What Feroz Khan is expected to testify on behind closed doors

Fired crime intelligence officer Feroz Khan will face the Madlanga commission behind closed doors on Tuesday over allegations linking him to a proposed R280m Treasury contract kickback and other explosive claims.

Khan was granted permission to testify in camera on Tuesday. He is expected to respond to evidence presented in his absence between July 7 and 9, much of it based on information extracted from his cellphone and other seized devices.

Commission investigator Tshepo Nyatlo alleges that Khan and tobacco executive Mohamed Sayed were involved in the Cyberia contract through senior police officer Lt-Gen Molefe Fani.

At the time, Fani was working at the National Treasury as a chief director responsible for contracts. He is now the SAPS divisional commissioner for supply chain management and is currently suspended.

The Treasury is also investigating the allegations.

Nyatlo alleges that Khan and Sayed used a company called Smada in connection with the proposed kickback.

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.

“It is not clear whether the third party, who would receive about R27.6m from the enterprise, was Gen Fani or someone else,” Nyatlo said.

Sayed also sent Khan a draft agreement between Smada and Cyberia director Fuad Udemans.

The agreement 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.

Ndlozi, speaking on the SMWX podcast hosted by Sizwe Mpofu-Walsh, 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.

Naidoo said the formal setting and sustained scrutiny could place psychological strain on Khan, potentially affecting his concentration, information processing and ability to give coherent evidence.

He also 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.