The Madlanga commission will proceed with criminal charges against former police crime intelligence operation support chief Maj-Gen Feroz Khan for refusing to testify after multiple delays tied to his health. Commission head Mbuyiseli Madlanga announced the decision on Monday, emphasizing that Khan’s absence, whether in person or virtually, directly defied the commission’s subpoena and prior rulings.
Khan’s legal representatives had sought postponements, citing a medical report from an independent physician that advised against in-person attendance. Despite this, no steps were taken to enable a remote appearance, and Khan failed to appear at all. Madlanga expressed frustration with the legal team for not collaborating with the commission to arrange a virtual hearing, resulting in no prepared connection for the session.
The commission denied a final request from Khan’s attorney, Muhammed Vally, to defer testimony by another month. Vally argued the medical assessment lacked a definitive recovery timeline, necessitating further evaluation. Madlanga rejected this, stating the legal team’s handling of the medical reports led to Khan’s violation of the commission’s procedures.
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The Commissions Act allows for penalties of up to R1,093 in fines, six months’ imprisonment, or both for those who ignore summons without justification. Commission secretary Nolitha Vukuza will now initiate legal action against Khan for contempt of the subpoena.
Khan’s testimony was intended to address claims involving R280 million in alleged kickbacks linked to a Treasury procurement, as well as broader accusations of misconduct within law enforcement. The commission’s investigation centers on criminal influence within police and intelligence units.
