Crime Intelligence deputy head Major-General Feroz Khan has launched an urgent court application to prevent the South African Police Service (SAPS) from downloading data from electronic devices seized during a search at his Houghton home.
In papers filed before the Johannesburg High Court, Khan argued that the search and seizure operation carried out by SAPS was unlawful and unconstitutional. He said officers confiscated several electronic devices, along with a firearm and ammunition.
Khan is now seeking an order compelling authorities to return the devices immediately and destroy any forensic copies that may already have been created.
Feroz Khan Warns Seized Data Could Expose Undercover Operatives
According to court documents, Khan said the devices contain information linked to politically sensitive investigations involving vehicle smuggling, illicit drug syndicates, political killings, gang violence and murder probes.
He warned that the information could place covert officers and intelligence operatives at risk if it is accessed by the wrong people.
“In the wrong hands, it unmasks the identities of investigative officers, surveillance officers and undercover operatives in the investigative field,” Khan stated in his affidavit.
[SAPS Forensic Captain To Appear In Pretoria Court Over Evidence Mishandling Charges]
“To ignore this could result in death, assassinations and compromising undercover operations, the costs of which run into millions of rand.”
Khan also claimed he surrendered the devices under duress while armed police officers were present at the property.
SAPS Investigation Linked To OR Tambo Airport Case
The urgent application comes after Khan recently appeared in the Kempton Park Magistrate’s Court alongside Gauteng Hawks head Major-General Ebrahim Kadwa and Durban businessman Tariq Downes.
The three accused were granted bail of R20,000 each on charges related to the alleged unlawful possession of unwrought precious metal.
The matter stems from the 2021 arrest of Downes at OR Tambo International Airport. Prosecutors alleged that Khan and Kadwa later falsely claimed Downes was involved in an undercover police operation.
That allegation resulted in additional charges of defeating the ends of justice.
Johannesburg High Court Could Hear Urgent Bid This Week
Khan stated in court papers that the state had indicated its investigation was largely complete, except for the downloading and processing of data from the seized devices.
While the criminal matter involving Khan, Kadwa and Downes has been postponed to July 14 for further investigation, The Times Post understands Khan’s urgent application could be heard as early as Thursday.
