Buying influence: Khan link to Mashazi’s UK trip

Suspended crime intelligence head Maj-Gen Feroz Khan and controversial cigarette boss Mohammadh Sayed have been linked to an alleged scheme to “buy influence” over former Ekurhuleni city manager Imogen Mashazi, who oversaw multibillion-rand municipal contracts.

Details of the alleged scheme are contained in an affidavit by Madlanga commission investigator Tshepo Nyatlo, which outlines how Sayed — a senior executive at tobacco firm Carnilinx — supplied Khan with particulars of a contentious R3m UK trip taken by Mashazi in July 2022.

Commission investigators suspect that Onyx Aviation, the company identified as the primary facilitator of Mashazi’s private-jet trip to London, funded by an Ekurhuleni service provider through politically connected businessman Zesimdumise Nxumalo, is linked to Sayed.

Sayed this week dismissed the allegation, telling the Sunday Times: “I have never engaged with Maj-Gen Khan for the purposes of ‘buying influence’.”

Last month, the paper revealed details of Mashazi’s UK excursion, which she took with her husband and another couple. Mashazi, who has since retired, faced intense scrutiny from commissioners over allegations that she abused her executive authority, protected unethical officials and failed to address widespread malfeasance within the Ekurhuleni Metropolitan Police Department (EMPD).

The inquiry is seeking answers from Khan — who is currently in hospital after being shot last weekend — about his relationship with Sayed and a network of companies allegedly linked to him. Khan and several co-accused are currently out on bail on charges related to illegal gold dealing.

The commission is demanding deeper insight into what investigators describe as a web of “criminality and calculated conspiracy” involving Khan and underworld figures. The probe specifically targets his alleged subversion of criminal procedures for illicit objectives.

I place some of the information — which has been copied from Gen Khan’s devices and analysed by the commission’s investigators and evidence leaders — into context so that its pivotal importance to the work of the commission can be understood

The inquiry is probing Khan’s relationship with Carnilinx. Investigators allege he leveraged his position to help the company outperform its rivals.

“I place some of the information — which has been copied from Gen Khan’s devices and analysed by the commission’s investigators and evidence leaders — into context so that its pivotal importance to the work of the commission can be understood …" says Nyatlo in his affidavit.

He says “the involvement of Onyx Aviation, that Mr Sayed appears to be associated with” in flying Mashazi to London for the weekend in July 2022, “that was paid for by a company of Mr Ze Nxumalo, Zig Revenue Management”, was an apparent attempt to buy influence over Mashazi.

He also says that on October 12 2022, about 10 weeks after Mashazi’s trip, Sayed forwarded Khan copies of the UK immigration entry forms of Mashazi and her party, as well as the Execujet charter permit from the UK aviation authority.

Investigators maintain that the gesture was a calculated manoeuvre to secure leverage over Mashazi.

Based on documents before the commission, WhatsApp communications between Khan and Sayed reveal that the two were also allegedly involved in the following activities:

• Conspiring to use SAPS resources to neutralise Carnilinx competitors;
• Improper attempts to manipulate procurement within SAPS for their mutual benefit;
• Khan regularly sharing confidential crime intelligence information with Sayed;
• Conspiring to orchestrate the removal of former inspector-general of intelligence Setlhomamaru Isaac Dintwe. This allegedly involved planting questions in parliament through the EFF in an attempt to trap Dintwe in a lie regarding his relationship with an alleged drug dealer;
• At Sayed’s request, Khan using his powers within the SAPS to provide Julius Malema with the address and details of a complainant in a case against the EFF leader; and
• Discussing, on several occasions, Wiandre Pretorius, who was allegedly employed by Sayed with Khan’s assistance and was instrumental in operations designed to undermine Sayed’s competitors in the illegal tobacco industry. Pretorius committed suicide in February after being named at the Madlanga commission in connection with a murder in which police officers were implicated.

Commission investigators want Khan to clarify his ties to Sayed and the nature of their exchanges. Specifically, Khan has been directed to explain his knowledge of Onyx’s involvement in the Mashazi trip and identify the person referred to in his communication with Sayed as “Gen1″.

Onyx Aviation director Kieron Moore confirmed that the company had been approached by the commission’s investigators but denied Sayed was involved with the company.

“Sayed is not and has never been the owner or a director of Onyx Aviation,” said Moore. “The company’s only two directors are Michael van Zyl and myself. We can confirm that we were approached by the commission’s investigators for information relating to the flight in question, and we co-operated fully by providing the requested information. As the matter is before the commission, we won’t be commenting further on the nature of the enquiries or the proceedings.”

Moore, listed Onyx Aviation director Sazi Fakude and Sayed were co-directors of a company called Zimbali Investment Group before all resigned in 2021 and 2022. They say the business never materialised.

Sayed, who confirmed receiving questions from the commission, told the Sunday Times that his relationship with Moore was one of both friendship and business.

“Mr Moore, through Onyx Aviation, manages one of the aircraft owned by Mr Kyle Phillips, who is a co-director with me at Carnilinx. The relationship between the company that owns the aircraft, Freightway Logistics, and Onyx Aviation is a service-provider/client relationship. I hold no ownership interest in either Onyx Aviation or Freightway Logistics,” said Sayed.

The allegation of rigging tenders is highly offensive. Neither I, in my personal capacity, nor any entity in which I have ever been involved has received a government tender or any benefit or proceeds from a government tender whatsoever

Sayed denied being involved in any collusion with Khan.

“I have never colluded with Maj-Gen Khan to “get rid of Carnilinx competitors” and even the suggestion of it is preposterous. To the contrary, I provided Maj-Gen Khan, in his capacity as head of counter and security intelligence responsible for border security, with information regarding illicit tobacco smugglers," he said.

“The allegation of rigging tenders is highly offensive. Neither I, in my personal capacity, nor any entity in which I have ever been involved has received a government tender or any benefit or proceeds from a government tender whatsoever.”

Khan’s lawyers were this week unsuccessful in their attempt to have his evidence heard in-camera at the commission. They told the commission he intended to expose political interference and corruption within the senior ranks of the police.

This week, evidence leader Adila Hassim SC led evidence on WhatsApp conversations between Khan and Sayed relating to allegations of tender-rigging.

The chats showed how Khan allegedly facilitated an SAPS personal protective equipment (PPE) contract for Sayed during the Covid pandemic.

Hassim argued that the chats clearly demonstrated Sayed’s intent to gain improper access to the SAPS mask order, with Khan acting as a willing facilitator.

“The first thing to do would be not to facilitate the process … 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,” said Hassim.

Khan and Gauteng Hawks head Maj-Gen Ebrahim Kadwa, alongside Durban businessman Tariq Downes, were arrested in May and appeared in the Kempton Park magistrate’s court, where they were granted R20,000 bail each. They are charged with unlawfully acquiring and possessing unwrought precious metal without the required licences.