Witness: Major General Khan. Evidence Leader: Adv A Hassim SC.
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Lieutenant General Khan had a conversation with a Crime Intelligence officer from KwaZulu-Natal, referenced in a media article about Crime Intelligence.
“one of the chats that I raised in relation to General Khan's conversation with a Crime Intelligence officer from KZN”
The Daily Maverick published an article by journalist Ms Marianne Thamm concerning then Crime Intelligence boss Lieutenant General Peter Jacobs.
“media article ... in the Daily Maverick by a journalist named Ms Marianne Thamm ... concerning the then Crime Intelligence boss... Lieutenant General Peter Jacobs”
Lieutenant General Khan responded to the Daily Maverick article saying the journalist is a good friend of Jacobs and Veary and stated that counter news must be activated on the journalist's report.
“response from General Khan was, this journalist is a good friend of Jacobs and Veary ... And then the officer replies: “It is clear as all articles are written by a single journalist, counter needs to be activated on this journo.””
Journalist Ms Marianne Thamm was the victim of a house break-in in March 2021 in which two of her laptops, a personal MacBook Pro, an iPad and jewellery were stolen.
“Ms Thamm was the victim of a house breaking in which two of her laptops were stolen ... A personal Mac Book Pro ... An iPad ... and a handful of jewellery”
Ms Thamm reported the house break-in to the Claremont police who registered the case but no further detection was possible.
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The housebreaking incident occurred less than two months after a disturbing exchange, within a context of attacks on journalists, warranting investigation into whether General Khan or other officers took any steps afterward.
“It was less than two months between the exchange and then this event ... it warrants investigation also into whether General Khan or the other officer took any steps after the house breaking”
There is an alarming sequence linking the January 17, 2021 article by Ms Thamm and the March 13, 2021 house break-in which requires further investigation.
“This incident alone is not ... conclusively linked to the WhatsApp exchange ... But thesequence is alarming ... It cannot just be a coincidence ... I think it needs to be referred.”
A senior Crime Intelligence officer informed another member that a journalist appears to favour particular senior police officers, including General Khan's superior Lieutenant General Peter Jacobs, and suggested a counter was needed against the journalist.
“you have a senior Crime Intelligence officer informing another member ... that a journalist appears to favour particular senior police officers ... that is Lieutenant General Peter Jacobs ... the response from the other member is ... we need to do a counter”
Crime Intelligence is being used to mobilize resources against journalists who report unfavorably, which is not a lawful policing objective and reflects a dangerous misuse of intelligence capabilities.
“there is a willingness to use intelligence ... against a journalist who you are not comfortable with their reporting ... it is not a lawful policing objective”
There is no evidence that General Khan said to prevent counter-actions against journalists or to stop the other officer from taking steps that may be inappropriate.
“there is no evidence that General Khan said no ... do not do that kind of thing, or trying to prevent him from taking any ... steps that maybe inappropriate”
The use of Crime Intelligence to target journalists for factional or retaliatory purposes shows the safeguards are not working, especially when senior officers or their allies contemplate such measures.
“where senior officers or their allies can even contemplate using such measures ... the safeguards are not working”
An appropriate response to journalists getting things wrong is to correct the information via editorial or press ombudsman channels, not to activate a counter against the journalist.
“journalists do get things wrong ... the appropriate response would be to correct the information ... to the senior editor, to the Press Ombudsman ... there are institutional responses that are more appropriate than activating a counter against a journalist”
The name of the individual mentioned in the context of intelligence targeting is withheld at this stage to avoid risks associated with exposing it publicly.
“I will establish whether there are any real risks in exposing the name publicly or not ... not at this stage”
The journalist believes her housebreak was linked to her writing about Crime Intelligence surveillance of journalists, but the affidavit does not confirm the break-in was due to chat conversations.
“this journalist believes that the break-in was linked to her writing stories about Crime Intelligence surveilling journalists ... she does not say that at all ... she was not aware of the conversation until recently”
The housebreaking incident was not publicized in the media.
“was this incident publicised in the media? This particular housebreaking incident, I do not”
There is no evidence General Khan knew about the housebreaking incident, and establishing whether he did is important before attributing any implications to him.
“if you want to make something of whether or not General Khan said anything ... you first have to establish that he would have known of the incident”
There is extensive reporting on Crime Intelligence and attacks on journalists which appear to come from Crime Intelligence, with the sequencing and timing warranting further investigation.
“there is a lot of reporting that was taking place on Crime Intelligence ... and then there are attacks ... all of it together is the context ... the sequencing is relevant ... it bears ... warrants further investigation”
If General Khan were present to testify, the questions about his knowledge of the housebreaking would be addressed.
“If General Khan were here ... the first thing would be to establish what he knew around the incident”
Absence of objective facts prevents drawing conclusion or inference about General Khan's distancing himself from the housebreaking incident.
“In the absence of any objective facts to that point, then we would not be able to draw that conclusion or make that inference”
General Khan has not yet provided instructions to the commission and has been described as responsive but unable to converse with counsel.
“We are not yet favoured with instructions from General Khan ... he is responsive and there is signs of improvement, he is unable to converse with me”
Objection is raised regarding incremental disclosure of evidence to the Commission without proper prior notice, which is seen as unfair and resembles an ambush.
“we have no instruction on this ... additional evidence outside of this small bundle here ... we have to object ... object to the manner in which this incremental disclosure is coming about”
The Commissioners and Chairperson are urged to postpone the matter until Ms Hassim confirms that all evidence and documents are in order, ensuring fairness especially given General Khan's current health issues.
“Ideally, Chairperson and Commissioners, this matter must be postponed until such time as Ms Hassim tells us that the house is in order, this is the bundle”
Ms Hassim asserts that the Commission is an investigative inquiry, not a trial, and that new evidence including an affidavit was only obtained late yesterday, preventing earlier disclosure to Mr Vally.
“this is a Commission of Inquiry ... The affidavit that was presented to the Commission this morning was only obtained yesterday, late yesterday. I could not have provided it to Mr Vally any sooner”
The affidavit was commissioned and dated 5 July 2026 and that is the official stamp of the Commissioner of Oaths.
“I notice the date of commissioning is 5 July 2026, according to the stamp ... It is dated and stamped by the Commissioner yesterday”
Mr Vally and his employee were involved in preparing and submitting bidding documents for a tender on autoparts via WhatsApp chats where he sent screenshots and communications to General Khan.
“Mr Vally says: “We will be ready with the file by next week, 24th, and pricing.”... a forwarded message from one of his employees, which he sends to General Khan... a screenshot of the cover of the file, which is the bidding documents ... tender documents that will be submitted by the company, Kaizen MSD, Kaizen Motor Spares.”
