bank and related fraud case instituted in Sandton in July 2019.
“Mr Roopal was the curator of the V B S B a n k a n d t h a t c a s e , S a n d t o n c a s e 7 6 / 0 7 / 2 0 1 9 , w a s a c a s e t h a t h e h a d i n s t i t u t e d i n r e l a t i o n t o f r a u d s c o n c e r n i n g t h e V B S B a n k”
Mr Malema has been implicated in the VBS Bank scandal and in the plea explanation affidavit of former VBS Chair Mr Matodzi, who pleaded guilty and was sentenced to 15 years imprisonment for his role in the scandal.
“Mr Malema has been implicated in the V B S B a n k s c a n d a l . H e i s i m p l i c a t e d i n t h e p l e a e x p l a n a t i o n a f f i d a v i t o f t h e f o r m e r V B S C h a i r , M r M a t o d z i , w h o p l e a d e d g u i l t y a n d w a s s e n t e n c e d t o a n e f f e c t i v e 1 5 y e a r s o f i m p r i s o n m e n t f o r h i s r o l e i n t h e s c a n d a l”
Mr Matodzi stated in his plea explanation affidavit that he paid bribes of millions of rands to Mr Malema and Mr Floyd Shivambu to buy political protection from the EFF to protect VBS when enquiries were starting.
“he had paid bribes of millions of rands to Mr Malema and to Mr Floyd Shivambu in the guise of making donations to the EFF”
General Khan sent Mr Roopal's name and address to an unspecified recipient, which was not authorised.
“General Khan sends through not only Mr Roopal’s name ... but also his address, which was not even asked for”
General Khan sent through not only Mr Rooplal's name but also his address, which was not asked for, in relation to the VBS Bank fraud case, which was an illegal favour in return for a favour suggesting political interference to protect Mr Malema.
“General Khan sends through not only Mr Rooplal’s name, which appears from the screen, but also his address, which was not even asked for...it has very much the appearance of a favour in return for a favour, an illegal favour in return for a favour.”
Mr Matodzi stated in his plea explanation affidavit that he paid bribes of millions of rand to Mr Malema and Mr Floyd Shivambu in an attempt to buy political protection from the EFF regarding the VBS scandal.
“he stated in his plea explanation affidavit that in an attempt to buy protection, political protection, from the EFF for VBS, when enquiries were starting to be made in relation to VBS, in an attempt to buy political protection from the EFF, he had paid bribes of millions of rands to Mr Malema and to Mr Floyd Shivambu in the guise of making donations to the EFF.”
Mr Rooplal was the curator of the VBS Bank fraud case and Mr Malema has been implicated in the VBS Bank scandal through a plea explanation affidavit by former VBS Chair Mr Matodzi, who pleaded guilty and was sentenced to 15 years imprisonment for his role in the scandal.
“Mr Rooplal was the curator of the VBS Bank and that case, Sandton case 76/07/2019, was a case that he had instituted in relation to frauds concerning the VBS Bank. Now, Mr Malema has been implicated in the VBS Bank scandal. He is implicated in the plea explanation affidavit of the former VBS Chair, Mr Matodzi, who pleaded guilty and was sentenced to an effective 15 years of imprisonment for his role in the scandal.”
General Khan wanted Mr Malema to organise questions to the Inspector General, appearing as an illegal favour in return for a favour.
“happening when it did, in the midst of this exchange in relation to questions to the Inspector General, which General Khan wanted Mr Malema to organise, it has very much the appearance of a favour in return for a favour, an illegal favour in return for a favour”
General Khan forwarded to Mr Sayed a disciplinary notice addressed to him by the then Divisional Commissioner of Crime Intelligence, alleging Khan exceeded his authority and performed unauthorised acts under his delegation.
“General Khan forwards to Mr Sayed a disciplinary notice that has been addressed to him by the then Divisional Commissioner of Crime Intelligence ... actually exceeded his authority and performed acts that he was not entitled to do purportedly under that delegation”
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”
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 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”
Mr Sayed sent General Khan Mr Malema's contact card on 26 August 2021, suggesting until then General Khan had no direct contact details of Mr Malema.
“On the 26th of August, at 6 3 5 6 , Mr Sayed sends General Khan a contact card for Mr Malema ... up to this point was not able to contact Mr Malema directly, but now General Khan has received Mr Malema's contact details from Mr Sayed”
Mr Sayed sent General Khan a voice note on 5 December 2021 reporting Juju called and things are progressing nicely and will happen for sure.
“On the 5th of December, Mr Sayed sends General Khan a voice note ... 'Juju called me now. He says that your things are coming along very, very nicely. It is moving along very rapidly. I will just give it some time, but it is going to happen for sure.'”
General Khan was 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.”
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'.”
There is an implication of a quid pro quo favour relationship between General Khan and Mr Malema related to the disciplinary issues and communication delays.
“What we see is another suggestion of a quid pro quo with Mr Malema in relation to this episode... General Khan asks Mr Sayed to hold off informing Mr Malema on the 30th of July. That seems to have changed after the disciplinary problems leaked to the media...”
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.'”
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.”
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.'”
Bertobrite's tender relates to a company allegedly linked to corrupt tenders paying amounts to companies linked to EFF leader Mr Malema.
