Feroz Khan ordered to appear before Madlanga Commission as lawyers challenge subpoena terms
Former Crime Intelligence deputy head Major-General Feroz Khan has been ordered to give evidence before the Madlanga Commission on 6 October, but his lawyers are disputing whether he must appear in person and how the questioning will be conducted.
Major General Feroz Khan has been subpoenaed to appear before the Madlanga Commission on October 6 at 9:30am for a mandatory in-camera testimony session, unless the Commission grants him an exemption. His legal representatives have raised concerns over the terms of the subpoena, asserting that the Commission's ruling does not necessarily prohibit remote testimony.
In a letter to Commission attorneys, Khan's lawyers contend that the term "personally" in the subpoena may not preclude remote participation. They are seeking clarification on the remote connection requirements, the availability of legal representation during the hearing, and the scope of the questioning, which they argue should be limited to the in-camera testimony given by Khan on July 7 and 9.
The lawyers also highlighted the brevity of the 48-hour notice period to prepare for the testimony, emphasizing that it does not imply Khan's fitness for a full day of questioning or a waiver of necessary medical safeguards. The Commission's subpoena explicitly states that Khan must comply with the appearance unless the Commission explicitly modifies or excuses the requirement.
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