General Khan acknowledged receipt of the bid documents with a thumbs-up emoji in the original chats, but the emoji did not appear in the printouts of the bundles produced for the commission.
“Immediately below the screenshot of the front page is a response from General Khan with a thumbs up... the emojis did not print in the bundles... on the original, it is there.”
There is concern about the possibility of changes to WhatsApp chat transcripts (like adding or removing emojis) between the original and bundled forms, requiring technical verification to confirm authenticity.
“To avoid an accusation that you can add and remove things from chats ... we need to get a better explanation of what happened with this specific chat.”
On 12 July 2021, Mr Vally sent messages to General Khan about checking the National Treasury website for publication of tender bidder lists and that no information was yet available; he considered visiting the bid department in person.
“Mr Vally says: “... still nothing on there, sir. I even tried calling from this morning as well, sir. No picking up the phones.”.. “I think maybe tomorrow I should take drive to the office and speak to the person that run the information bid department.””
On 26 July 2021, Mr Vally sent General Khan a list of the 23 bidders for the autoparts tender, including his own company Kaizen MSD at number 13 and competitor AHK Motorspares at number 2, which was a publicly published National Treasury document.
“Mr Vally sends General Khan a list of the bidders for the autoparts tender ... a list of 23 submissions ... Mr Vally's submission is at number 13, Kaizen MSD... At number 2, you will see AHK motor spares ... It is a National Treasury document, published publicly.”
General Khan commented negatively about competitor AHK Motorspares calling them greedy, while Mr Vally responded that AHK is dominating Cape.
“General Khan responds to this, saying: “Okay, he is greedy.” Mr Vally then replies: “He is killing it in Cape, bro.””
Mr Vally advises not to put the money back into the system, implying skimming or tax evasion, and General Khan agrees with the statement, indicating collusion.
“Mr Vally says: 'Then we stash that money, you and I. Do not put back into system.' And General Khan responds: 'I am not mad.' Mr Vally says: '100 percent, billed elsewhere.' General Khan replies: 'Definitely.'”
Mr Vally says, 'Inshallah, we get SAPS deal' on 29 July 2021, indicating an expectation to secure a contract with South African Police Service.
“29 July 2021 at 7.41 in the evening, Mr Vally says: 'Inshallah, we get SAPS deal.'”
The phrase 'putting back into system' possibly means either diverting money away from the official system to benefit certain partners or constitutes tax evasion through skimming.
“On what putting back into system means: 'One is that the system is a system, a network of their partners and business arrangements... The other is, do not put it back into the system, meaning tax evasion. So that there is a form of skimming in the project so that it does not all get back into the fiscus.'”
On 20 August 2021, Mr Vally asks if their contact is all on track and if they will receive a good slice, implying a query about receiving benefits from the contract award.
“On the 20th of August, halfway down the page, Mr Vally asks: 'Bro, what did our man say ? Is all on track ? Will we win a good slice ?'”
On 5 August 2021, General Khan was in communication about when Treasury would award a contract, indicating involvement in influencing procurement progress.
“On the 5th of August, at the top of the page, Mr Vally says: “How long do you think before Treasury awards?” General Khan responds: “I am with our friend now. I will ask.””
The letter points to missing information related to accredited distributors and requires confirmation from manufacturers for parts or tools as per the contract bidding document clause 6.1.
“Basically what the letter refers to is missing information in relation to distributors and the letter says should they be accredited distributors... Please provide us with confirmation from manufacturers of the parts or tools in question as per the above mentioned clause.”
On 6 September 2021, Mr Vally sends General Khan a letter from the Acting Chief Director for Transversal Contracting with National Treasury citing missing documents required.
“On 6 September 2021, 5336, what you see on this page is that Mr Vally sends General Khan a letter from the acting Chief Director for Transversal Contracting with the National Treasury and what the letter says is that there are missing documents that they require them.”
The bidding documentation SBD 6.1 was not fully complete in the bid submission, specifically missing item numbers or item descriptions for AutoX.
“It was noted that the following documentation (SBD 6.1) was not fully completed in your bid submission... AutoX did not include the item number or item description.”
Mr Vally states that SBD 6.1 was in fact filled in properly and argues they need to respond to the National Treasury's nit-picking.
“Mr Vally says: 'Bro, it seems they are nit-picking. We need to reply. 6.1 was filled in proper.'”
Mr Vally instructs trusted employee 'Gonnie' to draft a letter in response to the National Treasury query.
“Mr Vally says: 'Can I have Gonnie at the table tonight, bro? He will draft letter. Gonnie is very trustworthy and quiet.'”
Mr Vally and General Khan coordinate meetings and updates about bid adjudication from September to October 2021, indicating ongoing involvement in procurement process manipulation.
“From 8 September 2021 to 17 September 2021 and then to 28 September 2021 and up to 21 October 2021, messages between Mr Vally and General Khan discuss meetings to adjudicate bids and inquire about progress and slices.”
General Khan receives insider information from someone in Procurement, probably Mr Fani, about upcoming bid adjudication meetings.
“General Khan got this from somebody inside Procurement, probably Mr Fani, saying that they are now going to be adjudicating the bid.”
The metadata accompanying the electronic bundle distinguishes between forwarded and original messages, facilitating cross-checking the message origins.
“It is quite voluminous to produce the whole set of that metadata but it would be very easy for us to cross check to see that these are indeed the forwarded messages or not.”
The metadata is prepared for questioning witnesses and is part of the Commission's records.
“The metadata is in the bigger files that are with the Commission, so it is part of our record”
A chat on 16 November 2021 shows General Khan saying to Wslmbro that he is with their man who wanted to speak to him; the communications involve multiple devices and forms between General Khan and various individuals.
“So we are at page 5390 and its starts at the top of the page with General Khan saying on 16 November 2021: “Wslmbro, I am with our man. He wanted to speak to you.” Nothing further on this particular chat in relation to that. And I will just say, Chair, as I did on Friday, that there is more than one device that is used in the communications and there is more than one form of communication that takes place between General Khan and various individuals.”
The tender adjudication process involves discussions that may include persons within National Treasury, with information being passed that is not publicly available.
“The point I am making about it is that on the face of it, it suggests that someone else who is reporting, this person who is reporting, or who is forwarding this text, in fact has got another person that they are talking to, possibly in National Treasury, who is giving them this kind of information, because this does not look like publicly available information.”
General Khan is discussing tender logistics and progress with an insider in Treasury, linked to Mr Fani who was involved in preparation of tenders.
“What happens is that Mr Vally receives information, he then goes to General Khan and he says, you know, will bro ask your guy? Our guy, in fact. Oh no, your guy. ... I will show in the course of this text that at least one of the guys inside Treasury that they are talking to is Mr Fani.”
