The Madlanga Commission of Inquiry has ordered that criminal charges be pursued against former Crime Intelligence deputy head Major General Feroz Khan for failing to comply with a subpoena requiring him to appear before the inquiry.
Commission chairperson Justice Mbuyiseli Madlanga ruled on Monday that Khan’s failure to attend the proceedings, either in person or virtually, amounted to a “flagrant disregard” of the subpoena and an earlier ruling by the commission.
Khan was scheduled to appear before the commission on Monday, but his legal team sought a postponement. The application was rejected, with the commission maintaining that any outstanding concerns could have been raised while Khan was in attendance.
Madlanga subsequently instructed Commission Secretary Dr Nolitha Vukuza to take the necessary steps to lay criminal charges against Khan over his non-attendance.
“So, his non-appearance today is a flagrant disregard of a subpoena by this commission,” Madlanga said.
The latest development comes after the commission had previously postponed Khan’s testimony and imposed conditions relating to his medical situation. In September, Madlanga directed that an independent medical practitioner assess Khan’s condition and ordered that a firm deadline be set for him to submit his outstanding statement.
Khan had been due to testify on Monday after evidence concerning him had previously been presented to the commission in his absence.
He was dismissed from the South African Police Service earlier this month following disciplinary proceedings.
The commission is investigating allegations of corruption, criminal infiltration and interference within South Africa’s law enforcement agencies.