Fired crime intelligence officer Feroz Khan is set to testify before the Madlanga commission behind closed doors on Tuesday. Khan was granted permission to testify in camera, where he is expected to respond to evidence presented in his absence between July 7 and 9. The evidence is based on information extracted from his cellphone and other seized devices. Commission investigator Tshepo Nyatlo alleges that Khan and tobacco executive Mohamed Sayed manipulated a National Treasury IT contract through senior police officer Lt-Gen Molefe Fani for kickbacks.
According to Nyatlo's investigation, Sayed told Khan that the R280m contract would generate about R92.4m, or 30%, which would be divided equally among three people. The investigation also revealed that Khan and Sayed used a company called Smada in connection with the proposed kickback. A draft agreement between Smada and Cyberia director Fuad Udemans was also uncovered, which stated that Cyberia had been awarded a National Treasury contract and that Smada had "forged close business relationships at the highest levels" of the government and the private sector.
Nyatlo described the agreement as appearing to be "a thinly disguised kickback agreement" for alleged improper facilitation services to help Cyberia secure the Treasury contract. Information extracted from Khan's devices also contains discussions with Sayed about other tenders. Khan is also expected to face questions about his alleged role in efforts to have former inspector-general of intelligence Dr Setlhomamaru Dintwe removed from his position.
The commission heard that Khan wrote parliamentary questions on behalf of the EFF and later sent them to party leader Julius Malema. The questions asked whether Dintwe had taken instructions from an unnamed individual and whether he had received any gratification. The questions were later raised in parliament by former EFF spokesperson Mbuyiseni Ndlozi, who said there was nothing wrong with his involvement.
Khan is also facing a criminal complaint that the commission said it would lodge after he allegedly defied a subpoena and failed to appear last month. His testimony had been postponed several times after he cited ill health. The commission eventually made an independent medical assessment a condition for considering his application for a further postponement. Khan underwent the assessment, after which psychiatrist Dr Mayaven Naidoo recommended that he testify virtually from a familiar and controlled environment.
Dr Naidoo recommended that Khan's evidence be taken over shorter periods, with predetermined breaks, rather than through prolonged questioning. Khan is now expected to give evidence and respond to the allegations before the commission. The commission's investigation into Khan's alleged involvement in the Treasury contract kickback and other claims is ongoing.
The Treasury is also investigating the allegations, and Lt-Gen Molefe Fani, who is now the SAPS divisional commissioner for supply chain management and is suspended, is also implicated in the allegations. Khan's testimony is expected to shed more light on the allegations and the extent of his involvement.
Key points
- Feroz Khan to testify behind closed doors over R280m Treasury contract kickback allegations
- Khan allegedly manipulated a National Treasury IT contract with Mohamed Sayed for kickbacks
- Khan also faces allegations of trying to remove former inspector-general of intelligence Dr Setlhomamaru Dintwe from his position