General Khan and Mr Vally are discussing a tender where one bidder claims they have won the contract; General Khan uses coded language acknowledging this.
“General Khan responds at 12.29 ... He says: 'Wslm. Balls.' And Mr Vally responds: '100 percent.' ... The next messages say: 'Love this, and especially that AHK ok e …' ... General Khan says: 'Big one.'”
General Khan refers to competitor AKH (AHK) whom Mr Vally described as greedy.
“Mr Vally says, 'Do you know those guys, AKH?' ... General Khan said he is greedy.”
On 22 November 2021, General Khan and Mr Vally discuss an imminent tender award with positive implications.
“On 22 November 2021 Mr Vally asks ... 'Will big bro see if they are going to award this month, please.' General Khan responds: 'Yes, bro.' Mr Vally says: 'And landed cost is mad.' General Khan says: 'That is going to give us a boost.' Mr Vally responds: 'Bro can make us solid.' General Khan responds: 'Inshallah.'”
General Khan is involved in the spare parts business and has several spare parts stores and two separate companies dealing in auto parts.
“This is the subject of the next chapter I will be dealing with, which is General Khan’s financial disclosures. He has several spare parts stores. ... And two separate companies that deal in auto parts.”
General Khan is not a formal shareholder or director in Kaizen MSD, the auto parts business linked to the tender discussed, nor a partner in the bidding business.
“He is not a formal shareholder in Kaizen MSD or a director or anything like that, no.”
General Khan is considered a beneficiary of a company, but not directly as a member; rather, indirectly through other means.
“General Khan being one of the beneficiaries ... But the beneficiary is not going to be a - it is not straightforward. It is not you are a member of the company.”
Between November 2021 and February 2022 there were ongoing WhatsApp chats discussing a tender related to RT45 auto parts, including pricing and meeting arrangements involving General Khan and Mr Vally.
“Mr Vally asks, halfway down the page, he says: “Will bro trouble your man? See how we looking?” General Khan responds... 'Please see what your man says about progress on big one' ... I interpret to mean the RT45 auto parts tender ...”
General Khan said some provinces (Eastern Cape, Limpopo, and Northern Cape) did not submit prices in a transversal tender for SAPS, intending to rectify it later by finding ways to increase prices.
“General Khan at the top of the page says: “Eastern Cape, Limpopo, and Northern Cape prices were not submitted. We should have.” ... “We were too cheap, but we must find a way to upprice later.””
Mr Vally and General Khan repeatedly asked about the progress of the tender award and discussed applying for price increases due to delays.
“Mr Vally says immediately: “We must apply for price increase as soon as we get tender, because it has been delayed too long.” ... keeps asking about when is the award, have there been any news?”
It is improper and suspicious that meetings took place between Mr Fani, a bidder, and a senior supply chain person from the department while a bid was being evaluated.
“On its face, it appears to be improper that while a bid is being evaluated and you are one of the bidders, you are having meetings with a senior supply chain person in the very department.”
There are questions about Mr Fani's role, whether he appoints committee members or influences the tender evaluation, which need to be answered.
“Does he appoint, for example, the people who sit in various committees? What exactly is his role? ... How else do you explain the various requests for meetings with him?”
Meetings and conversations between Mr Fani and Treasury are clearly improper.
“One is the conversations with somebody in Treasury, that is clearly improper.”
General Khan has an interest in how the tender is evaluated and appears to have information that only an insider would have.
“This communication from General Khan suggests that he does have an interest in how this tender is evaluated ... there is information that you could only have if you were talking to somebody inside.”
It should be established if Mr Fani is part of the committee evaluating the tender, as he has access to insider information about missing provincial prices that needs rectification.
“... it certainly is information that he has access to.”
It is necessary to find out if Mr Fani declared an interest in the tender and confirm the requirements for such declaration given his apparent interest.
“I think one of the questions that would have to be asked of him is whether he declared an interest and I think it is advisable that we know what is the requirement.”
The tender contract concerns SAPS and General Khan is a senior member of SAPS, creating a conflict of interest regarding the tender evaluation and award.
“The second is the fact that you are a senior member of the SAPS, this contract concerns the SAPS.”
General Khan is involved in the spare parts business which creates a conflict of interest that requires investigation.
“General Khan himself is in the spare parts business and there is a conflict of interest concern that arises there that, again, would be up for investigation”
On 24 February 2022, a price increase application was needed and applied for across all regions for a tender.
“24 February, the exchange was needing to apply, already anticipating that we are going to need to apply for a price increase on the tender ... He says: “Bro, we applied and priced all regions, every region.””
On 7 March 2022, a contract was awarded to two bidders: All Part (Pty) Ltd and Kaizen MSD, the latter being Mr Vally's company.
“General Khan sends Mr Vally a copy of the Treasury letter recommending the appointment of Kaizen MSD ... the contract was in fact awarded, on the 7th of March 2022 ... two of those list of bidders that have been selected, awarded the contract. The first is All Part (Pty) Ltd, and the other is Kaizen MSD ... Kaizen MSD is Mr Vally's company.”
This contract was meant to run for 36 months and involved servicing and purchase orders with complaints noted during its course.
“There is more communication about servicing and getting purchase orders, and complaints about purchase orders, not enough etcetera ... this contract was terminated ... it was meant to run for 36 months.”
There was an unsuccessful legal challenge to the tender by other bidders which led to the eventual termination of the contract.
“There was a challenge from other bidders, unsuccessful bidders brought a legal challenge to this tender ... and that ... this contract was terminated.”
Kaizen MSD submitted a letter to National Treasury requesting variation of some contract terms due to COVID-related supply shortages of original equipment manufacturer parts.
“Letter from Kaizen to National Treasury ... request or a plea to vary some of the terms of the contract because of the COVID pandemic and the shortage of supply from parts that are meant to be, so basically OE, Original Equipment Manufacturer parts.”
The supply of required parts was delayed due to COVID pandemic and difficulties in importing these parts into the country.
“They are unable to obtain timeously because of the COVID pandemic and importation of these parts into the country.”
The SAPS vehicle parts procurement tender was done through National Treasury because it is a transversal contract covering multiple provinces and centralized there.
“This tender relates to SAPS vehicles but was done through the National Treasury ... because it is a transversal contract ... It is centralized in National Treasury and is for procurement for SAPS but across provinces.”
General Khan is a senior officer in the department being serviced through this tender, which compounds conflict of interest issues.
“General Khan is a senior officer himself in the department that is meant to be serviced through this tender.”
The purpose of the letter discussed was to change brands on some components to ensure supply rates during the COVID pandemic, potentially sourcing from suppliers other than original equipment manufacturers to bypass contractual terms.
