South Africa to bring charges against Feroz Khan for failing to appear before commission — Daily Maverick

In South Africa, criminal charges are to be brought against former crime intelligence officer Feroz Khan over his failure to appear before the Madlanga Commission of Inquiry on September 28. As Daily Maverick reports, Khan was required to testify in person or via video link in accordance with a subpoena issued to him.

The commission’s chairperson, Judge Mbuyiseli Madlanga, dismissed the defence’s request to postpone Khan’s appearance by about a month. The subpoena required him to attend hearings on September 28, 29 and 30. Madlanga described Khan’s failure to appear as a flagrant disregard for the subpoena and said criminal charges would be brought over his absence from the hearing, both in person and remotely.

The commission’s position

Adila Hassim, the representative for the evidence-leading side, expressed serious concern over the postponement request submitted by Khan’s team late in the evening on September 27. She called for his absence to be recorded as a violation of the provisions of the Commissions Act and for the matter to be referred to South Africa’s National Prosecuting Authority for consideration.

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According to Madlanga, no doctor had stated that Khan was unable to attend the hearing on September 28, either in person or via video link.

The defence’s explanation

Khan’s representative, Muhammad Valli, referred to doctors’ findings and said his client should testify in familiar surroundings to avoid stress factors that could interrupt his appearance. According to Valli, Khan would also need regular breaks.

Hassim noted that Khan’s lawyers had previously been offered the option of arranging his remote participation, but they rejected it, citing a renewed deterioration in his condition. Khan is already involved in a criminal case related to unprocessed gold and the release of a suspect. On September 2, he was officially dismissed from the South African Police Service for failing to appear before an official conducting a disciplinary process.