Crime Intelligence deputy head Major-General Feroz Khan’s appearance before the Madlanga Commission of Inquiry has been postponed to later this month, with the commission ordering an independent medical assessment to establish whether he is medically fit to testify.
Khan was expected to appear before the commission on Tuesday but was absent after his legal team cited his ongoing health problems following an alleged assassination attempt in June.
Commission chairperson Judge Mbuyiseli Madlanga ruled that Khan must appear in person on 28 September at 9.30am, unless an independent medical specialist determines that he is unable to testify.
“The hearing of Major-General Feroz Khan’s evidence is postponed to Monday, 28 September 2026 at 09h30, at which hearing Major-General Feroz Khan shall be required to appear and testify in person,” Madlanga said.
The commission has also ordered Khan to submit an affidavit responding to its questions by 18 September.
Madlanga Commission Questions Khan’s Medical Certificates
Khan may be excused from appearing if he voluntarily undergoes an independent medical evaluation by 8 September.
The assessment must be conducted by a medical specialist agreed upon by Khan’s representatives and the commission’s evidence leaders.
The specialist will then have to provide a report confirming whether Khan is medically unable to testify on 28 September.
The commission’s decision follows questions surrounding medical certificates submitted in support of Khan’s absence.
Evidence leader Adila Hassim told the commission that Khan’s treating doctor, Dr Fine, had submitted an affidavit acknowledging that changes were made to one of the certificates relating to Khan’s sick leave.
Fine said Khan’s son had asked for changes to be made, including backdating the certificate and changing the date on which Khan was recorded as being fit to return to work.
Hassim said the circumstances made an independent assessment necessary.
“This is to emphasise the importance of the independent medical evaluation of the patient himself and not to have an intermediate position where there are engagements with the treating doctor and so on,” Hassim said.
She also argued that there was no legal impediment to the commission appointing an independent medical practitioner to assess Khan and determine whether he should be excused from testifying.
Feroz Khan’s Lawyers Cite June Shooting
Khan’s legal representatives have previously told the commission that he is recovering from an alleged targeted shooting in Houghton on 28 June.
The incident reportedly left the senior police officer unconscious. He was discharged from hospital for rehabilitation but has reportedly since been readmitted to Milpark Hospital in Johannesburg.
His lawyer, Muhammed Vally, said the medical certificates had been revised after the South African Police Service requested additional information about Khan’s incapacity.
Vally also asked the commission to protect sensitive information relating to Khan’s medical condition.
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“If this is to be conducted before the public, give us an opportunity to redact the sensitive bit before the record and then we can refer to documents and even flight it to the extent required,” Vally said.
The commission has now given Khan until 18 September to respond to its questions in an affidavit.
His testimony is expected to take place on 28 September, unless the independent medical assessment confirms that he is not fit to appear.
Labour Court Dispute Raises Further Questions
Questions over Khan’s medical certificates have also featured in a Labour Court dispute between the senior officer and SAPS.
Crime Intelligence head General Dumisani Khumalo, who is Khan’s direct superior, submitted an affidavit relating to Khan’s application for incapacity leave.
One medical certificate stated that Khan was medically unfit and booked off until 30 June 2026.
However, another certificate submitted by his doctors on 20 August stated that he remained medically unfit and was booked off until 27 June 2026, with his condition described as extreme stress, depression and anxiety.
Hassim pointed to the difference in the dates during Tuesday’s proceedings.
“What we see here is a change in the date, 27 June whereas the earlier certificate said 30 June,” she said.
Khumalo argued in his Labour Court affidavit that the amended date may have been connected to Khan’s shooting on 28 June.
“It is the respondent’s contention that the change appears to have been necessitated by the fact that the original sick note indicated that Major-General Khan was booked off sick until 30 June 2026. However, Major-General Khan was shot on 28 June 2026 which fell within the period covered by the original sick note.
“This could potentially have resulted in questions being raised regarding the approval of his temporary incapacity leave, particularly as questions could have been asked as to why he was out walking on the streets late at night while officially booked off sick,” Khumalo said.
Fine also told the Labour Court that he had made adjustments to a medical certificate dated 18 May 2026, adding a diagnosis relating to extreme stress, depression and anxiety.
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“At that stage I did not know the implications of that date,” Fine said.
Khan’s medical condition and the circumstances surrounding his alleged shooting are expected to remain central to the question of when, and whether, he will be able to give evidence before the Madlanga Commission.