“the purpose of the letter is clear... they would have to use original equipment manufacturer parts... what they are wanting to do here is to source it from other suppliers and he is trying to say they will get quality, but they cannot be bound to these terms in the context of the COVID pandemic”
There was a conversation on 30 March 2022 involving Mr Vally and General Khan about a rumor regarding pulling a region from All Parts, a competing bidder in a tender process.
“from Mr Vally, it is dated 30th March 2022 and Mr Vally says: “Rumour ATM... they want to pull a region from All Parts. Can they give us?” All Parts is the other successful bidder and yes, he is hearing that they want to pull a region”
General Khan instructed to 'make it disappear' concerning the above conversation, implying abuse of authority in relation to the tender or procurement process discussion.
“General Khan says: “We just have to make it disappear now.” ... that is important, but it concerns the theme of abuse of authority”
Brigadier Jugerdeson was away for six weeks in April 2022 and did not sign off on SAPS garage purchase orders, causing processing delays.
“Brigadier Jugerdeson has been away for six weeks and has not signed off on orders”
In April 2022, there were ongoing communications between General Khan and Mr Vally regarding processing delays in SAPS garage purchases due to Brigadier Jugerdeson being away and not signing off on orders for six weeks.
“We found out some info as to what the delay is on SAPS. Brigadier Jugerdeson has been away for six weeks and has not signed off on orders”
A Microsoft Teams meeting was arranged for 3 May 2022 with Peace Gumede and Zanele Mkhwanazi from Treasury and SAPS team to discuss SAPS garage's purchasing buyouts of items or categories not listed on the RT452021 pricing schedule.
“we are having a Microsoft Teams meeting on Tuesday, 3rd May 2022 at 9 a.m. with Peace Gumede and Zanele Mkhwanazi from Treasury and team from SAPS to discuss SAPS garage's purchasing buyouts (items or categories not listed on the RT452021 pricing schedule)”
General Khan urged attendance at the Microsoft Teams meeting regarding SAPS garage's purchasing issues, indicating its importance.
“General Khan responds at 7.13 p.m., saying: “Please attend, bro, it is important.””
Mr Vally forwarded a message to General Khan on 1 May 2022 stating the meeting went badly and that SAPS wants a retender for all the missed parts, representing 70% of the volume, essentially buyouts.
“Meeting went badly. Meeting went S-H-I-T. They want a retender for all the parts they missed. Basically buyouts, which are 70 percent of the volume.”
In April 2022, a tender was announced for the appointment of service providers for provision of reflective marking of SAPS vehicles for the period April 2022 to March 2025.
“an announcement of a tender for a contract for the appointment of service providers for provision of reflective marking of SAPS vehicles and that is for the periods, as you can see stated there, April 22 to March 2025”
General Khan and Mr Vally discuss an awarded contract to certain companies, and express concern and frustration over it.
“General Khan says to him no, or did not say no, he says: "This was awarded to the above companies." And then Mr Vally responds: "Oh, shit." And then General Khan replies, another disaster on the way and then Mr Vally says: "Yes, bro, they are effing it up."”
General Khan messages Mr Vally about getting backlash from market players on a tender related to Kaizen Motor Spares, and they plan a meeting to address it.
“General Khan sends a message to Mr Vally and the content of the message is as follows. "Grootman, I am getting lots of backlash from the market players on K. We need to regroup ASAP so that they give me info." Mr Vally replies: "Okay, bro, we can meet him."”
Mr Vally sends General Khan an email from Kaizen complaining to SAPS and Treasury about insufficient purchase orders, indicating contractual financial non-viability.
“Mr Vally sends General Khan a copy of an email from Kaizen to Ms Mkhwanazi, complaining to them, SAPS and Treasury, about not getting enough orders.”
The President Mr Ramaphosa approves the Just Energy Transition Framework, a move away from fossil fuels to sustainable energy, with a financial implication of $8.5 billion approved for this transition.
“Media announcement of the President, Mr Ramaphosa, approving the Just Energy Transition Framework, which is a move away from fossil fuels to sustainable energy sources. South Africa approves $8.5 billion plan to move away from coal.”
Mr Vally and General Khan plan a meeting with Mr Fani on July 13, 2022 to discuss price increases and buyouts related to a tender.
“Mr Vally says: "Can bro push to meet F?" and mentions two points to discuss: "1. Price increases please. 2, buyouts please." General Khan replies: "Okay, bro."”
General Khana engaged in communications with Mr Vally about a tender contested by several unsuccessful bidders involving companies AHK, Keegan's Jamie, and DAR, indicating collusion or coordination among these three companies.
“Mr Vally sends General Khana screenshot of the Notice of Motion ... He says: 'Do you have the affidavits he is referring to?' ... Mr Vally says: 'No, bro.' ... General Khan says: 'What did AHK get awarded?' ... Mr Vally responds immediately to say: 'No, marf, it is Keegan's Jamie partnering with AHK and DAR. Those three are all taking this on.'”
Mr Vally from Kaizen treated General Khana as a person who could unlock access to tender opportunities and facilitated modifications to tender specifications via contacts including Mr Molefe Fani in procurement.
“Mr Vally from Kaizen treats General Khana as a person who can unlock access ... General Khana arranged meetings with a contact within procurement and obtained information from that contact. That contact is Mr Molefe Fani. Mr Vally requested General Khan to modify the tender specifications ... to assist in the modification of tender specs.”
General Khana received procurement information during a live process, passed it to Mr Vally, and the two shared information on purchase orders and buyouts, discussing stashing money and making sure it does not enter the system, with ongoing engagement after tender award to make contract work.
“General Khana receives information during the procurement process ... receives information and passes it on to Mr Vally. Mr Vally sharing information with General Khan on issues of purchase orders and buyouts and requesting assistance from General Khan. Mr Vally talks about him and General Khan stashing the money, getting a big slice, making sure it does not enter the system ... after the award ... continued engagement between the two on making the contract work.”
Mohammed Vally clarified that he is not Ismail Vally nor related to him, and is simply an attorney sharing the same surname, addressing public misconceptions.
“My name is Mohammed Vally, I am not Ismail Vally. ... And unfortunately, there is an element ... who believes that I am Ismail Vally. ... And there is another segment who believe that I may be related to him, I am not. I am just an attorney who shares a surname with Mr Vally.”
Passport screenshots of individuals who traveled on a private charter to the UK were blurred possibly due to deletion; the individuals include one named Mr Maleka and others from travel on 29 to 31 July 2022 to Corinthia Hotel London.
“These are passport screenshots of passports of several individuals who travelled on a private charter to the UK ... images are blurred ... names include Mr Maleka ... travel on the 29th of July 2022 to 31 July 2022 ... Corinthia Hotel, London ...”
