Background
The Madlanga Commission is investigating matters related to Crime Intelligence. Former major‑general Feroz Khan was summoned to give evidence but did not show up for the hearing on Monday.
What Happened at the Inquiry
- Khan failed to appear in person.
- The commission had offered him the option to testify virtually.
- Despite this accommodation, Khan was absent both physically and online.
Medical Assessment and Accommodation
An independent medical assessor reviewed Khan’s condition and concluded:
- He is capable of giving evidence.
- He should do so remotely (via video link).
The commission therefore removed the requirement for physical attendance, allowing Khan to participate from a location equipped for a virtual hearing.
Commission’s Decision
Chair retired deputy justice Mbuyiseli Madlanga:
- Dismissed Khan’s request for a postponement.
- Found that Khan, on advice from his lawyers, had disregarded a lawfully issued subpoena.
- Stated, “You have disregarded the subpoena,” addressing Khan’s legal team.
Because Khan did not appear even after the virtual option was provided, the commission decided to pursue criminal charges for failure to comply with the subpoena.
Legal Team’s Response
Khan’s lawyer, Mohammed Valey, argued that:
- The absence was not intentional.
- His team misinterpreted the medical assessor’s report, believing it did not obligate Khan to testify virtually.
Valey maintained that Khan did not deliberately ignore the summons.
Next Steps
- The commission’s secretary will be approached to lay criminal charges against Khan.
- The matter moves from a dispute over medical condition to a potential criminal proceeding.
- The commission will continue its work while the charge process unfolds.
Conclusion
The Madlanga Commission has determined that former major‑general Feroz Khan failed to obey a lawful subpoena, even after being given a reasonable virtual alternative. As a result, criminal charges are being considered, underscoring the commission’s insistence that all witnesses comply with its summonses, regardless of personal circumstances.
