Suspended Crime Intelligence deputy head Major-General Feroz Khan will not be allowed, for now, to give evidence behind closed doors after the Madlanga Commission of Inquiry found his application lacked sufficient detail.
Khan was due to appear before the commission on Wednesday, but his testimony was postponed after he was shot on Sunday and admitted to hospital.
Although Khan could not attend the proceedings, his legal team appeared before the inquiry to motivate for parts of his evidence to be heard in camera.
His counsel, advocate Zubair Khan, told the commission that his client remained in a critical medical condition and was incapable of giving instructions.
According to Zubair, Khan is unconscious, heavily sedated and receiving treatment with tubes inserted into his mouth and abdomen.
He said doctors had restricted access to the patient, making it impossible for the legal team to consult with him or obtain a signed supplementary affidavit.
“The supplementary affidavit will arrive as and when we are able to present it,” Zubair said.
He argued that if Khan was medically unable to sign an affidavit, he was equally unfit to take the witness stand.
The advocate also asked for additional time to authenticate WhatsApp messages and bank statements that form part of the commission’s evidence.
He maintained that delaying the application would not prejudice the commission and would allow the defence to place all relevant information before the inquiry.
Responding to widespread speculation that the shooting had been staged, Zubair said Khan’s family wanted to put the rumours to rest.
He said the family had invited the commission’s chairperson and commissioners to visit Khan in hospital and satisfy themselves about his condition.
“We invite the commission to gain access to him in hospital, speak to his attending medical professionals and verify that he is, in fact, in an extremely critical situation,” Zubair said.
He added that the legal team would also submit Khan’s J88 medical report documenting the injuries he sustained.
Commission chairperson Mbuyiseli Madlanga, however, questioned the legal basis for the request to hold closed proceedings.
Madlanga said the application failed to clearly identify which parts of Khan’s proposed evidence required confidentiality.
He remarked that the affidavit did not explain why issues beyond the Aeroton operation could not be ventilated in public.
“The application is vague,” Madlanga said.
Without clear reasons showing that public testimony would compromise safety or the commission’s work, there was no basis to grant the request, he added.
Following the commission’s remarks, Khan’s lawyers withdrew the application instead of proceeding with it.
The commission nevertheless allowed the legal team to submit a fresh application supported by fuller reasons at a later stage.
Khan was suspended from the South African Police Service earlier this year after allegations of misconduct within Crime Intelligence surfaced.
Before he was shot, he had been expected to give evidence before the commission investigating allegations of corruption, political interference and abuse of intelligence structures within the police. His testimony is expected to play a significant role once he is medically fit to appear.