Immigration clearance forms show travel during the same period for Ms Seletsawe and Mr Bonginkosi Mashazian, staying at the same Corinthia Hotel London address as Mr Maleka.
“The second immigration clearance is for Ms Seletsawe ... same period of travel ... same hotel ... The third immigration form is for Mr Bonginkosi Mashazian ... same dates of travel ... same residential address ... Corinthia Hotel London.”
Mr Syed is associated with Onyx Aviation, the company that was paid for the charter flight, and had access to immigration forms and passport pictures related to the trip.
“Mr Syed is not a director of Onyx Aviation, but he is associated with it. He is associated with people who are directors of Onyx Aviation ... It is not surprising that he had the information on the immigration forms and the Execu Jet licence, but the passports ... would have been part of that bundle.”
Onyx Aviation operated a private charter flight from Lanseria to Accra to Farnborough UK from 28 to 31 July 2022, funded via an invoice for R3.35 million paid to Zig Revenue Management owned by Mr Z Nxumalo, a businessman linked repeatedly to the Commission.
“It is an invoice by Onyx Aviation issued to Zig Revenue Management in the amount of 3.35 million ... charter fee ... dates of travel 28 July 2022 to 31 July 2022 ... routing Lanseria via Accra to Farnborough ... Zig Revenue Management is a business owned by Mr Z Nxumalo, a businessman paid repeatedly in this commission.”
Mr Nkumalo paid Onyx Aviation to fly Ms Mashazi, her husband, and her friends to London in July 2022, with the charter flight costing 3.3 million.
“Mr Nkumalo paid Onyx Aviation to fly Ms Mashazi, her husband, and her friends to London for a weekend in July 2022 and the charter flight itself was 3.3 million.”
The 3.3 million payment for the trip to London appears to be an extravagant private benefit that raises concerns of conflict of interest, possible corruption, gratification, and abuse of public office by Ms Mashazi, who was then City Manager in Ekurhuleni.
“the conferral of a benefit to the tune of 3.3 million is extravagant and it raises obvious concerns for us of a conflict of interest and of possible corruption, gratification, and abuse of public office”
It is believed that Ms Mashazi did not declare the trip to the city council or ethics/compliance structure, and failure to disclose such a trip would be a matter of grave concern.
“if this trip was declared by Ms Mashazi, we believe it was not, but if this trip was declared by Ms Mashazi to the city or the council or an ethics or compliance structure within the city, then that record should exist. If it was not declared ... it would be a matter of grave concern”
A payment of 3.3 million for a weekend flight is far outside ordinary hospitality or gift practices and suggests expectation of influence or protection in return from Ms Mashazi in her official capacity.
“a payment of 3.3 million for a weekend flight is so far outside of ordinary hospitality or gift that it invites the inference that the person who paid for it expected something in return”
General Khan received information about the trip which is significant, but the interest he had in receiving the information is unclear.
“General Khan is provided with this information and that this receipt of this itself is significant and the question would be what interest did he have in this information? On the face of it, it is not apparent what interest he has in receiving this information”
It is questioned what General Khan did with the information after receiving it and whether he referred it to relevant authorities like the city, Hawks, or NPA, as no action seems to have been taken while Ms Mashazi remained in her position until retirement last year.
“what did he do with the information ? Did he refer it to the city or to the Hawks or to the NPA ? ... it seems that nothing was done with it while she would not have remained in her position”
General Khan became aware of the trip in October 2022.
“It was in October 2022, Commissioner.”
In December 2021, Mr. Sayed and others were sharing images related to a farm, confirmed by chats on 14 December 2021 and January 2021 involving General Khan and Mr. Vally.
“this is in December 2021, 14 December 2021, that these images are being shared and Mr Sayed says to him: “You on the farm, bru?” And he says: “Yes.” And then if you look at page 4962, oh sorry, sorry, sorry Commissioners, the order is a bit wrong, it is 5075.075. And this is January 2021. It is the chat with Mr Vally and he says in the second chat: “Your farm?” And General Khan says: “Gee.” Immediately before that exchange are a series of pictures of the farm.”
General Khan and Mr Vally discussed purchase and customization of BMW vehicles including M5 and M3 models in October 2020 and February 2021.
“General Khan says: “How is the new M5?” ... Mr Vally responds: “Amazing car, get this car bro.” ... General Khan says: “Price.” And Mr Vally says: “I paid for this 2.3 with carbon ceramics ..." ... On February 12th 2021, General Khan says to Mr Vally: "Bro, work out a special price on the V8 M3 for me."”
A new house was under construction in George, Western Cape, with photographic evidence from pages 6075 to 6084 showing progress from construction to a finished state.
“what you see there are a series of photographs of the new house in construction ... The second set of pictures start at 6248 ... and there you see the house now looking more finished and luxurious ... You can see it is a coastal property and this is the George property.”
General Khan offered Mr Feroz Essay R150,000 in cash via chat in June 2021 and February 2021, with instructions for EFT and use of an account held by General Khan's minor son.
“General Khan offers him, he says: “Do you need cash, 150,000.” ... General Khan says: “I will send it with Uzi. You can EFT for me on the 28th.” ... General Khan gives the name of the account and that name ... is not General Khan but his minor son. That is the name on the account.”
Mr Feroz Essay sent images of luxury watches including Rolex watches to General Khan, who selected a Submariner model.
“Mr Essay sends to him pictures, a series of pictures of Rolex watches or luxury watches. Some of them are Rolexes ... He says to General Khan ... "Choose which one." General Khan selects an image from those that were sent to him ... It is the Submariner, and he says: "This one, please."”
General Khan and Mr Sayed discussed shops in Vosloorus and Boksburg in June and December 2021.
“General Khan replies: “Vosloorus.” ... The date is June 2021 ... General Khan sends another picture of a shop to Mr Sayed in December 2021 ... beneath it is a message from Mr Sayed: “Which shop bru?” He says: “Boksburg bru.” General Khan replies: “Boksburg bru, our first shop.””
General Khan and Mr Vally discussed acquisition and readiness of BMW M3 and M5 model vehicles and related registration papers from August 2021 to February 2021.
“General Khan says: “I am not ready now. Got to replenish 10 bars stock in the four shops.” ... Mr Vally says: “M3 be 100 percent ready Jumapolished done. Latest.” ... General Khan and Mr Vally chat about M3 and M5 vehicles and collection details across various dates including August 2021 and February 2021.”
General Khan shares images of various Magic Moto Spares stores and vehicles with Mr Sayed in chats between May and June 2021.
