News24 | Major-General Feroz Khan ordered to appear before Madlanga Commission

Crime Intelligence deputy head Major-General Feroz Khan is set to appear before the Madlanga Commission on 1 July, where he will testify for several days.

Commission spokesperson Jeremy Michaels said on Monday that Khan would remain under examination for as long as necessary, until he was excused by commission chairperson, Justice Mbuyiseli Madlanga.

“The commission has set aside several days for his testimony. His testimony is key; there have been numerous allegations made both against him and around him.

“His testimony is absolutely critical to the work of the commission, so we expect that he will be appearing on 1 July,” Michaels added.

According to Michaels, Khan had withdrawn two urgent court applications seeking to prevent the commission from accessing data on electronic devices seized from him last month.

Michaels said that the commission issued a regulation 10(6) notice to the South African Police Service (SAPS) authorising access to Khan’s devices, which were seized on 10 May.

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A regulation 10(6) notice authorises SAPS to provide access to devices, arguing that the information contained on them is crucial to its investigation.

On 3 June, Michaels said that the commission was served with an urgent application, filed by Khan in the Gauteng High Court in Johannesburg, seeking an order interdicting the commission and SAPS from accessing, analysing or dealing with the devices and any information stored on them.

Michaels said that the commission opposed the application and filed a detailed affidavit on Saturday, arguing that the material contained on the devices was necessary for its work.

“This morning [Monday], General Khan abandoned that urgent application to have the initial application heard in camera. He also abandoned his initial urgent application against the commission,” Michaels said.

He said that following a case management meeting with acting Deputy Judge president Justice Lebogang Modiba, the withdrawal of the applications will be incorporated into a court order.

“As matters stand, Major-General Khan is set to appear before the commission on 1 July, and his testimony is key to the commission’s work, given the numerous serious allegations which have been made against him and other implicated SAPS officers, as well as other individuals,” he said.

Khan previously argued that the search-and-seizure of his devices was warrantless and therefore unlawful and unconstitutional.

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