Feroz Khan fights axing in court

Beleaguered Crime Intelligence deputy head Feroz Khan has taken the South African Police Service (SAPS) to the Labour Court in a bid to overturn the outcome of a disciplinary process that could see him dismissed from the police.

The Sunday Times understands that the disciplinary process concluded this week and recommended Khan’s dismissal following findings relating to serious criminal allegations and ongoing investigations into alleged misconduct, corruption and links to organised crime networks within the police.

However, Khan’s lawyer, Muhammed Vally, disputed that his client had been dismissed, saying the disciplinary process had proceeded in Khan’s absence while he was dealing with medical problems.

“He is not fired, the matter is at Labour Court as it was concluded even though he had medical problems and was unable to attend,” Vally said.

Police spokesperson Athlenda Mathe declined to comment on the specifics of the matter, citing the ongoing court proceedings.

“The matter you are referring to is currently the subject of an internal departmental process and is also before the Labour Court. As the matter is therefore sub judice, SAPS is unable to comment on the specific issues raised or the merits of the disciplinary proceedings at this stage.

“SAPS will respect and abide by the outcome of the judicial process and will provide further comment when it is appropriate and legally permissible to do so,” she said.

Khumalo found that Khan was guilty of misconduct and bringing the SAPS into disrepute

—  Police insider

A police insider told the Sunday Times the disciplinary process had been expedited by investigators appointed through the SAPS human resources structure.

According to the insider, the process was overseen by KwaZulu-Natal district commissioner Maj-Gen Jabulani Khumalo, who found Khan guilty of misconduct and bringing the police into disrepute.

“Khumalo found that Khan was guilty of misconduct and bringing the SAPS into disrepute.”

The investigators were part of a team dealing specifically with allegations against members of the police made at the Madalnga commission.

“The team expedites matters considered urgent, and in Khan’s matter they found things that were not mentioned at the commission,” the insider said.

Khan was arrested in May alongside Gauteng Hawks boss Ebrahim Kadwa and Durban businessman Tariq Downes.

The trio face charges including defeating or obstructing the course of justice and contraventions of the Precious Metals Act.

They were released on R20,000 bail by the Kempton Park magistrate’s court after making their first appearance in June.

The trio is accused of unlawfully acquiring and possessing precious metals without the required licence.

Khan is a central figure in the Madlanga Commission of Inquiry into allegations of corruption and criminality within the police.

Evidence presented to the inquiry, including information obtained from forensic examination of electronic devices seized from Khan, has placed him at the centre of allegations involving corruption, illicit networks and the manipulation of SAPS procurement processes.

He is accused of leaking confidential police information and assisting associates in securing lucrative SAPS procurement contracts.

Whistleblowers and other witnesses have further accused him of acting as a political “fixer”, allegedly using his influence to cultivate relationships with public representatives and exert influence over police affairs.

Khan was the target of an alleged violent attack shortly before he was due to appear before the commission.

He was hospitalised after allegedly being ambushed by gunmen in Houghton.

Khan was discharged in mid-July and has since been recuperating at an undisclosed location.

While SAPS maintains that it cannot discuss the disciplinary case because it is before the Labour Court, Khan’s legal team is challenging the process and its outcome.

At the centre of that legal battle will be whether SAPS was entitled to conclude the disciplinary proceedings in Khan’s absence while he was recovering from his injuries and dealing with medical problems.