“Bertobrite has already appeared in the press in relation to an allegedly corrupt tender that it procured in Tshwane on the basis of paying amounts to the EFF ... linked to Mr Malema”
Bertobrite has already appeared in the press in relation to an allegedly corrupt tender procured in Tshwane by Mr Kganyago, who is linked to Bertobrite and is alleged to have paid 15 million to three companies linked to EFF leader Mr Malema.
“Bertobrite has already appeared in the press in relation to an allegedly corrupt tender that it procured in Tshwane on the basis of paying amounts to the EFF. ... It relates to Bertobrite, it relates to a tender in Tshwane by Mr Kganyago who is linked to Bertobrite and who is alleged to have paid 15 million to three companies linked to EFF leader, Mr Malema.”
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.”
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.”
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.”
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.”
There were media allegations in July 2021 that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.
“In July 021, there were allegations in the media that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.”
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.”
There were allegations in the media in July 2021 that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.
“In July 2021, there were allegations in the media that Bertobrite secured a fuel tender in the City of Tshwane by paying bribes to the EFF.”
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.”
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 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.’”
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 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 responded to the Judicial Commission of Inquiry notice indicating that evidence implicating him largely consists of purported WhatsApp chats between General Khan and Mr Sayed whose authenticity he cannot confirm.
“My name is Julius Sello Malema, MP. This serves to respond to the Rule 3 notice ... 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 being implicated by paragraph 55 of the affidavit concerning the Carnilinx relationship with the EFF and denies conspiring to orchestrate the removal of Dr Dintwe.
“I do not see how the contents of this paragraph implicate me... I deny that I conspired to orchestrate the removal of Dr Dintwe.”
Mr Malema denies that the content of paragraph 55 of Mr Nyatho's affidavit implicates him, requesting clarity on how he is implicated and asserting he cannot meaningfully respond without that clarity.
“I do not see how the contents of this paragraph implicate me. It is also not apparent in the notice and Mr Nyatho's affidavit extract. This matters, because I was required to respond to material that implicates me. This is a proper qualification by the Commission lest I am asked to deal with personal material that falls outside the terms of reference of the Commission's work and having no bearing on its fact-finding mission. Absent clarity on how I am implicated by this paragraph, I am in no position to meaningfully respond in my defence.”
Mr Malema stated publicly that Mr Mazzotti, CEO of Carnilinx, donated funds that helped register the EFF, and also clarifies an under-lease agreement involving his wife and a property in the same precinct as Mr Mazzotti's.
“As an example, I voluntarily stated at the EFF 10th year celebration event, which was perhaps the most widely publicised EFF event, that Mr Mazzotti, who is the CEO of Carnilinx, donated funds that helped register the EFF. It is also a matter of public record that my wife used to reside at a property that is in the same complex precinct at Mr Mazzotti, under a lease agreement. I place underlining emphasis under lease agreement...”
Mr Malema states he regularly receives information relevant to his work as an MP from various sources, both covert and public, and that paragraph 55 is not an invitation to him.
“I regularly receive information from various sources, some covert, some public, that relate to my work as a Member of Parliament. Such this paragraph is not an invitation to me.”
Mr Malema freely states that Mr Mazzotti, CEO of Carnilinx, donated funds that helped register the EFF, and that his wife lived at a property leased from Mr Mazzotti, contrary to media claims that she stayed there for free.
“As an example, I voluntarily stated at the EFF 10th year celebration event... that Mr Mazzotti, who is the CEO of Carnilinx, donated funds that helped register the EFF. It is also a matter of public record that my wife used to reside at a property that is in the same complex precinct at Mr Mazzotti, under a lease agreement... I place underlining emphasis under lease agreement... in contrast to other media reports and claims that I stayed there gratuitously.”
Mr Malema denies conspiring to orchestrate the removal of Dr Dintwe and states he regularly receives information related to his parliamentary work from various sources, hence the paragraph is not an invitation to him.
“I deny that I conspired to orchestrate the removal of Dr Dintwe. In any event, I regularly receive information from various sources, some covert, some public, that relate to my work as a Member of Parliament. Such this paragraph is not an invitation to me.”
The witness seeks information on the work of public service officials tasked with accountability, denying any implication or unlawful conduct on their part.
“I have a task of holding to account ... I deny any inference of the contents ... to the extent that they infer any unlawful conduct on my part”
The witness denies any Bertobrite bribery of the EFF.
“To the best of my knowledge, I deny any Bertobrite bribery of the EFF”
Mr Malema denies any unlawful conduct or bribery related to Bertobrite or the EFF.
“I deny any inference of the contents of these paragraphs to the extent that they infer any unlawful conduct on my part. To the best of my knowledge, I deny any Bertobrite bribery of the EFF”
General Mkhwanazi shared investigations about the murder of the popular artist AKA.
“I have met with General Mkhwanazi who shared with me the investigations about the murder of a popular artist known as AKA”
The witness has met with General Mkhwanazi who shared investigations about the murder of the popular artist AKA.
“I have met with General Mkhwanazi who shared with me the investigations about the murder of a popular artist known as AKA”
Mr Malema denies conspiracy and denies bribery claims by Bertobrite.
“Mr Malema has answered 1.1, and he denies a conspiracy... 1.4, he denies bribery by Bertobrite”
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”
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 explains his role in holding public officials to account.
“he explains the role that he plays in holding public officials to account”
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”