BREAKING: Madlanga Commission to lay criminal charges against Feroz Khan after subpoena no-show - IOL

Major-General Feroz Khan will face criminal charges, retired justice Mbuyiseli Madlanga announced that the commission will open a case after he failed to appear on Monday.

Madlanga Commission is set to lay criminal charges against fired Crime Intelligence major-general Feroz Khan after he failed to appear before the inquiry on Monday — despite being given the option to testify virtually.

”The commission’s secretary will be approached to lay criminal charges against Khan,” chair retired deputy justice Mbuyiseli Madlanga said. 

Madlanga dismissed Khan’s application for a postponement, finding that the former police general had, on the advice of his attorneys, disregarded a subpoena that had been legitimately issued by the commission.

“You have disregarded the subpoena,” Madlanga told Khan’s legal team.

The finding came after Khan once again failed to appear before the commission, despite an independent medical assessment having cleared the way for him to give evidence remotely.

Khan’s lawyer, Mohammed Valey, rejected the suggestion that his client had deliberately ignored the subpoena.

Valey told the commission that Khan had not disregarded the subpoena, but that his legal team had misinterpreted the report of the independent medical assessor.

That report found that Khan was capable of testifying before the commission, but that he should do so virtually.

Despite that accommodation, Khan did not appear — either in person or by video link.

The absence prompted pointed questions from Madlanga, who questioned why Khan was not at the commission, or at another location equipped for a virtual hearing, if he was prepared to give evidence remotely.

The commission had effectively removed the physical attendance requirement, yet Khan still did not appear.

Madlanga's ruling means the matter now moves beyond a dispute over Khan’s medical condition and postponement request.

The commission intends to refer the alleged failure to comply with its subpoena for criminal action.

The latest development follows Khan’s previous failure to appear before the inquiry and places renewed focus on his obligation to comply with the commission’s summons.

For the commission, the issue was no longer simply whether Khan could physically attend its proceedings.

The independent medical assessment had provided an alternative: he could testify virtually.

But when the time came for him to give evidence, Khan was absent again.

Madlanga’s decision leaves Khan facing potential criminal proceedings over his failure to comply with the commission’s subpoena.

Meanwhile his legal team maintained that the absence resulted from a misunderstanding of the medical assessor’s findings rather than a deliberate decision to disregard the inquiry.

The commission will now proceed with the criminal-charge process as it continues its work.