Witness
EFF leader; Member of Parliament · South Africa
Named · filed responding affidavit
The leader of the Economic Freedom Fighters (EFF) and a Member of Parliament. Malema is not a commission witness and has not been charged. His name arises from a supporting affidavit by commission investigator Tshepo Nyatlo, filed in the public court record (page 009124) over Maj-Gen Feroz Khan's seized devices, and from the commission's summons to Khan, which asks him to explain his relationship with Malema. On 7 July 2026 (Day 134), after WhatsApp messages from Khan's seized phone were led alleging that Khan and businessman Mohamed 'Mo' Sayed plotted to trap the then Inspector-General of Intelligence into a false statement, Malema filed a responding affidavit - read into the commission record - denying that he conspired to orchestrate the removal of Dr Setlhomamaru Dintwe and saying he could not verify the authenticity of the messages. Malema has publicly described Khan as a longtime acquaintance from their ANC days and denied any wrongdoing. These are untested allegations in court papers; no findings have been made and Malema is presumed innocent.
This profile summarises testimony and evidence given on the public record before the Madlanga Commission of Inquiry. It restates allegations as presented at the hearings and is not a finding of guilt, liability, or wrongdoing by any person.
Their role
The commission's summons requires Maj-Gen Feroz Khan to explain 'the nature of your relationship with Mr Malema', and whether Malema undertook to campaign politically to protect Khan from disciplinary action over financial misconduct while Khan controlled Crime Intelligence accounts. The summons frames these as questions for Khan to answer on 1 July 2026, not as findings.
The Nyatlo affidavit alleges Malema undertook to campaign politically to shield Khan from dismissal from Crime Intelligence. It cites a 5 September 2021 voice note in which businessman Mohammed Sayed allegedly relayed that Malema said things were 'moving smoothly.' Untested allegation; presumed innocent.
The affidavit alleges Khan and Sayed engineered an attempt to remove then Inspector-General of Intelligence Dr Isaac Dintwe by planting questions for the EFF to pose in Parliament, to trap him in a false statement. Sayed allegedly forwarded the questions referencing Malema; the EFF later raised broadly similar questions. Dr Dintwe is named as the intended target, not as a wrongdoer. Untested allegation.
The affidavit alleges that, at Sayed's request, Khan used his SAPS authority to obtain and pass to Malema the name and home address of a person who had laid a complaint against Malema. Untested allegation in a public court document; presumed innocent.
The affidavit links Sayed's business Conalinks to a reported R650,000 donation to the EFF and a R2 million advance to Malema, and references Sayed's associate making a Sandton penthouse available to him. These are untested allegations; the source of party funding is contested and no finding has been made.
MK Party MP Vusi Shongwe testified before the Madlanga Commission on 30 June 2026 that, on Parliament's ad hoc committee on policing, Malema was the most vocal in opposing Maj-Gen Feroz Khan being called to testify - though Shongwe said other parties also supported keeping Khan off the witness list. This is untested evidence of a witness's recollection of a committee process; Malema has not answered it before the commission and is presumed innocent.
On 7 July 2026 (Day 134) evidence leader Advocate Matthew Chaskalson SC led WhatsApp messages from Khan's seized phone said to show Khan and Mohamed 'Mo' Sayed plotting to trap the then Inspector-General of Intelligence, Dr Setlhomamaru Dintwe, into a false statement so his removal could be demanded, referencing questions Malema had allegedly forwarded ('Juju sent me now'). Malema submitted a responding affidavit, read into the commission record, in which he stated 'I deny that I conspired to orchestrate the removal of Dr Dintwe', said 'I do not have knowledge of the exchanges between Mr Sayed and General Khan', and said he could not verify the authenticity of the messages. He also rejected any suggestion that businessman-linked funds amounted to bribery of the EFF, while confirming the previously reported Carnilinx/Mazzotti-linked donation towards the party's registration. His affidavit was the only response filed to the notice. This is his stated position on untested allegations; he is presumed innocent.
Malema has repeatedly described Khan as a longtime acquaintance from their ANC days and denied any wrongdoing in the relationship. None of the allegations has been tested in court and no findings have been made against him. On 7 July 2026 he filed a responding affidavit denying the alleged plot to remove the Inspector-General of Intelligence; Khan, hospitalised after the June shooting, has not given his own version and his evidence has been led in his absence.
Connections
MK Party Member of Parliament
Shongwe testified on 30 June 2026 that Malema was the most vocal on Parliament's ad hoc committee in opposing Khan being called to appear. Untested allegation; Malema is presumed innocent.
View profile →Named together in the Nyatlo affidavitDeputy head, SAPS Crime Intelligence (suspended)
The affidavit and Khan's summons allege a relationship in which Malema received a complainant's details and undertook to protect Khan politically. Both deny wrongdoing; untested allegations.
View profile →Alleged intermediaryBusinessman; alleged co-director, Conalinks
Sayed is alleged to have relayed messages between Khan and Malema, including the Parliamentary questions and the '5 September' political-protection voice note. Untested allegations.
View profile →Sources