Khan withdraws legal fight over seized devices, to testify at Madlanga commission on 1 July

Khan withdraws legal fight over seized devices, to testify at Madlanga commission on 1 July


Maj-Gen Feroz Khan, second-in-command of the police’s crime intelligence unit, will begin his testimony before the Madlanga Commission on 1 July, despite numerous attempts to prevent the commission from using his electronic devices as evidence and obtain an interdict against the inquiry.

At the end of May, Khan’s application to have his confiscated electronic devices returned was struck off the roll at the Johannesburg High Court.

About a week later, he was back in the high court, naming the Madlanga Commission and President Cyril Ramaphosa, among others, as respondents in his application.

He argued that the commission exceeded its powers when it seized his electronic devices – five cellphones and an iPad – during a raid on 10 May.

Meanwhile, Khan has been ordered to appear in front of the Madlanga Commission on 1 July, with no suggested duration for his testimony at this stage.

According to Jeremy Michaels, the commission’s spokesperson, Khan’s testimony is of “cardinal importance to the commission’s work, given the very serious allegations made against him, other officials involved and other individuals”.

From left at a previous court appearance, businessman Tariq Downes, Maj-Gen Feroz Khan and Maj-Gen Ebrahim Kadwa. PHOTO: Archives.

In a dramatic turnaround, Khan has now withdrawn his application to prevent the Madlanga Commission from accessing his electronic devices and to testify behind closed doors.

It has come to light that Khan and Maj-Gen Ebrahim Kadwa allegedly interfered with the Aeroton drug bust involving approximately R300-million worth of cocaine. The raid was carried out in July 2021.

It is also alleged that Khan, EFF leader Julius Malema and co-founder of tobacco company Carnilinx, Mohammadh Sayed, conspired to get rid of former inspector general Dr Setlhomamaru Dintwe. Khan also allegedly shared confidential information with Malema.

According to the commission’s order, Khan will have to provide answers to, among other things, how he found out about the drug bust, why he was at the scene himself, and what his role there was.

He will also have to answer questions about Kadwa’s presence, his orders to other senior SAPS officers, and allegations of interference.

His relationship with businessman Brown Mogotsi and Vusimusi “Cat” Matlala will also be central to his testimony.

According to screenshots of WhatsApp messages widely circulated on social media, Khan, Malema and Sayed allegedly openly discussed sensitive police information.

When Khan takes the stand on 1 July, he can expect to face intense questioning on multiple fronts, as well as his financial interests, including companies in which he is a director, shareholder or has a material interest.

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