Madlanga Commission asked to hear Feroz Khan WhatsApp evidence behind closed doors

Fired Deputy Crime Intelligence head Maj-Gen Feroz Khan is expected to testify at the Madlanga Commission on Monday.

Expelled SAPS major-general Feroz Khan is due to take stand at the Madlanga Commission on Monday but evidence leaders have launched a bid to keep his key WhatsApp communications out of the public eye.

Khan is scheduled to appear before the Commission on September 28, where he is expected to respond to evidence already presented during the inquiry.

This is after Khan was re-admitted to the hospital earlier this month, shortly before his scheduled appearance.

The application seeks permission to introduce certain WhatsApp communications involving Khan, together with related documents, in an in camera hearing.

“The evidence leaders will seek a ruling from the Chairperson that certain evidence relating to General Khan be led in camera, but in the presence of his legal representatives, in advance of his appearance before the Commission,” the evidence leaders said in their affidavit.

If granted, the public and media would be excluded from that portion of the proceedings.

Khan’s lawyers would remain in the room and would be allowed to brief their client on what was discussed.

They could also disclose information to a third party where this was necessary to obtain legal instructions.

The evidence leaders are further asking that transcripts, recordings and documents from the closed proceedings be kept confidential.

The application comes after the Commission heard evidence concerning Khan’s alleged financial dealings, his property interests, vehicles and communications with individuals who have featured in the inquiry.

WhatsApp messages allegedly involving Khan have also formed part of evidence presented to the commission, including communications that evidence leaders have linked to allegations of political interference and dealings involving senior intelligence figures.

Khan has not yet had the opportunity to answer that evidence from the witness stand.

The latest application also asks the Commission to excuse the late filing of the request.

The media has been given 72 hours to object to the proposed closed-door proceedings.

Importantly, the application is not a decision by the commission to keep Khan’s evidence secret, it is a request that still has to be considered by the chairperson.