By Johnathan Paoli
Dismissed deputy head of Crime Intelligence Major-General Feroz Khan is finally set to appear before the Madlanga Commission on Tuesday after submitting his long-delayed statement.
Commission spokesperson Jeremy Michaels confirmed on Sunday that Khan had submitted his statement after chairperson Mbuyiseli Madlanga ordered him to do so by noon on Saturday.
Khan is expected to testify remotely, resolving a dispute over a subpoena that required him to appear “personally” before the commission.
His evidence will begin behind closed doors, with only the commission’s bench, relevant evidence leaders, attorneys and his legal representatives permitted to attend.
Madlanga granted an application by the evidence leaders for Khan to respond privately to evidence previously led in camera on 7 and 9 July.
The evidence leaders argued that some of the material involved confidential police informants embedded in organised crime networks and ongoing investigations, meaning public disclosure could put people at risk, prejudice investigations or allow suspects to evade arrest.
Khan was originally due to testify in July, but was shot and wounded in Johannesburg on 28 June, days before his scheduled appearance.
While he was hospitalised, the commission proceeded with evidence concerning him in his absence.
The commission previously heard allegations that Khan interfered in the investigation of the 2021 Aeroton cocaine seizure, where about 715kg of cocaine was seized after being transported from Durban to Gauteng.
Witnesses alleged that Khan took control of the crime scene and that the case was subsequently compromised, with a substantial quantity of cocaine allegedly unaccounted for.
Evidence leaders also questioned Khan’s wealth, telling the commission that his financial disclosures showed a dramatic increase from no vehicles in 2023 to roughly 30 vehicles in 2024.
They further alleged that he had a property portfolio worth about R39 million, a car-parts business generating about R3 million a year and income substantially above his police salary.
The commission heard WhatsApp exchanges allegedly showing Khan facilitating government procurement for businessman Mohamed “Mo” Sayed, including discussions about SAPS face-mask contracts, Covid-19 test kits and other tenders.
Evidence leaders alleged that the messages suggested Khan was acting as a facilitator between Sayed and officials involved in procurement, allegations Khan has yet to answer under oath.
The commission also heard allegations that Khan and Sayed plotted to trap then Inspector-General of Intelligence Setlhomamaru Dintwe into making a false statement so that his removal could be sought.
One WhatsApp exchange allegedly contained the message that the strategy “should get him to lie” and then allow them to demand his removal, while EFF leader Julius Malema was referenced in the communications; but Malema has denied conspiring in such a plot.
Another allegation concerned Khan’s relationship with Sayed and the alleged use of Crime Intelligence resources against rivals in the illicit tobacco trade.
Evidence leaders also raised an alleged instruction to activate a “counter” against Daily Maverick journalist Marianne Thamm after she reported on alleged SAPS corruption, prompting a call for further investigation.
The commission further heard evidence concerning Khan’s relationship with former Investigating Directorate Against Corruption (IDAC) head Andrea Johnson, including allegations that confidential information from a 2018 assault docket involving Khan was leaked to him.
Johnson later invoked her right against self-incrimination when questioned about the allegation.
Khan’s failure to appear before the commission on 28 September resulted in Madlanga directing that criminal charges be pursued against him, describing his non-attendance as a “flagrant disregard” of the subpoena.
Meanwhile, suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya’s disciplinary process relating to evidence before the commission, including improper relationships with underworld figures, is due to get under way, although his legal team is seeking to postpone it while he remains in custody awaiting the continuation of his bail application.
The expedited disciplinary hearing was scheduled for Monday.
SAPS said arrangements would be made for the hearing to proceed at Kgosi Mampuru II Correctional Centre if Sibiya remained in custody.
Sibiya is separately facing criminal charges including rape, human trafficking and allegations relating to the sexual grooming of a 16-year-old girl, with a further firearm-related charge added to the case.
His bail application was postponed to Wednesday, after the state sought more time to prepare its response to the defence case.
Prosecutors have argued that Sibiya could interfere with witnesses if released, while his lawyers have maintained that the criminal case is aimed at removing him from the police service.
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