Feroz Khan co-accused could seek charges withdrawal as defence slams ‘delays’ in precious metals case
The alleged delays were undermining the accused's constitutional right to a fair and expeditious trial.
One of the co-accused in the precious metals case involving suspended Crime Intelligence deputy head Feroz Khan may seek to have the charges against him withdrawn, according to reports from the Kempton Park Magistrate’s Court on Wednesday, 2 September 2026. Khan, Ebrahim Kadwa and Tariq Downes are facing charges of corruption, defeating the ends of justice and contravening the Precious Metals Act.
They were arrested on 10 May 2026 for seizing 75.9 grams of raw gold at OR Tambo International Airport in 2021. Bail for the three men stands at R20 000 each. Defence lawyers have accused the state of deliberately delaying proceedings, arguing that the delays are violating their clients’ constitutional right to a fair and expeditious trial.
They argue that the state is hindering their ability to prepare for the trial by withholding crucial documents and evidence. Specifically, they claim that the state has not provided a list of witnesses that must be disclosed under the Constitution. The defence also points out that proceedings are being hampered by separate legal battles, such as Kadwa's application to the Supreme Court of Appeal seeking to stop police from accessing his cellphone.
Downes' legal representative suggests that the state may be reluctant to complete its investigation, even though a prima facie case against him exists. If the defence can present representations to the National Prosecuting Authority (NPA), they may ask the NPA to review the charges against Downes, potentially leading to a withdrawal of charges. The court has postponed the hearing until 27 November 2026.
Written by urgent.news from The Citizen's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
