PRETORIA - The Madlanga Commission will lay criminal charges against axed Crime Intelligence deputy head Feroz Khan after he was a no-show at the inquiry despite a subpoena for him to appear.
The Commission has also rejected his application for a postponement.
The disgraced former cop was expected to testify remotely on Monday, but instead his legal representatives applied for a postponement.
Commission chairperson Justice Mbuyiseli Madlanga has directed the Commission’s secretary to lay criminal charges against Khan for failing to attend.
LIVESTREAM | Madlanga Commission continues
The Commission had previously ordered Khan to undergo an independent medical assessment to establish whether he was fit to testify. The order followed scrutiny of medical certificates submitted on Khan’s behalf, including an allegation that one of the certificates had been backdated.
An independent psychiatrist subsequently found that Khan should appear remotely.
Addressing Khan’s failure to attend, Madlanga said Khan’s non-attendance was a flagrant disregard of the Commission.
“I take a very dim view of that. And I am very disappointed that his legal representatives seem to associate themselves with Khan’s non-attendance.”
Madlanga also rejected an argument by Khan’s legal representative, Muhammed Valley, that certain conditions identified by the independent psychiatrist had not been put in place for Khan to testify.
“In argument, Mr Valley conflates issues that are in fact different. He says the independent psychiatrist has indicated what needs to be in place for Khan to be ready to testify, and he makes the point that that is not in place.
ALSO READ | Feroz Khan’s lawyers hint at legal challenge to dismissal
“Even accepting for purposes of this ruling that those issues are indeed outstanding, the subpoena and my ruling stand on a different footing. They require Khan’s attendance. If there are outstanding issues, they can be argued, and they require Khan’s attendance,” a visibly annoyed Madlanga said.
Parts of Khan’s evidence are now expected to be heard in-camera on 6 October.