Dismissed Crime Intelligence deputy head Major-General Feroz Khan is due to appear before the #MadlangaCommission tomorrow

Tuesday, with his evidence to be heard behind closed doors.

Khan has been subpoenaed to appear at 9.30am on 6 October and remain until excused by commission chairperson Justice Mbuyiseli Madlanga. The closed session will deal with evidence led in his absence on 7 and 9 July. Only the commissioners, designated evidence leaders and legal teams will be allowed to attend, while publishing, broadcasting or recording the proceedings is prohibited.

Commission spokesperson Jeremy Michaels confirmed on Sunday that Khan had submitted the statement ordered by Madlanga by midday on Saturday, 3 October. He is expected to testify remotely after his lawyers challenged a subpoena requiring him to appear “personally”, arguing that the commission had previously permitted him to give evidence via video link.

Khan’s appearance follows months of delays. He was shot in Houghton on 28 June, shortly before he was due to testify on 1 July. He later missed a 28 September appearance after Madlanga refused another postponement, describing his absence as a “flagrant disregard” of the subpoena. Madlanga said commission secretary Dr Nolitha Vukuza would be asked to lay criminal charges. An independent medical assessment had cleared Khan to testify via video link.

Khan, who has since been dismissed from the South African Police Service, was arrested in May on charges of corruption, defeating the ends of justice and contravening the Precious Metals Act. He was granted R20,000 bail. Those charges are separate from the commission’s investigation.

Evidence leaders are expected to question Khan about allegations arising largely from devices seized from him. Investigator Tshepo Nyatlo has alleged that Khan and tobacco executive Mohamed Sayed sought to manipulate a R280 million National Treasury IT contract through Lieutenant-General Molefe Fani, allegedly involving a 30% kickback.

Khan is also expected to face questions about alleged interference in the 2021 Aeroton cocaine seizure involving about 715kg of cocaine, as well as claims that he drafted parliamentary questions later submitted by EFF leader Julius Malema in an alleged effort to remove former Inspector-General of Intelligence Dr Setlhomamaru Dintwe.

The allegations have not been tested in court, and Khan has previously reserved his right to challenge any adverse findings.

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