“where General Khan sends a picture of Magic Moto Spares, another one of his shops and Mr Sayed responds: 'My man.' And General Khan replies: 'Graafing today.' ... 19 June 2021 ... General Khan sends several images of his Moto Spares business ... General Khan says: 'Kaalfontein Ivory Park.'”
Chats show General Khan sharing many images and information about vehicles, houses, and businesses, indicating a significant amount of shared information.
“these are the evidence that emerges from the chats of the businesses, of the cars, the houses and it is important ... these images are shared with several people across General Khan's conversations”
Mr Sayed sends General Khan a picture of a 911 Turbo Porsche on which they reminisce about Khan's old car in chats dated around 2021.
“Mr Sayed sends General Khan a picture of a 911 Turbo Porsche and on 1118 he says: 'Remember your old car, bru.' And General Khan says: 'The identical one, bro. I still remember it clearly.'”
General Khan submitted financial disclosure forms for 5 years from 2021 to 2022, disclosing salary, shares, loans, and financial interests.
“we have the financial disclosure forms for General Khan for 5 years. They begin in 2021 to 2022 ... The first block of information on personal details ... The salary level is level 14 ... The form goes on to disclose shares, loan accounts ... Section 3 is on any other financial interests ... a number of companies that are disclosed by General Khan as financial interests”
General Khan does not disclose the percentage of shareholding interest he has in his companies, which is problematic.
“He is, in fact, a director of all of these companies, but he does not disclose that what his particular ... what is interest is. And he does not disclose the amount of the interest. So what percentage of it he has an interest in is not disclosed.”
General Khan lists only one company with financial value, Spares Oasis, valued at millions and showing remuneration of 3 million.
“there is only one company in which he describes as having financial value and that is Spares Oasis ... the value ... amount of remuneration and the remuneration is 3 million”
Financial disclosure forms for 2021-2022 show only one vehicle listed, an Uno Fire, despite chat evidence suggesting more vehicles and immovable property not disclosed.
“Under vehicles, one vehicle is listed, an Uno Fire with a purchase price of R14,000.00. But what we see from the chats is that there are more vehicles and we have reason to believe more immovable property that is just not disclosed on this form.”
If General Khan had more vehicles, houses, and income in the period, these additional assets should be reflected in the financial disclosure records.
“if you are going to make a submission that in this period he had more than this one vehicle, more than this house, even more than this income in this period, then there has to be on record some list of what are the additional assets that you are able to place in that period.”
Financial disclosure forms are a regulatory HR requirement for senior management to disclose financial positions to manage conflicts of interest and corruption.
“These are financial disclosure forms that are, it is an HR requirement. It is a regulatory requirement that senior management, members of senior management, disclose their financial position and it is precisely for the purpose of managing conflicts of interest and addressing issues of corruption. That is the whole reason these forms exist.”
There is a statutory requirement for financial disclosures that needs to be addressed further with a witness.
“It is a statutory requirement ... it is an important topic of financial disclosures and it needs to be addressed”
There are inconsistencies in financial disclosures for the years 2022-2023 and later years, including contradictory statements about values and incomes related to Spares Oasis.
“On page 5, in section 3, we have the same disclosure. It is 3 million for Spares Oasis as a financial interest and then 3 million as an income, but it cannot be both ... Either you earning 3 million or the value of the asset of the company is 3 million. Either way, something is not being disclosed.”
Financial disclosure forms for the year 2023-2024 show 'not applicable' in several sections, indicating missing information.
“Page 10, none of it is filled in. Well, it is filled in as not applicable.”
General Khan remains a director of multiple companies according to CIPC records.
“We know from the CIPC records that General Khan remains a director of the other companies.”
Financial disclosures list a consistent 3 million value for Spares Oasis over several years, but some active businesses like Magic Motors Spares show nil value, raising questions about the accuracy of disclosures.
“Financial Interests Spares Oasis is the only one at 3 million ... Magic Motors Spares ... were clearly in business but the value that is reflected here is nil ... it is reflected as nil under the financial interest which would be the asset value ... But under other remunerative work it is not listed at all, Magic Motors Spares.”
There has been no change in immovable property information recorded over 3 to 4 years.
“In the section 11, immovable property, that information does not change for 3 years ... it has not changed ... it remains the same through 4 years.”
The number of vehicles listed in disclosures suddenly increased from none or one in prior years to 30 vehicles in the 2024-2025 disclosure, without any comments explaining this significant change.
“When we look at the vehicles ... there are 30 vehicles listed ... in the year prior to this there were no vehicles listed. And in the year immediately prior to that one there was only one vehicle listed ... It suddenly discloses ownership from zero vehicles to 30 vehicles but there is no comment noted on the financial disclosure form in section 13.”
It appears that all the vehicles listed as acquired in the 2024-2025 financial year were purchased fully in cash, given no outstanding amounts or liens noted in the disclosures.
“It is fair ... to assume that all these vehicles would have been procured in 24/25 financial year and in that period nothing is owing at the time of the disclosure ... it looks like vehicles for 900,000, 950,00, 700, would have been procured for cash because nothing is owing in that period or paid off ...”
There are several luxury vehicles listed in the vehicle disclosures, indicating significant luxury assets.
“If you look at the value of vehicles, there are several luxury vehicles.”
The final financial disclosure form for 2025-2026 is unchanged in respect of financial interests or remunerative work, again listing 3 million for Spares Oasis.
“The last form which is 25 to 26 ... unchanged in all respects regarding financial interests ... remunerative work the 3 million ... Spares Oasis.”
The financial disclosure forms include a bulk acknowledgment comment by a PSC official or other person acknowledging submission of disclosures, but it is unclear who exactly completed or annotated the forms.
“It is very unclear ... whether it is the official himself or herself that is annotating this and saying bulk acknowledgment ... it might be some other person who says there was a bulk submission of these disclosures and there is a bulk acknowledgment ... and it is not clear to me who actually annotated that.”
The vehicles listed in disclosures decreased from 30 to 22 between periods, then later to 2, with the last disclosure submitted on 28 April 2026 stating only 2 vehicles, but unclear who submitted that disclosure form.
“Under section 12, vehicles, it is now not 30 vehicles but 22 ... It is now 2 and in the last ... it was submitted on the 28th of April 2026 ... it says under status: 'Disclosures submitted by employee.' We do not even know who completed that form.”
General Khan has not made a full disclosure of his financial interests in the financial disclosure forms.
“the evidence as we have it thus far ... suggests that there has not been a full disclosure of his financial interest in these forms”
Financial disclosure forms do not show any other companies or sources of income for General Khan apart from those disclosed ones, which raises concerns.
“there are not any other companies. There is not any other source of income ... serious concerns ... no full disclosure of his financial interest in these forms”
General Khan, a senior Crime Intelligence officer, earns two and a half times more per year from a private motor spares business than from his public salary.
