How Brig Hlungwani’s testimony could help Khan

By Setumo Stone

Former Crime Intelligence Brigadier Tiyani Hlungwani has asked the Madlanga commission to hear evidence that he says explains why Maj-Gen Feroz Khan discussed activating a counter-intelligence operation involving Daily Maverick journalist Marianne Thamm.

Hlungwani says Khan’s counter-intelligence section became involved after he lodged a formal complaint about the alleged leakage of a classified National Treasury document linked to suspended former Crime Intelligence head Peter Jacobs.
The commission has refused Hlungwani’s request to testify, saying the matters fall outside its mandate.

In a letter dated February 12, commission secretary Dr Nolitha Vukuza said Hlungwani’s documents had been considered against the inquiry’s terms of reference.
She said the commission was mandated to investigate systemic criminality, political interference and corruption within the criminal justice system, particularly evidence of criminal syndicates infiltrating or influencing law enforcement, prosecutorial, intelligence or judicial institutions.

Hlungwani disputes the commission’s finding and says his evidence provides context to testimony concerning Khan and a colleague who allegedly discussed activating “counter-intelligence” against Thamm.
In written submissions sent to the commission, Hlungwani said Khan was head of counter and security intelligence in 2021 when the messages were exchanged. He cited section 2(3) of the National Strategic Intelligence Act, which assigns SAPS the function of instituting counter-intelligence measures within the police.

Hlungwani said the act defines counter-intelligence as measures taken to protect intelligence and classified information and to counter threats to national security.
Hlungwani said the Inspector-General of Intelligence had received a complaint in late 2020 concerning alleged theft, fraud, corruption and unlawful use of the Secret Services Account to procure personal protective equipment.
Jacobs and five other officials were suspended and later challenged their suspensions in the Pretoria High Court.

According to Hlungwani, Daily Maverick published an article on December 16, 2020, containing a letter from the National Treasury regarding budget allocation, marked “SECRET” and addressed to Jacobs and former national police commissioner Khehla
Sitole. Hlungwani said he opened a criminal case at the Brooklyn police station on December 18, 2020, for the alleged leakage of classified information. He alleged that Jacobs had contravened the Protection of Information Act and the SAPS Act. Hlungwani also alleged that Thamm was not entitled to possess the classified document under the Minimum Information Security Standards.

“A counter-intelligence investigation into the leakage of classified information was launched,” Hlungwani wrote.
“The investigation of classified information was within General Khan’s responsibilities in terms of the National Strategic Intelligence Act,” he wrote.
Hlungwani also rejected any alleged link between Khan and a burglary reported at Thamm’s home.

He told the commission that, as the person who reported the alleged classified-information leak, he had personal knowledge of why Khan’s section became involved.
Spokesperson Jeremy Michaels said the Commission had received more than 300 submissions, with relevant matters receiving further engagement.

Setumo Stone