Madlanga Commission: Counsel Pushes for NPA Referral Over Feroz Khan’s Non-Appearance

#MadlangaCommission #FerozKhan #JusticeMadlanga #NPA #SouthAfrica ‎Counsel for the evidence leaders at the Madlanga Commission has called for Major-General Feroz Khan’s failure to appear before the inquiry to be referred to the National Prosecuting Authority (NPA), arguing that his absence was contrary to the subpoena issued for his attendance. ‎The submission came during a tense dispute over Khan’s failure to participate remotely on Monday, despite an independent medical assessment indicating that he should not be required to appear physically. ‎ ‎Counsel rejected the defence’s argument that Khan had not been given sufficient time to consider additional evidence. He told the Commission that further files and exhibits had already been disclosed to Khan and that financial disclosure forms had been available since July. ‎ ‎The legal team also questioned the late delivery of statements, including an expected 88-page statement, arguing that complaints about continuous disclosure did not withstand scrutiny. ‎ ‎Counsel then asked the Commission to record Khan’s non-attendance for the day and refer the matter to the NPA under Section 6 of the Commission’s Act. ‎ ‎A commissioner clarified that the submission related specifically to Monday’s absence and did not mean Khan was excused from the remaining dates covered by his subpoena. ‎ ‎The Chairperson, Justice Mbuyiseli Madlanga, reminded the parties that Khan had been warned that failure to appear could carry legal consequences. Counsel maintained that Khan’s absence was in defiance of the subpoena and should therefore be referred to the NPA for consideration. ‎ ‎The hearing then turned to the question of why Khan was not at an arranged venue for remote testimony. ‎ ‎When asked where Khan was, his counsel, Mr Valli, confirmed that he was at home. ‎ ‎The Chairperson pointed out that the independent specialist had indicated Khan did not have to appear physically, but questioned why arrangements had not been made for him to participate remotely. ‎ ‎Valli said the defence had been focused on meeting the Rule 10.6 deadline and preparing Khan’s statement. The Chairperson, however, said this did not explain why the defence had not responded to the Commission’s proposal for a remote hearing. ‎ ‎Valli argued that Dr Naidoo’s report was central to the defence’s position, particularly its references to psychiatric symptoms, concentration difficulties and the burden of reviewing more than 11,000 pages of material. ‎ ‎The Chairperson acknowledged that the report supported remote participation but maintained that the Commission’s attorneys had already attempted to initiate arrangements for such a hearing. ‎ ‎The disagreement ultimately centred on the distinction between appearing before the Commission and actually giving evidence. ‎ ‎Justice Madlanga said Khan could not unilaterally decide not to appear while subject to a subpoena. He maintained that the medical concerns raised by the defence related to Khan’s ability to testify, rather than his obligation to appear remotely. ‎ ‎Valli disputed the characterisation, saying the defence had followed the medical advice provided by Dr Naidoo. ‎ ‎The Chairperson nevertheless maintained that the subpoena remained in force and questioned what purpose it would serve if a witness could simply decline to appear while outstanding issues remained unresolved. ‎ ‎The dispute comes as the Commission continues its examination of evidence involving Khan, whose testimony was previously postponed to 28 September after a medical-related application. The Commission had indicated that he would only be excused from appearing if an independent medical specialist confirmed that he was unable to testify. ‎ ‎The allegations and evidence concerning Khan remain matters for the Commission and other competent authorities to determine; they have not, by themselves, established criminal guilt. ‎ ‎#MadlangaCommission #FerozKhan #JusticeMadlanga #NPA #SouthAfrica #CrimeIntelligence #SAPS #CommissionOfInquiry #BreakingNews #SouthAfricanNews ‎ ‎Madlanga Commission, Feroz Khan, Major General Feroz Khan, Justice Mbuyiseli Madlanga, NPA referral, National Prosecuting Authority, Khan subpoena, Khan non attendance, remote hearing, Feroz Khan hearing, Crime Intelligence, SAPS, Rule 10.6, Madlanga Commission latest, South African politics, South African news, Commission of Inquiry, police corruption investigation