Pretoria – The Madlanga Commission has ordered criminal charges to be pursued against former Crime Intelligence deputy head Major-General Feroz Khan after he failed to appear before the inquiry on Monday, despite being cleared to testify virtually.
Commission chair Justice Mbuyiseli Madlanga rejected Khan’s application for a postponement after he again failed to attend the hearing at the Brigitte Mabandla Justice College in Pretoria.
According to IOL, Madlanga said Khan’s failure to appear, including remotely, amounted to a disregard of a subpoena issued by the commission.
“The commission’s secretary will be approached to lay criminal charges against Khan,” Madlanga said.
The ruling followed an independent medical assessment which found that Khan was able to give evidence, but recommended that he do so virtually.
The commission had therefore made arrangements to accommodate Khan without requiring him to attend the hearing in person.
MADLANGA COMMISSION | ANOTHER POSTPONEMENT?
General Feroz Khan was expected to finally take the stand today — but his appearance is now facing another postponement application.After months of waiting, the big question remains: Will Khan finally enter the witness box?… pic.twitter.com/ZmDaHmSxhY
— African Vibe Media (@AVMedia_za) September 28, 2026
Madlanga questioned why Khan had not been placed at a suitable location from which he could participate in the proceedings remotely.
“His non-appearance today is a flagrant disregard of a subpoena by this commission,” Madlanga said.
Khan’s lawyer, Mohammed Valey, argued that his client had not deliberately disregarded the subpoena.
Valey told the commission that his legal team had misunderstood the findings of the independent medical assessor and maintained that Khan’s absence was linked to that misunderstanding.
However, Madlanga rejected the explanation and said outstanding issues could have been raised while Khan was participating in the inquiry.
According to EWN, the evidence leaders had also urged the commission to refer Khan’s non-attendance to the National Prosecuting Authority for consideration of possible criminal charges under the legislation governing commissions of inquiry.
Khan was originally scheduled to testify on 1 July, but his appearance was delayed after he was shot in Houghton, Johannesburg, on 28 June.
MADLANGA COMMISSION | Chairperson Mbuyiseli Madlanga says the doctor’s report did not state that Feroz Khan was unable to participate in the proceedings, arguing that Khan chose to disregard the Commission’s subpoena. pic.twitter.com/8EO04wKwVO
— SABC News (@SABCNews) September 28, 2026
He was treated at Milpark Hospital according to The Citizen and was later discharged. His testimony was subsequently postponed several times amid disputes over his medical condition and his ability to participate in the proceedings.
The latest postponement request came after the commission had ordered an independent medical assessment to determine whether Khan was fit to testify.
The commission ultimately accepted the recommendation that he appear virtually.
Madlanga said the subpoena remained binding and could not simply be disregarded because Khan and his lawyers had outstanding concerns.
The decision marks a significant escalation in the commission’s efforts to secure Khan’s testimony as it investigates allegations of corruption, political interference and criminality within the criminal justice system.
The commission has indicated that parts of Khan’s evidence could still be heard on 6 October if arrangements for an in-camera hearing are approved.
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Compiled by Glaan Sibuyi
