Former Crime Intelligence deputy Feroz Khan will face criminal charges for defying a subpoena to appear before the Madlanga Commission of Inquiry. Khan was expected to testify on September 28, 2026, but failed to appear, prompting the commission to refer the matter to the National Prosecuting Authority (NPA) for consideration. The commission had issued a subpoena requiring Khan's presence, either in person or via video link.
Khan's legal team had launched a postponement application, but it was rejected by the commission. Evidence leader Adila Hassim expressed "grave concerns" about the application, describing it as a "fait accompli." Commission chairperson Justice Mbuyiseli Madlanga refused the postponement application, stating that Khan's non-appearance was a "flagrant disregard of a subpoena."
Khan is already facing criminal charges in a separate case linked to unrought gold and the release of a suspect. He was officially dismissed from the South African Police Service on September 2, 2026, for failing to appear before an officer involved in a disciplinary process against him. Khan was initially meant to testify before the Madlanga Commission in July but was wounded in a shooting and hospitalized.
During the commission proceedings, Khan's legal representative, Muhammed Vally, argued that Khan needed to testify remotely due to stress triggers. Vally claimed that an expert report by a doctor approved by the commission supported this request. However, Hassim pointed out that the option for a virtual appearance had previously been rejected by Khan's attorneys.
The Madlanga Commission is investigating allegations against Khan, including tweaked tenders, a tobacco boss, and a politician. Khan's proximity to disgraced former Investigating Directorate Against Corruption boss Andrea Johnson also came under scrutiny. The commission may hear an application for sections of Khan's evidence to be dealt with in camera on October 6, 2026.
Khan's case has been marked by controversy, with the commission hearing evidence about him despite his absence. The commission's decision to lodge criminal charges against Khan adds to his woes. Madlanga announced that Khan's failure to attend the commission would be referred to the NPA for consideration.
The Madlanga Commission of Inquiry continues its investigation into allegations of impropriety within the Crime Intelligence division of the South African Police Service. Khan's testimony is crucial to the investigation, and his absence has hindered the commission's progress. The commission's proceedings will continue on October 6, 2026, with an application for in-camera hearings.
Key points
- Feroz Khan faces criminal charges for defying a subpoena to appear before the Madlanga Commission of Inquiry.
- Khan's legal team had argued that he needed to testify remotely due to stress triggers.
- The Madlanga Commission continues its investigation into allegations of impropriety within the Crime Intelligence division.