JOHANNESBURG - Embattled Crime Intelligence deputy head Major-General Feroz Khan has been ordered to testify in person before the Madlanga Commission on 28 September.
Khan will only be excused from appearing if he undergoes an independent evaluation by a medical specialist agreed between his representatives and the commission's leadership.
The evaluation is expected to be conducted no later than 8 September, and the medical report confirming that Khan is medically unable to testify must be provided to the commission by 15 September.
This ruling was handed down on Tuesday by Chairperson Mbuyiseli Madlanga.
Madlanga also ruled that Khan’s medical condition must be disclosed to them, while the specific details of his illness remain private.
Khan was meant to appear before the commission; however, he failed to do so amid reports that he had been readmitted to a Johannesburg hospital.
READ | Feroz Khan's Madlanga testimony hangs in the balance
And as such, his legal team appeared on his behalf seeking a postponement.
Madlanga said he was not satisfied that enough was placed before the commission for an order in the terms proposed by Khan through his lawyers.
"I will not say that the Commission is going to force General Khan to subject himself to being examined by an independent doctor, but rather a ruling similar to that was made in respect of Mr. Carrim is what must issue here as well,"Madlanga said.
The commission further added that Khan's condition must not delay the submission of his outstanding statement.
This, according to Madlanga, is because Khan's legal team had already indicated that they had reached an advanced stage in preparing the statement when he was allegedly shot.
As such, the commission ordered that the statement be submitted by 18 September.