The Madlanga commission has announced its decision to lay criminal charges against Maj-Gen Feroz Khan, former police crime intelligence operation support boss, for failing to appear before the commission. Khan's testimony was postponed due to health reasons, but despite an independent doctor's recommendation for virtual testimony, he did not appear. Commission chair Mbuyiseli Madlanga expressed disappointment, stating that Khan's non-appearance was a "flagrant disregard of a subpoena."
According to Madlanga, Khan's attorney, Muhammed Vally, had identified himself with the disregard of the subpoena, which the commission chair found unfortunate. The commission's secretary, Nolitha Vukuza, will lay the complaint on behalf of the commission. The Commissions Act states that any person summoned to attend who fails to do so without sufficient cause shall be guilty of an offence, liable to a fine or imprisonment.
Khan was scheduled to testify about allegations of receiving "kickbacks" in a R280m National Treasury tender and evidence implicating him in wrongdoing. The commission is investigating allegations of criminal infiltration in law enforcement agencies. Khan had been subjected to an independent medical analysis after suffering gunshot wounds in late June.
An independent report by Dr Mayaven Naidoo recommended virtual testimony due to Khan's health situation. However, Khan's legal team did not engage with the commission to plan a virtual attendance, and no link was prepared. Vally argued that Naidoo's report did not indicate suitable timelines for Khan's testimony, and a further doctor's report was needed.
The commission dismissed Vally's application for a postponement, finding that Khan did not attend virtually or physically before the commission issued a ruling on his attendance. Madlanga stated that Khan's legal team's interpretation of the medical reports led to the breach of the commission's rules.
Khan's non-appearance has resulted in the commission taking further action. The commission's decision to lay charges against Khan demonstrates its commitment to investigating allegations of wrongdoing. The Madlanga commission will continue to investigate allegations of criminal infiltration in law enforcement agencies.
The case against Khan will likely continue to unfold, with Khan facing potential consequences for his non-appearance. The commission's actions aim to ensure accountability and uphold the law. Key issues surrounding Khan's testimony and alleged wrongdoing will be addressed as the investigation progresses.
Key points
- The Madlanga commission will lay criminal charges against Maj-Gen Feroz Khan for failing to appear before the commission despite an independent doctor's recommendation for virtual testimony.
- Khan's testimony was related to allegations of receiving "kickbacks" in a R280m National Treasury tender and evidence implicating him in wrongdoing.
- The commission is investigating allegations of criminal infiltration in law enforcement agencies.