“General Khan was a senior Crime Intelligence officer ... earning two and a half times more a year from a private motor spares business than from his public office”
General Khan is actively involved in the automotive parts procurement discussions, indicating potential conflict of interest.
“he is simultaneously involved in discussions concerning the automotive parts procurement ... talking about procurement officials and access and the like”
General Khan's financial disclosures do not record the asset value of the businesses he is involved in, which suggests incomplete disclosure.
“even if he is not earning an income from it, it has an asset value and that is not recorded in the disclosure forms”
Witnesses have seen WhatsApp chats involving General Khan showing significant engagement with business affairs related to automotive parts procurement, indicating active business involvement rather than passive income.
“we have seen from the WhatsApp chats ... there is a lot of engagement with the businesses ... this is not in the nature of shareholding in a company where you earn passive income ... this is an active business”
Financial disclosure processes and forms in the SAPS seem not to be a workable or functioning system for accountability in respect of financial disclosures of its officers.
“it would seem that this is not a workable or a functioning system that lends itself to accountability”
General Khan holds a senior position within Crime Intelligence, making his financial disclosures particularly relevant given the responsibilities associated with that role.
“General Khan is very senior within Crime Intelligence ... that position is a particular position where that person deals with these types of issues”
The financial disclosure requirements are currently tailored to senior management services, which may not be suitable for a senior Crime Intelligence officer, implying a need to explore appropriate disclosure practices for such positions.
“his salary level is at 14, and also these kind of financial disclosures only apply to senior management service... it is, the function that he serves is relevant, and so it must be tailored to... when you are a senior Crime Intelligence officer than when you holds some other position”
General Khan flagged the confidentiality of some information and personally brought an in-camera application prior to being shot, which was subsequently withdrawn.
“General Khan had flagged the confidentiality of some of the information and had brought an in-camera application himself, which was subsequently withdrawn”
They seek permission for in-camera presentation of chats and evidence to protect identities of informants and ongoing investigations, requesting leave to lead that evidence without opposition.
“I would ask that we are granted leave to lead that evidence in-camera... in the absence of any opposition to the in-camera application”
Chats of General Khan should be dealt with in-camera because disclosure would reveal identities of informants within organised crime gangs, putting their lives and others at risk, and could prejudice ongoing investigations or alert suspects.
“that traversing those chats would disclose the identity of informants who are placed within organised crime gangs and are supplying information to General Khan and if we were to disclose their identities... that would put the lives of those informants and possibly other people at risk... if we were to disclose that information we might well either prejudice the investigations or possibly signal to the suspects that they are under investigation and that there is evidence against them”
Mr Vally does not oppose the in-camera application but cannot extract instructions from his client at this stage.
“it is not because there is an intention to not oppose. It is simply because we are unable to extract instructions at this stage from our client”
If General Khan's health does not permit his attendance, an affidavit from his hospital bed or other places of convenience would be provided, or he might attend in person later to make up for lost time.
“General Khan may, based on what has already transpired in these proceedings, commit to an affidavit from his hospital bed, or from another place of convenience... or the ideal scenario is that this health permits him to actually attend, and then we can make up for the time that he was not here”
They seek guidance from the Commission regarding proceeding in the absence of General Khan and express reservations about such proceedings.
“I would be looking to the Commission for guidance, and at the same time, still record our reservations about the matter proceeding in the absence of General Khan”
Mr Vally was briefing for an urgent court matter in Pretoria and was trying to arrange attending later in the week if possible but would ask to be excused if unable to attend tomorrow's hearing.
“I was briefed in a matter for the urgent court in Pretoria. ... If the matter is to proceed tomorrow, and we are not here, we ask for, well, we ask to be excused.”
Mr Chaskalson S.C. indicated he and Mr Vally should stay in touch to coordinate the timing of public and in-camera sessions and to ensure a full record is made even if Mr Vally is unavailable in person at some times.
“I think that Mr Vally and I should stay in touch over the evening and early tomorrow morning... if Mr Vally is unavailable at a particular time tomorrow, we can schedule around that time...”
General Khani can advise in advance of any affidavit or appearance he plans to make, which will be addressed in a full transcript and recording of the in-camera session.
“he will still be able to advise General Khani in advance of any affidavit that General Khani is going to prepare or indeed any appearance that General Khani is going to make...”
The application for an in-camera order was granted to ensure protection and proper handling of sensitive material with a draft order to follow.
“The application is granted... but for a fuller expression of what exactly the ruling entails, I am asking for a draft order.”
The late Mr Wiandre Pretorius was part of a criminal theft and extortion gang including EMPD members, and was involved in torturing Mr Emmanuel Mbhenze to death during an operation by this gang.
“Mr Pretorius was part of a gang that was essentially a criminal theft and extortion gang, comprising several members of the EMPD and in particular, Witness D testified that Mr Pretorius was part of the group responsible for torturing Mr Emmanuel Mbhenze to death during one of the operations of this gang.”
General Khan and late Mr Wiandre Pretorius were on birthday card greeting terms by January 2021.
“Certainly by January 2021, Mr Pretorius and General Khan were on birthday card greeting terms.”
General Khan was involved in communication with an officer responsible for counterintelligence against journalist Marianne Thamm in January 2021, possibly influencing operations against her.
“If we go to... here we may not want to display it publicly... chat with the officer who was responsible for counter intelligence against the journalist Marianne Thamm... on 14 January... the officer says: "Hi, General... I am issuing Wiandrew with a permit..."... The process involving Mr Pretorius next appear...”
Mr Sayed sent video footage of Mr Pretorius next to an unmarked car with blue lights to General Khan, which suggests collusion in illicit activities.
“it is in the chats between Mr Sayed and General Khan and it is a video that Mr Sayed sends to Mr Khan, which we will display, because it is a video that he sends of Mr Pretorius next to an unmarked car with blue lights”
General Khan arranged for Mr Pretorius to work for Mr Sayed to conduct raids on Carnilinx competitors in the illegal tobacco industry.
“the chats suggest that General Khan arranged for Mr Pretorius to work for Mr Sayed, where he would conduct raids on the competitors of Carnilinx in the illegal tobacco industry”
Mr Sayed instructed General Khan to handle the potential resignation of Shaheen discreetly and to place him for other reasons.
“Mr Sayed says to General Khan: “Bru, won't Shaheen get upset that W … is resigning? Will you please handle it for me when the time comes and tell him that you placed him by me for other reasons.” And General Khan responds: “I discussed it with Wiandre, we have a plan.””
