Story audio is generated using AI
The Madlanga commission of inquiry has rejected an application by suspended crime intelligence deputy head Maj-Gen Feroz Khan to have his testimony heard in camera.
Khan’s legal team filed the application on Sunday. Khan was shot and hospitalised on the same day.
While he was scheduled to testify on Wednesday, his hospitalisation prevented him from appearing. However, his legal representatives appeared before the commission to argue the in camera application.
The application is vague. I have no idea whether what Khan is asking is only for evidence relating to the Aeroton bust to be aired publicly and nothing more. If that’s the case, the affidavit doesn’t explain why everything else is out of bounds in terms of being aired publicly.
— Commission chairperson Mbuyiseli Madlanga
Zubair Khan, representing Khan, detailed the difficulties their client faces regarding testifying, given his severe medical state after Sunday night’s shooting.
“Khan is unconscious and sedated, and we haven’t been able to gain access to him,” his legal representative 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 unable to formulate or sign his supplementary affidavit. Consequently, Khan requested a postponement of his client’s evidence while they wait to supplement it. He noted it was impossible to confirm when the affidavit will be ready, given they cannot consult with their client.
“This supplementary affidavit speaks directly to his ability to testify,” Khan argued. “If he is unable to commission a supplementary affidavit, he is most certainly unable to testify.”
He also raised concerns regarding the authenticity of WhatsApp messages and bank statements presented to them for Khan’s testimony. He said the defence would require significantly more time to verify the documents.
“There would be no prejudice or harm in allowing this application to become ripe and then considering it, as opposed to dismissing it at this stage without a replying affidavit and the opportunity to place full information before the commission,” Zubair said.
The lawyer addressed rumours circulating about the incident, saying Khan’s family is deeply concerned by public reports suggesting the shooting was staged and Khan is “lying in hospital eating jelly”.
To counter the claims, Zubair said 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 an extremely critical situation,” Khan said.
Despite the arguments, commission chairperson Mbuyiseli Madlanga expressed deep scepticism about the in camera application, indicating it lacked a proper legal basis and faced dismissal.
“I must tell you outright that the application is vague,” Madlanga said. “I have no idea whether what Khan is asking is only for evidence relating to the Aeroton bust to be aired publicly and nothing more. If that’s the case, the affidavit doesn’t explain why everything else is out of bounds in terms of being aired publicly.”
Madlanga said without a clear explanation about why other matters could not be heard publicly without compromising safety, the application did not make sense.
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 an extremely critical situation
— Zubair Khan
The commission pressed the legal team to withdraw the motion. The application was subsequently withdrawn, though the legal team was invited to submit a fresh, more detailed application at a later stage.
TimesLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.