Feroz Khan’s medical struggle delays testimony at Madlanga Commission
The senior officer was subpoenaed to testify on Tuesday, after his initial appearance was postponed due to hospitalisation following an alleged shooting incident outside his Johannesburg home in June.
The Madlanga Commission has been locked in a legal tussle over Major-General Feroz Khan’s medical condition, with his lawyers warning that an independent assessment could worsen his health.
However, evidence leaders push for greater clarity on when he will be able to testify.
Khan’s legal team opposed a proposal for an independent medical practitioner to assess whether he is fit to appear before the inquiry.
He was expected to testify again, but his lawyers told the commission that he had been readmitted to hospital.
'WHITE COAT EFFECT'
Khan’s lawyer, Muhammed Vally, argued that an independent examination could itself trigger a deterioration in his client’s condition.
Vally described this as a “white coat effect”, saying the presence of a third-party expert could trigger “a further cascade” of Khan’s current condition.
He suggested that an independent medical practitioner could first engage with Khan’s treating doctor to establish whether an assessment would be safe.
But Vally also warned the commission that Khan’s condition could not necessarily be determined through a single examination.
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“This is the type of injury that requires more than one.”
He said there could be “up to three or four” assessment sessions to determine the extent of the injury and, more importantly, Khan’s prognosis.
MADLANGA PUSHES FOR A WAY FORWARD
Chairperson Justice Mbuyiseli Madlanga questioned whether there was a way for the two sides to engage before the commission was forced to make a decision on compelling an independent assessment.
Madlanga suggested that the initial step could be for a medical practitioner with the relevant expertise to engage with Khan’s treating doctor.
He said there was “a lot” for Khan’s legal team and the evidence leaders to engage on before the commission was forced to take a more formal approach.
Vally, however, warned that the commission had practical experience of medical assessments and changing prognoses.
He said a person could initially be told they would recover within a certain period, only for that timeline to change.
Vally told Madlanga he would not be surprised if Khan was eventually given a further projected recovery date stretching as far as April 2027.
“I’m not saying that’s what’s going to happen, but I wouldn’t be surprised.”
EVIDENCE LEADERS CHALLENGE SECRECY
Evidence leader Advocate Adila Hassim then intervened, saying the submissions about Khan’s injuries needed to be placed in context.
She pointed out that Khan had been subpoenaed to appear that day and was absent because of medical reasons.
Hassim also challenged what she described as a “blanket secrecy” around Khan’s medical condition.
She acknowledged that medical information ordinarily attracts a right to privacy, but argued that Khan had placed his medical condition before the commission as the basis for seeking a postponement.
Her argument was that the public interest was not about Khan’s health for its own sake, but about accountability.
“It’s an interest in understanding why a senior public officer who is under a compulsory process of this commission… should be excused from appearing, potentially for an indefinite period.”
Hassim said the commission did not need every detail of Khan’s clinical records.
Instead, she argued that his broad medical condition, the extent to which it affects his ability to testify and his prognosis should be disclosed.
Madlanga ultimately said he did not believe enough evidence had been placed before the commission to justify forcing Khan to undergo an independent medical examination.
He therefore declined to compel Khan to be assessed by an independent medical practitioner.
However, the chairperson said Khan’s medical condition must be disclosed, while the details of his condition should remain confidential.
Madlanga also directed Khan’s legal team and the evidence leaders to provide a firm date by which his outstanding statement would be submitted.
Khan’s medical dispute comes as the commission continues to grapple with serious allegations concerning the senior Crime Intelligence officer.
The inquiry has heard evidence about WhatsApp messages allegedly linking him to political and business figures, multimillion-rand property and vehicle holdings, and suspected tender fraud.
The commission has also examined an alleged personal relationship between Khan and former head of the Investigating Directorate Against Corruption, Advocate Andrea Johnson.
Messages allegedly indicate that Johnson shared sensitive police information with Khan.
Khan has yet to give his account of these allegations before the commission.
His medical condition has therefore become a key issue in determining when, and under what circumstances,he will finally be able to take the witness stand.
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