Feroz Khan’s sick note was allegedly backdated after SAPS received it, Madlanga Commission hears

The Madlanga Commission is tightening its control over witnesses facing criminal charges. Businessman Suliman Carrim has been slapped with criminal charges for failing to appear, while Major-General Feroz Khan's hospitalization has drawn attention to another witness's absence. Khan had been due to testify on Tuesday but did not show up following his reported readmission to the hospital.

Commission spokesperson Jeremy Michaels confirmed that Carrim had been legally charged by the commission's secretary, a move that now rests with the commission's Recommendations Task Team. Carrim had appeared before the commission on March 9 and 10 but failed to return, citing medical reasons. Madlanga ordered Carrim to appear or undergo an independent medical assessment, which he refused to do.

Michaels emphasized that the commission would not tolerate non-compliance and that witnesses who ignore subpoenas face consequences. Legal expert Ephraim Lusenga clarified that once a subpoena is lawfully issued and served, witnesses are legally obligated to comply unless they have a valid reason for non-compliance. Failing to appear without sufficient cause, refusing to take an oath, avoid answering lawful questions, or produce required documents could be considered an offense.

A conviction could lead to a fine, imprisonment, or both. Carrim's repeated absences, particularly after being given the chance to undergo an independent medical assessment, could strengthen the case that his non-compliance was intentional. The criminal case against Carrim is now being handled in the criminal justice system, while Khan's absence continues to draw attention.

Khan's subpoena remains active, and the commission aims to hear his side of the story. South African courts have previously dealt with witnesses refusing to cooperate with commissions of inquiry, as seen in the case of former President Jacob Zuma, who was found in contempt by the Constitutional Court for refusing to testify before the State Capture Commission.