The Madlanga Commission has announced that it will lay criminal charges against Major-General Feroz Khan, a former Crime Intelligence major-general, after he failed to appear before the inquiry on Monday. Despite being given the option to testify virtually, Khan did not appear, prompting the commission's chair, retired deputy justice Mbuyiseli Madlanga, to dismiss his application for a postponement. Madlanga found that Khan had disregarded a subpoena that had been legitimately issued by the commission.
Khan's lawyer, Mohammed Valey, rejected the suggestion that his client had deliberately ignored the subpoena, stating that the legal team had misinterpreted the report of the independent medical assessor. The report found that Khan was capable of testifying before the commission, but that he should do so virtually. However, Khan did not appear, either in person or by video link, despite the commission having effectively removed the physical attendance requirement.
Madlanga questioned why Khan was not at the commission, or at another location equipped for a virtual hearing, if he was prepared to give evidence remotely. The commission had provided an alternative to physical attendance, yet Khan still did not appear. This development follows Khan's previous failure to appear before the inquiry and places renewed focus on his obligation to comply with the commission's summons.
The independent medical assessment had cleared the way for Khan to give evidence remotely, but he failed to do so. Madlanga's ruling means the matter now moves beyond a dispute over Khan's medical condition and postponement request. The commission intends to refer the alleged failure to comply with its subpoena for criminal action.
Khan was fired from his position as Crime Intelligence major-general, and the Madlanga Commission is investigating allegations of corruption and misconduct within the South African Police Service. The commission's work is ongoing, and the latest development places renewed focus on Khan's obligation to comply with the commission's summons.
The Madlanga Commission's decision to lay criminal charges against Khan leaves him facing potential criminal proceedings over his failure to comply with the commission's subpoena. Meanwhile, his legal team maintained that the absence resulted from a misunderstanding of the medical assessor's findings rather than a deliberate decision to disregard the inquiry.
The commission will now proceed with the criminal-charge process as it continues its work. The matter is set to unfold in the coming days, with Khan facing potential consequences for his actions. The Madlanga Commission's work aims to uncover and address allegations of corruption and misconduct within the South African Police Service.
Key points
- The Madlanga Commission will lay criminal charges against Major-General Feroz Khan for failing to appear before the inquiry despite being given the option to testify virtually.
- Khan's lawyer claims that his client's absence was due to a misunderstanding of the medical assessor's findings rather than a deliberate decision to disregard the inquiry.
- The commission's decision to lay criminal charges against Khan marks a significant development in the ongoing investigation into allegations of corruption and misconduct within the South African Police Service.