General Khan is a Crime Intelligence General who was in contact with Wiandre about a major cigarette bust in the East Rand, indicating knowledge and possible collusion with tobacco industry executives.
“We are looking at a Crime Intelligence General calling an executive in the tobacco industry, saying that someone who they both know has a lead on a cigarette bust on the East Rand and so the tobacco industry executives should give him a call.”
Mr Pretorius states that there are cigarettes hidden underneath packets of sweets and bananas inside cardboard boxes.
“Mr Pretorius actually says there are cigarettes underneath packets of sweets and bananas”
Crime Intelligence officer is using police resources to help Carnilinx target a competitor, Protobac, under the guise of law enforcement.
“Crime Intelligence officer whose job is to police illicit tobacco market who is complementing a player in the tobacco market for essentially doing the work of Crime Intelligence in relation to a competitor of his...the Crime Intelligence resources are being used to enable Carnilinx to take out a competitor or to raid a competitor in the name of the law.”
Mr Sayed asks General Khan to target competitor Protobac's cigarette factories for raids at Old Union Cotton Mills, East London.
“Mr Sayed says: “Protobac factories in Old Union Cotton Mills factory, East London. They will know. Can't get it wrong.””
Mr Sayed sends SAPS tweet recording a successful raid at Protobac factory, showing details of seized goods including large quantities of raw tobacco and cut rag.
“Mr Sayed sends to General Khan a SAPS tweet recording a successful raid at the Protobac factory ... particulars of the goods detained ... "152 x 200 kg boxes of raw tobacco; 1127 x 200 kg of cut rag."”
Mr Sayed complains of discrepancy between quantities seized and actual output; states Protobac to be fined R120 million for tax evasion and is particularly targeted along with competitor Gold Leaf Tobacco.
“There is a discrepancy between what is reflected as having been seized and the output ... Protobac is looking at under entries and penalties of 120 bar ... they are going to be fined R120 million for tax evasion ... Protobac is not the only competitor targeted... Gold Leaf Tobacco ... several chats where Mr Sayed and General Khan exchange information about raids on Gold Leaf... seizure of Remington.”
General Khan forwards SAPS report on Customs and Excise Act operation against Remington Gold to Mr Sayed on 20 April 2021.
“General Khan forwards to Mr Sayed a SAPS report on Customs and Excise Act, Tobacco Control Products Act operation against Remington Gold”
Mr Sayed reports interception of truck in Bela Bela and that another truck was caught on other side of border; Gold Leaf trucks flagged for interception.
“The one I sent to Hog was intercepted in Bela Bela... The other truck was caught to the other side of the border... We flagged about 15 trucks of GL (Gold Leaf)”
Police raid on Remington Gold brands in Parys seizing large quantities of goods including Pegasus brand cigarettes thought to be associated with Protobac.
“Goods seized in Parys SAPS register: 110 times carton Remington Gold; 50 times cartons that say Pegasus (probably Pegasus). One of Protobac brands was Pegasus.”
Mr Sayed enquires about possible interception of trucks at border posts for illicit tobacco smuggling.
“Mr Sayed says: “Do you have anyone at Komatiepoort...that can check if they intercepted the truck for us.””
Mr Sayed forwards to General Khan a post from Yusuf Abramjee criticizing scale of tax evasion and law enforcement failure enabling illicit tobacco industry looting.
“Mr Sayed forwards to General Khan a post from Mr Abramjee, which is taking issue with the scale of tax evasion and tax criminality in the illicit tobacco industry... Yusufu Abramjee, founder of Tax Justice South Africa, warns criminals are allowed to loot the nation of billions of rands.”
Illegal cigarettes are sold in nearly half of shops in hotspot provinces Free State, Gauteng, and Western Cape according to Ipsos market research report.
“Illegal cigarettes are on sale in nearly half, 41% of all shops in the hotspot provinces of Free State, Gauteng and Western Cap”
Brands belonging to Gold Leaf Tobacco Corporation are engaged in illegal price wars with several South African brands sold below the minimum collectible tax (MCT), indicating tax evasion.
“Brands belonging to Gold Leaf Tobacco Corporation are winning the illegal price war with a number of South African brands purchased below the MCT.”
The number of brands belonging to Carnilinx bought below the MCT has increased by one third, indicating growing involvement in tax evasion.
“The number of brands belonging to Carnilinx bought below MCT has rocketed by a third.”
General Khan, responsible for investigating illegal tobacco, agreed with an executive of Carnilinx that brands are being sold below the minimum collectible tax rate, implying tax evasion, and suggested the person raising objections should be 'effed up' and 'stay in his lane'.
“A General in Crime Intelligence whose job it is to investigate the illegal tobacco industry agreeing with the executive of a company whose brands ... are being sold below the minimum collectible tax rate ... that the person raising objections to this state of affairs needs to get effed up and must stay in his lane.”
There are selective law enforcement practices in relation to the illegal tobacco market; illegal tobacco belonging to competitors Protobacco or Gold Leaf is targeted, but tax evasion by Carnilinx is ignored.
“The laws ... are being administered selectively ... enthusiastic raids of illegal tobacco products that belong to competitors, either Protobaco or Gold Leaf. But when the finger is pointed at Carnilinx, there is abusive comments about the person pointing the finger and saying stay in your lane.”
Carnilinx, the chief member of the Free Trade Association of Tobacco (FITAT), had 62% of its brands purchased below MCT, the highest frequency of tax evasion; Afrobearg brands were the second most prevalent at 9% below MCT.
“Brands belonging to Carnilinx, the chief member of the FITA ... were most frequently (62%) found below MCT ... Purchases of brands owned or licensed by Afroberg ... were the second most prevalent, 9% below MCT.”
Tax Justice South Africa (TJSA) has independently investigated illicit tobacco trade and will soon release reports exposing large scale tax evasion and crime robbing South African citizens of billions of rands.
“Tax Justice South Africa ... has been conducting research independently into the illicit trade over recent months and will be releasing our reports soon ... a wake-up call to the authorities ... South Africa cannot afford this industrial-scale looting to continue a single day longer ... Tax Justice SA has uncovered breathtaking new details about the crime wave sweeping South Africa and robbing honest, hard-working citizens of billions of rand.”
There is an apparent alliance between General Khan and Carnilinx, through Mr Sayed, with cooperation in raiding competitors' illegal tobacco and resisting Tax Justice South Africa's campaign to crack down on tax evasion in illicit tobacco.
“UNATTRIBUTED”
General Khan and Mr Sayed exchanged messages indicating they can easily 'sort out' the explosive report on tax evasion and criminal activity in the tobacco sector, implying potential suppression or intimidation.
“The response of Mr Sayed is: 'This P is asking for it, bro.' And General Khan says: 'We can sort it out easily.'”