The Madlanga Commission will lay criminal charges against former Crime Intelligence deputy head Major-General Feroz Khan after he again failed to appear on Monday.
Khan did not attend in person or remotely.
An independent medical assessment had cleared the way for him to testify remotely.
Commission chairperson retired Justice Mbuyiseli Madlanga dismissed Khan’s application for a postponement.
He found that Khan had disregarded a subpoena that was legitimately issued, on the advice of his attorneys.
“You have disregarded the subpoena,” Madlanga told Khan’s legal team.
He said Khan’s absence was a “flagrant disregard of a subpoena by this commission”.
Madlanga said the commission accepted the finding of the independent psychiatrist, Dr Naidu, that Khan should appear remotely.
He questioned why Khan had not been placed at a venue where he could testify remotely. He said the commission had made every effort to accommodate him.
Khan’s lawyer, Muhammed Valley, argued that certain conditions identified by the psychiatrist had not been put in place.
Madlanga rejected the argument. He said that even if those issues were outstanding, the subpoena and his earlier ruling still required Khan to attend.
Any outstanding issues could be argued with Khan present.
He also criticised Khan’s legal team.
“I take a very dim view of that,” he said.
He said he was disappointed that Khan’s lawyers appeared to associate themselves with his non-attendance.
Madlanga directed the commission’s secretary, Dr Nolitha Vukuza, to lay criminal charges against Khan.
Part of Khan’s evidence may still be heard on 6 October, if an application for in-camera proceedings is granted.
Khan was first due to testify on 1 July. He was shot outside his Houghton home on 28 June and taken to Milpark Hospital.
His evidence was later postponed from 1 September to 28 September.
The commission had ruled that Khan could be excused only if an independent medical specialist confirmed he was unable to testify.
It also heard evidence about conflicting medical certificates.
Khan’s treating doctor said a certificate had been altered at the request of Khan’s son, including a change to the period he was booked off.
The commission has already heard serious allegations against Khan in his absence.
They relate to procurement, alleged abuse of authority and his dealings with other figures under scrutiny.
Khan has not yet answered those allegations before the commission.
On Friday, the commission’s evidence leaders applied to keep their key
WhatsApp communications out of public view.
