Major‑General Feroz Khan’s Fight to Get His Devices Back
What Happened?
In May 2024 Major‑General Feroz Khan, who heads the Crime Intelligence unit, went to the Johannesburg High Court’s Urgent Court. He asked the judge to stop police from looking at his electronic devices because they were taken without a warrant.
The First Court Request
On May 26 Khan filed an urgent application saying:
- The police searched and seized his phones, laptops and tablets without a proper warrant.
- He wanted the court to block anyone from accessing the data until the legality of the seizure was decided.
A New Twist on May 29
Just three days later, the State Attorney told Khan that the devices had already been handed over to the Madlanga Commission – a body set up to investigate certain matters. This transfer happened while Khan’s urgent application was still pending.
Why Khan Filed a Fresh Application
On June 1 Khan launched a second application. He argued that:
- The original seizure was still unlawful because no warrant was used.
- Moving the devices to the commission before the court ruled changed the nature of the dispute and needed to be reviewed.
- Notices issued by the commission are flawed and go beyond its legal powers.
What’s Inside the Devices?
In his affidavit Khan said the gadgets hold:
- Personal data and private messages.
- Privileged communications with lawyers.
- Intelligence‑related material.
- Details about confidential informants and classified operations.
He warned that if anyone copies, shares or even looks at this information, the damage cannot be undone.
Khan’s Main Concerns
Khan stressed three points:
- Risk to informants: Exposing their identities could endanger lives.
- Irreversible harm: Once data is leaked, it can’t be taken back.
- No alternative fix: Even if the court later rules in his favor, the leaked information would still be out there.
Why He Believes the Court Should Act Now
Khan argued that keeping the devices in state custody while the legal questions are settled would cause no prejudice to the authorities. Meanwhile, the urgent need to protect private and classified information remains.
He said the case raises important constitutional issues about:
- The right to privacy.
- How public power is exercised.
- The relationship between commissions of inquiry and the courts.
Conclusion
Major‑General Feroz Khan is back in court fighting to stop anyone from looking at his seized electronic devices. He says the warrantless seizure and the early transfer to the Madlanga Commission threaten personal privacy, the safety of informants, and national security. Until the courts decide whether the seizure was lawful, Khan wants the devices kept secure and out of anyone’s hands. The outcome could set a precedent for how South Africa balances investigative powers with individual rights.
