The Madlanga commission of inquiry has disclosed WhatsApp chats showing suspended crime intelligence deputy head Maj-Gen Feroz Khan allegedly facilitating tenders on behalf of controversial tobacco businessperson Mohamed “Mo” Sayed.
The commission read out Khan’s evidence statement in his absence on Friday. He was unable to appear in person due to his hospitalisation after being shot on Sunday night.
His evidence covered a series of topics, including corrupt tender activities revealed in WhatsApp exchanges between himself and Sayed.
Evidence leader Adila Hassim SC explained that certain topics would be omitted from the public testimony and potentially led in-camera (in private), as they involve sensitive material and ongoing investigations that could pose safety risks to individuals, including Khan. A new in-camera application will be filed after the commission rejected the initial one.
Hassim guided the commission through a series of WhatsApp chats extracted from Khan’s phone. Khan’s devices were seized by police on May 10 during his arrest on corruption charges linked to an illicit precious metals syndicate.
The downloaded chats showed how Khan allegedly facilitated a South African Police Service (SAPS) personal protective equipment (PPE) contract for Sayed during the Covid-19 pandemic.
On January 12 2021, Sayed asked Khan who he should approach to secure a contract to supply face masks bearing SAPS logos. Khan instructed Sayed to send prices and samples, promising to speak to an official responsible for procurement. After this exchange, Sayed sent samples and a price list detailing Covid-19 PPE equipment.
Months later, on June 5 2021, Sayed messaged Khan asking him to find out from “Fanie” what the contract had been saved under. The “Fanie” in question was identified as Molefe Fani, the suspended divisional commissioner of supply chain management for SAPS. At the time, Fani held the position of acting head of procurement at the Treasury, suggesting he was involved in helping Sayed secure the contract.
By July 7 2021, the communications intensified. Sayed sent a voice note to Khan to determine the volume of Covid-19 test kits the department was looking to order. Khan subsequently forwarded a list detailing the specific mask requirements for various sections of the SAPS.
The chats also showed Sayed pressuring Khan to expedite the process. While Khan assured him he would, weeks passed without progress, prompting Sayed to keep pressing. Sayed eventually requested to speak to Fani directly; he was provided with Fani’s number and initiated direct communication. The chats also referenced another SAPS official with whom Sayed communicated, referred to simply as “Gen1”.
Hassim argued that the chats clearly demonstrated Sayed’s intent to gain improper access to SAPS mask orders, with Khan acting as a willing facilitator. She emphasised that, as a law enforcement official, Khan failed to distance himself from the illicit approach.
“The first thing to do would be not to facilitate the process,” Hassim said, noting that at no point in the chat history did Khan attempt to reject the arrangement. “Khan may have an explanation as to why he did this, but he didn’t stop this process or tell Sayed that it was not the way they operated. He didn’t report Sayed.”
Beyond the PPE scandal, the commission was presented with evidence of an IT contract between the Treasury and another private company, which Hassim noted was also facilitated by Khan and Fani.
Sayed is a director of Carnilinx, a tobacco manufacturing and distribution company. On Thursday, the company submitted a representation signed by co-director Adriano Mazzotti, responding to long-standing allegations that it is engaged in the illegal tobacco trade.
“The company is concerned that allegations affecting its business, reputation and commercial standing may ultimately be considered without the benefit of Carnilinx’s own explanation and the broader factual and regulatory context within which those allegations arise,” the statement read.
Carnilinx placed on record that it is a legally incorporated South African cigarette company holding all applicable licences.
Turning to the evidence before the inquiry, the company stated: “Information purporting to relate to that affidavit entered the public domain without Carnilinx’s knowledge or authority. Carnilinx is not in possession of versions presently relied upon or quoted by various media organisations and is unable to verify the authenticity, completeness, or accuracy.”
The document in question is a 2014 affidavit submitted to the South African Revenue Service (SARS), in which Mazzotti allegedly made admissions.
These included past customs evasion, tax non-compliance, failure to account for cash income, manufacturing cigarettes “off the books,” the unlawful exportation of tobacco under a false Swaziland pretext, illegal surveillance of SARS officials, purchasing leaked SARS documents for cash, and making improper cash payments to legal advisors.
However, Carnilinx urged the commission to separate its past regulatory issues from present-day accusations.
“The affidavit demonstrates that Carnilinx engaged with SARS concerning historical tax matters. It does not, without more, establish that Carnilinx presently conducts its affairs unlawfully or forms part of any alleged criminal enterprise,” the company argued, adding that following the resolution of those historical matters, it has continued to operate as a licensed manufacturer under strict SARS oversight.
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