Suspended Crime Intelligence deputy head Feroz Khan shared confidential police documents with associates, used an intermediary to channel draft parliamentary questions to the EFF and sought political support from Julius Malema while facing disciplinary action, the Madlanga Commission has heard.
Evidence leader Matthew Chaskalson led the inquiry through the evidence bundle relating to Khan, focusing on allegations that he leaked confidential South African Police Service (SAPS) information and abused his position.
"General Khan has a tendency to show off to friends by sharing Crime Intelligence documents that sort of reflect on his importance," Chaskalson said.
Khan is reportedly unconscious in hospital after an assassination attempt on his life outside his Houghton residence. He is on bail while facing charges of running an illicit precious mineral syndicate.
His lawyers have been representing him at the commission while evidence leaders go through the evidence against him.
According to the evidence presented, Khan shared an internal delegation document with businessmen Mohammed Sayed and Ismael Vally. Other documents he allegedly shared included information on vacancies in the kidnapping division and a copy of his speech to the joint standing committee on intelligence.
Chaskalson said the exchanges might not have been illegal but were inappropriate for a senior police official.
"There is a separate pattern which starts to be problematic. That is a pattern where friends of General Khan would send him case numbers and ask him for some assistance in relation to those case numbers," he said.
Referring to exchanges from 15 June 2021, Chaskalson said more concerning communications took place between Khan and Vally on 28 September 2021. In one exchange, Vally sent Khan a case number and the cellphone number of a Hawks officer, asking him to check information on the police database.
"Do you need me to do anything?" Khan texted.
"No … I will save you for a day when I really need you," Vally replied.
"I'm here for you, bro," Khan responded.
Chaskalson said the messages suggested Khan was willing to use his position to assist friends and implied he could influence criminal cases on their behalf.
He then turned to Khan's relationship with Sayed and EFF leader Julius Malema.
Chaskalson said that using an intermediary to submit parliamentary questions was problematic and raised concerns about a possible quid pro quo.
He also questioned Khan's relationship with Sayed, saying Sayed ran a company that had admitted to illegal activities and tax evasion.
"That is not a person General Khan should be associating with," he said.
On 10 June 2021, Sayed sent Khan text messages that he said had come from Malema. The messages related to the anti-immigration protests in 2021.
Sayed forwarded the messages in which Malema insisted that activists from Operation Dudula, who were calling for the removal of undocumented immigrants, should be arrested.
In another exchange, Khan sent Sayed draft parliamentary questions intended for Inspector-General of Intelligence Setlhomamaru Dintwe.
The proposed questions referred to allegations that Timmy Marimuthu, a convicted drug dealer and former participant in the intelligence agent programme, claimed to be friends with the inspector-general. The questions asked whether the inspector-general took instructions from the individual and whether any gratification had been received.
"These are draft questions that General Khan has prepared, which he is essentially going to ask Mr Malema to arrange to be put to the inspector-general in Parliament by the EFF," Chaskalson said.
He clarified that Khan was not communicating directly with Malema but through Sayed. Whether Malema was aware of or participating in the exchanges remained an open question.
Chaskalson added that Khan had previously met Marimuthu and obtained information before drafting the questions.
Q1:"Do you have any relationship with convicted drug lord Timmy Marimuthu? If so, what is its nature and does it include discussing Crime Intelligence matters?
Q2:"Have you had any relationship with Timmy Marimuthu regarding the removal of General Peter Jacobs as head of Crime Intelligence? If so, what security clearance gives Timmy Marimuthu access to you as the inspector general of intelligence, particularly in relation to discussions of Crime Intelligence matters?"
The questions were subsequently placed on an EFF letterhead and sent to then-police minister Bheki Cele.
Khan later texted: "This should get him to lie and in return we can ask for his removal because he lied."
"What General Khan is disclosing here is that 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 use that to orchestrate his removal," Chaskalson said.
The inquiry also heard that Malema later intervened on Khan's behalf during his disciplinary proceedings. Through Sayed, Malema allegedly sent Khan a message of support.
"Bru. I forgot to tell you that Ju called me. Said that you will not ever resign, no matter what. This is a fight and we will emerge victorious," Sayed texted Khan.
The evidence also included messages that Chaskalson said showed Malema, through Sayed, forwarding Khan details of a Bertobrite tender.
On 3 August 2021, Sayed sent Khan information about Bertobrite, a company that had bid for a SAPS fleet management tender.
"It came from Juju," Sayed wrote. "I think he wants us to do it."
In July 2021, allegations emerged that Bertobrite had secured a fuel contract in Tshwane by paying bribes to the EFF.
"If we go back to the sequence, we see again a situation where 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 the wish that General Khan and Mr Sayed will assist with the Bertobrite tender," Chaskalson said.