Major-General Feroz Khan has again failed to appear before the Madlanga Commission.
He was due to testify on Monday, 28 September. His lawyers attended in his place.
It is the third scheduled appearance Khan has missed.
Commission chairperson Justice Mbuyiseli Madlanga had set a condition for Monday.
Khan would be excused only if he underwent an independent medical evaluation. A specialist would have to find him unfit to testify.
Khan was first due to testify on 1 July. He was shot in Houghton on 28 June and spent weeks in hospital.
He was due again on 1 September. Days before, he was readmitted to a Johannesburg hospital.
The commission then moved his evidence to 28 September.
Khan is the dismissed deputy head of Crime Intelligence.
His lawyer disputes the dismissal. Khan is challenging the disciplinary process in the Labour Court.
His absence comes as the commission weighs a request to hear parts of his evidence behind closed doors.
The commission’s evidence leaders filed the application on 18 September.
It concerns WhatsApp messages and documents linked to Khan.
They say the material could identify police informants. They say it could also expose ongoing investigations into organised crime groups.
Some of this material has already been heard in private. It was led behind closed doors on 7 and 9 July, while Khan was absent.
The evidence leaders want Khan’s response to that material to be private too.
Under the proposal, his lawyers may attend the closed sessions.
They may share the contents with Khan to get his instructions. Madlanga would decide who else may be present.
The application also seeks confidentiality over the recordings, transcripts and documents. The media were given 72 hours to oppose it.
The commission has heard evidence about Khan in his absence.
It heard allegations that Khan defeated the ends of justice. Evidence leader Matthew Chaskalson SC said several chats showed friends of Khan sending him case numbers and asking for help.
The commission also heard messages between Khan and Andrea Johnson, the former head of the Investigating Directorate Against Corruption.
Evidence leaders questioned Johnson on whether the relationship was closer than she had disclosed.
These allegations are untested. They are not findings against Khan.
Khan has not yet answered them from the witness stand.
The push for secrecy has switched sides. In June, Khan’s own legal team applied for his testimony to be heard in camera. They cited his safety and the identities of informants.
Khan also went to the High Court. He wanted to stop the commission from using material from devices seized during his arrest.
The commission opposed him. Khan later abandoned the court bids. These included an application to have the court case heard in camera.
Khan also faces a separate criminal case. He was arrested in May with Gauteng Hawks head Major-General Ebrahim Kadwa and Durban businessman Tariq Downes.
The three face charges of contravening the Precious Metals Act. They also face charges of defeating or obstructing the course of justice.
The case dates back to 2021. Downes was allegedly found with unwrought gold at OR Tambo International Airport.
The State alleges that Khan and Kadwa told officers to release him.
Each was granted R20,000 bail. None has been convicted.
The criminal case is separate from the commission.
