By Johnathan Paoli
Controversial Crime Intelligence deputy head Major-General Feroz Khan has reportedly been readmitted to a Johannesburg hospital, nearly two months after he was shot and seriously wounded in Houghton.
Khan, a key figure in the Madlanga Commission of Inquiry’s investigation into alleged corruption, criminality and political interference within the criminal justice system, had been subpoenaed to appear before the commission this week and was recently served with a further Rule 3 notice requiring him to answer additional questions.
The commission previously led evidence implicating Khan in his absence after he was unable to testify following the shooting on 28 June.
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According to reports, Khan remains under medical and psychiatric treatment following the shooting, in which a bullet entered his lower back and lodged close to his spine.
He underwent emergency surgery and was hospitalised at Netcare Milpark Hospital until 17 July.
While his injuries were described as life-threatening, doctors stressed that his discharge from hospital did not mean that he had recovered.
Khan was subsequently assessed as suffering from post-traumatic stress disorder and severe major depressive disorder.
Medical reports describe him as “extremely agitated, anxious and tearful”, while also suffering from depression, pain and short-term memory difficulties.
According to the court papers, consultations with Khan reportedly had to be interrupted after between 20 and 30 minutes because of pain and discomfort.
His reported return comes as the Police and Prisons Civil Rights Union (Popcru) has officially supported Khan approaching the Labour Court over a disciplinary process that the union says could result in the injured senior Crime Intelligence officer losing his income and eventually being discharged from the police service.
According to Khan’s lawyer, Mohammed Vally, the Labour Court proceedings stem from the way the disciplinary process continued while Khan was absent and recuperating from serious injuries sustained in the shooting.
The matter concerns the interception of businessman Tariq Downes at OR Tambo International Airport, where he was allegedly found carrying metal suspected to be gold.
SAPS alleges that Khan abused his authority and provided false information to officers dealing with Downes, allegedly resulting in him not being arrested.
The allegations against Khan include defeating the ends of justice and dishonesty.
Popcru has stressed that Khan is not seeking immunity from disciplinary action.
Instead, his representatives sought what they described as a limited postponement until his medically certified incapacity had ended and he could be reassessed.
But the dispute escalated at a disciplinary hearing on 12 August.
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The chairperson of the hearing, Major-General Jabu Khumalo, questioned the authenticity of medical documents submitted in support of Khan’s request for a postponement.
According to the founding affidavit, Khumalo identified what he regarded as discrepancies between signatures and said the documents could be assessed with the “naked eye”.
Khan’s representatives offered to obtain direct confirmation from the doctor who had issued the documents.
But, according to the court papers, Khumalo nevertheless concluded that they were “fraudulent documents”.
The disciplinary proceedings were ordered to continue and Khan was required to attend.
Khan’s trauma surgeon, Dr Shumani Makhadi, later confirmed under oath that he had written the medical documents and explained why different versions of his signature appeared.
Khan’s legal team has also raised concerns about Khumalo’s appointment as disciplinary chairperson, including his previous involvement in disciplinary proceedings against Khan and issues concerning him that have been raised before the Madlanga Commission.
The dispute intensified on 17 August when Regulation 9(7) was invoked.
Regulation 9(7) of the SAPS Discipline Regulations provides that an officer who fails to appear for an expeditious disciplinary process may be deemed suspended without pay and, if they do not take steps to have the matter reconvened within 10 working days, may ultimately be deemed discharged from the police service.
Popcru argued that this immediately threatened Khan’s income and triggered a 10-working-day process that could ultimately result in him being deemed discharged from SAPS.
The union has described the matter as a fight over whether the state can effectively strip Khan of his income and employment while he remains medically incapable of properly defending himself.
Popcru said that while it was not seeking immunity for Khan from discipline, rather arguing that the immediate issue is whether disciplinary mechanisms can be used against Khan while his physical and psychological condition prevents him from meaningfully participating in his own defence.
The Labour Court is now considering the matter, with judgement pending.
Meanwhile, the Madlanga Commission has refused an application by Hawks KwaZulu-Natal tracing team head Lieutenant-Colonel Deenadayalan Govender for portions of his testimony relating to a Regulation 10(6) notice to be heard entirely in camera.
The commission granted condonation for the late filing of Govender’s application but ruled that his responses to paragraphs 2.4 and 2.5 of the notice dated 7 August must be heard in an open hearing on Monday.
However, the ruling protects the identities of witnesses connected to an ongoing investigation into the theft of suspected cocaine at the Port Shepstone offices of the Hawks.
Govender will also not be required to disclose specific police strategies, methods, investigation techniques or intelligence-gathering methods in public.
A separate portion of his evidence relating to testimony given by Witness P in camera about a counter-intelligence operation involving organised drug gangs in the Durban area will itself be heard in camera.
