Madlanga commission rejects shot cop Khan’s private hearing bid, slams lawyer over ‘leak’ claims

A high-stakes showdown unfolded at the Madlanga commission of inquiry on Wednesday as commissioners flatly rejected a private-hearing bid for suspended crime intelligence deputy head Maj-Gen Feroz Khan and issued a stern warning to his legal team for accusing the inquiry of internal leaks.

Khan was scheduled to testify before the commission on Wednesday morning. However, his appearance was delayed after he was hospitalised following a shooting in Houghton on Sunday evening. Instead, his legal team appeared before the commission to argue an application requesting that Khan’s testimony be heard in camera.

The commission ultimately declined the request, prompting the legal team to withdraw the application.

Chairperson Mbuyiseli Madlanga noted that the application lacked a proper legal basis and faced outright dismissal.

“I must tell you outright that the application is vague,” Madlanga said.

Madlanga emphasised that without a clear explanation as to how public testimony on certain matters would compromise Khan’s safety, the application simply did not make sense.

Prior to the application being rejected, Zubair Khan, representing Maj-Gen Khan, detailed the immense difficulties their client faces regarding testifying, given his severe medical state.

“Khan is unconscious, sedated, and we haven’t been able to gain access to him,” Zubair told the commission.

“He has tubes coming out of his mouth and abdomen. His doctors have restricted the number of visitors he may receive. He is certainly not a person who is lying in bed awake, enjoying his hospitalisation, and able to give us instructions. The supplementary affidavit will arrive as and when we are able to present it.”

The legal team emphasised that because Khan remains unconscious, he is completely unable to formulate or sign his supplementary affidavit. Consequently, Zubair requested a postponement of Khan’s evidence. He noted that it is impossible to confirm when the affidavit will be ready, given that they cannot consult with their client.

Zubair also raised concerns regarding the authenticity of WhatsApp messages and bank statements presented to them for Khan’s testimony, explaining that the defence would require significantly more time to verify the documents.

I find it strange that you could go out to the media and claim there was a directive from the commission based on something so nebulous. How you could do that ... just escapes me altogether. How could you say something so nebulous for the whole of South Africa to hear?

—  Judge Mbuyiseli Madlanga

Furthermore, Zubair addressed rumours circulating about the incident, noting that Khan’s family is deeply concerned by public reports suggesting the shooting was staged and that Khan is merely “lying in hospital eating jelly”.

To counter these claims, Zubair stated that they have obtained a J88 form, an official legal and medical document detailing physical injuries, which they will provide to the inquiry. They also invited the commission to independently assess Khan’s health.

“We invite the commission to gain access to him in the hospital, speak to his attending medical professional, and verify and satisfy yourselves that he is, in fact, in an extremely critical situation,” Zubair added.

Commission issues stern warning over ‘leaks’ accusation

The proceedings took a sharp turn when the commission issued a stern warning to Zubair to refrain from making speculative media statements that taint the inquiry’s integrity.

Following Sunday’s shooting, Zubair gave an interview to Newzroom Afrika, making speculative accusations and suggesting that Khan was targeted due to an internal leak within the commission.

In the interview, he referenced the murder of “Witness D” (identified as Marius van der Merwe), who was gunned down outside his home in Brakpan, Ekurhuleni, shortly after testifying. Zubair implied that a similar leak within the commission might have led to Khan’s shooting.

Defending his statements, Zubair argued that he was merely relaying the concerns of Khan’s family and sharing what he had personally observed the morning after the incident.

According to Zubair, members of various law enforcement units had attempted to gain access to Khan in the hospital to confirm the severity of his condition. He claimed that when he arrived at the hospital on Monday morning, individuals at the reception area claimed to be from the “Madlanga commission” and demanded to interview Khan.

Madlanga firmly denied this, stating that neither he nor any senior members of the commission had issued a directive to send personnel to check on Khan. Emphasising that the commission knew absolutely nothing about the matter, he slammed the legal team for making “nebulous” public allegations.

“I find it strange that you could go out to the media and claim there was a directive from the commission based on something so nebulous,” Madlanga said. “How you could do that ... just escapes me altogether. How could you say something so nebulous for the whole of South Africa to hear?”

Madlanga warned that such statements send a dangerous and damaging message to the public.

“This is not only about what you intended to convey, but it is also about how reasonable listeners would have understood it,” Madlanga added. “You said this in the context of Khan being shot and you mentioned leaks. I understood you to mean leaks from or by the commission, linking back to the context of the shooting.”

Zubair responded by clarifying that he did not intend to communicate a conspiracy, claiming he had received the information regarding the mysterious hospital visitors from police officers present at the facility.

Nevertheless, Madlanga concluded with a final warning, urging the legal team to exercise extreme caution when speaking to the press so as not to impugn the integrity of the inquiry.

“You should be very careful about that,” Madlanga warned.

Zubair subsequently apologised to the commission.

While the commission had tentatively planned to reschedule Khan’s testimony for Friday, its status remains unclear. Khan’s legal team stated they would provide a formal update before proceedings begin on Friday morning.

Sunday Times