Former crime intelligence deputy Major General Feroz Khan has been ordered to appear before the Madlanga Commission on October 6. A subpoena issued by the commission directs Khan to give evidence in camera and remain before the inquiry until excused by its chairperson. The Commission’s instruction is explicit: Khan must “appear before the Commission personally” on October 6. Failure to comply without sufficient cause constitutes an offence under the Commissions Act.
Khan’s legal team has raised questions about the meaning of “personally”, arguing that the Commission’s ruling contemplated evidence being given remotely. In a letter to the attorneys representing the Commission, Khan’s lawyers sought confirmation on whether Khan would be permitted to participate remotely. They also requested details of the remote connection and technical arrangements.
The lawyers requested clarity on the scope of the questioning, asking the Commission to confirm that it would be confined to the in-camera evidence Khan had previously given on July 7 and 9. Khan’s lawyers say the requirement to submit a statement by midday on October 3 gives their client a “very short period” following the Commission’s latest ruling.
Khan’s lawyers stressed that any previous indication that Khan could give limited evidence on October 6 had to be understood alongside the medical qualifications attached to that indication. “It was not an unconditional representation of fitness for a full day’s questioning or a waiver of adequate preparation time and medical safeguards,” the lawyers wrote.
The Commission’s subpoena makes clear that Khan remains required to appear unless the Commission itself modifies or excuses compliance. Khan’s lawyers have reserved his right to seek a review of adverse findings made against him. The Madlanga Commission is set to continue its inquiry with Khan’s testimony.
The subpoena was issued on Friday, directing Khan to appear on Tuesday, October 6, at 9.30am. Khan’s lawyers have been challenging the terms of his appearance, citing concerns about the scope of questioning and technical arrangements for remote participation.
The Madlanga Commission is investigating matters related to Khan's tenure as crime intelligence deputy. Khan's testimony is crucial to the inquiry, and his appearance will likely shed more light on the issues under investigation. The Commission's proceedings will continue as scheduled.
Key points
- Khan must appear before the Madlanga Commission on October 6 to give in-camera evidence.
- Khan's lawyers have challenged the subpoena terms, citing concerns about remote participation and scope of questioning.
- The Commission's subpoena requires Khan to appear personally, with failure to comply constituting an offence under the Commissions Act.
