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. He alleged that Jacobs had contravened the Protection of Information Act and the SAPS Act. “The investigation of classified information was within General Khan’s responsibilities in terms of the National Strategic Intelligence Act,” he wrote.