The Madlanga Commission of Inquiry has refused an initial request by suspended Crime Intelligence deputy head Major-General Feroz Khan to have his evidence heard behind closed doors, ruling that the application lacked sufficient detail to justify limiting public access to the proceedings.
The decision came after Khan’s legal team appeared before the commission in his absence, following his hospitalisation after he was shot over the weekend.
Hospitalisation Prevents Scheduled Appearance
Khan had been due to testify before the commission on Wednesday, but his appearance was postponed after he sustained gunshot wounds on Sunday.
According to his lawyers, the senior police officer remains in a critical condition and is unable to communicate, preventing them from obtaining further instructions or preparing additional legal documents on his behalf.
His legal representative, Zubair Khan, told the commission that the injured officer is unconscious, sedated and receiving intensive medical care.
Lawyers Seek Delay Until Client Can Give Instructions
Khan’s legal team argued that it would be impossible for their client to continue with the inquiry while he remains incapacitated.
They explained that a supplementary affidavit was needed to support the request for private testimony but could not be completed because Khan is unable to review or sign the document.
The defence therefore requested that both the affidavit and Khan’s testimony be postponed until his medical condition improves.
Defence Questions Evidence Prepared for Testimony
Beyond the medical concerns, Khan’s lawyers also said they needed additional time to examine evidence expected to be presented during the inquiry.
They specifically raised questions about the authenticity of WhatsApp messages and bank records that form part of the commission’s material, arguing that proper verification would require more time before any testimony could proceed.
The legal team maintained that delaying the matter would not prejudice the commission’s work and would allow all issues to be properly addressed.
Family Concerned Over Public Speculation
Addressing reports circulating after the shooting, the defence said Khan’s family had been distressed by suggestions that the attack was staged or that his injuries had been exaggerated.
To counter those claims, the legal team revealed they had obtained a J88 medical report documenting his injuries and intended to submit it to the commission.
They also invited members of the inquiry to independently verify Khan’s condition by consulting with his treating doctors at the hospital.
Commission Finds Application Too Vague
Commission chairperson Justice Mbuyiseli Madlanga said the request to conduct proceedings in camera failed to explain which parts of Khan’s evidence required confidentiality or why public hearings would pose any risk.
Madlanga said the application lacked the legal clarity needed for the commission to consider restricting public access, adding that it was unclear whether the request related only to evidence concerning the Aeroton investigation or to Khan’s testimony more broadly.
Without detailed reasons supporting the request, he indicated the application could not succeed.
Legal Team Withdraws Request
Following the commission’s criticism, Khan’s legal representatives withdrew the application instead of pursuing an immediate ruling.
However, the commission left the door open for a revised application to be submitted at a later stage, provided it contains fuller legal arguments and sufficient detail to justify any request for private testimony.
For now, Khan’s appearance before the inquiry remains on hold as his recovery continues and his legal team awaits the opportunity to receive instructions directly from him.
