The Madlanga commission of inquiry has ordered an independent medical evaluation of suspended SAPS Crime Intelligence deputy head Maj-Gen Feroz Khan before deciding whether his continued absence from proceedings is justified.
Khan’s lawyer, Adv Mohammed Valli, told the commission on Tuesday that while his client did not object in principle to an independent assessment, there were concerns that such an examination could aggravate an existing medical condition.
Valli said two issues stood in the way of resolving the matter: a medical concern and a legal one.
“The medical impediment that I’d like to make submissions on is the following, having regard to the expert report, and I must be careful on how I address chairs so that I don’t disclose information that we contend is confidential,” he told the commission.
According to Valli, medical experts had warned that the involvement of an independent examiner could trigger a deterioration in Khan’s health.
“The presence of a third-party expert may induce a trigger, which may cause a further cascade of the current condition that is recorded in the latest report,” he said.
Proposal for engagement with commission-appointed expert
Valli said Khan’s legal team was willing to cooperate with an expert selected by the commission, provided that the specialist first consulted with Khan’s treating doctor to determine whether an independent examination posed any risk.
He further argued that determining Khan’s medical condition might require more than a single consultation, potentially delaying the process before Khan could be deemed fit to testify.
The submission formed part of ongoing efforts by Khan’s legal team to explain his failure to appear before the commission, which is investigating serious allegations involving SAPS Crime Intelligence.
Evidence leader raises questions over medical certificate
However, evidence leader Advocate Adila Hassim challenged the approach, saying the commission required clearer and more reliable information about Khan’s health and his ability to comply with a subpoena compelling his attendance.
Hassim revealed that investigators had uncovered concerns about a medical certificate that was amended and backdated.
She told commissioners that Khan was initially booked off work until June 30, 2026. A second certificate carrying the same original date later changed the period of incapacity to June 27, 2026.
The doctor who issued the certificate subsequently submitted an affidavit explaining the circumstances surrounding the amendment.
According to Hassim, the affidavit stated: “I then completed the notes backdating them and including the diagnosis, and I stated that he was unfit until the 27th of June, 2026, as requested by his son as he said the initial letter had not been submitted to work (SAPS).”
The amended certificate was later provided to SAPS after Khan failed to report for duty.
Backdating of certificate under scrutiny
Hassim argued that the issue extended beyond the addition of a diagnosis because the dates on the certificate had also been altered.
She questioned why the certificate had been backdated when SAPS had already requested further information regarding Khan’s diagnosis.
“The appropriate course would be to go back to the doctor and say the medical certificate has been submitted, not that it has not been submitted, because it had been, so that was a lie,” Hassim told the commission.
She maintained that the circumstances reinforced the need for an independent medical assessment rather than reliance solely on information supplied by Khan’s treating doctor.
Madlanga orders independent evaluation
After hearing arguments from both sides, commission chairperson Justice Mbuyiseli Madlanga ruled that Khan must undergo an independent medical evaluation before the commission can determine whether his absence is excusable.
The commission is seeking to establish whether Khan is medically capable of appearing and giving evidence.
Khan was subpoenaed to testify about allegations of corruption, tender fraud, leaking sensitive state information and interference in criminal investigations. He is also facing separate criminal charges linked to a 2021 gold seizure case.
His appearance before the commission was interrupted when he was shot in Houghton on June 28, 2026, just days before he was due to give evidence. The commission is now attempting to determine whether his medical condition genuinely prevents him from testifying or whether he can be compelled to appear before the inquiry.
- The Madlanga commission has ordered an independent medical evaluation of suspended SAPS Crime Intelligence deputy head Maj-Gen Feroz Khan before deciding on the justification of his absence from proceedings.
- Khan's lawyer, Adv Mohammed Valli, expressed concerns that the independent examination could worsen Khan's existing medical condition and proposed consulting Khan's treating doctor beforehand.
- Evidence leader Advocate Adila Hassim revealed issues with an amended and backdated medical certificate related to Khan’s incapacity period, raising doubts about its validity.
- Hassim argued that relying solely on Khan's treating doctor was insufficient and stressed the necessity of an independent medical assessment.
- Khan was subpoenaed to testify regarding serious allegations including corruption, tender fraud, leaking sensitive information, and interference in investigations, but his appearance was interrupted by a shooting incident.
Valli said two issues stood in the way of resolving the matter: a medical concern and a legal one.
"
"
Valli said
He further argued that determining
However, evidence leader Advocate Adila Hassim challenged the approach, saying the commission required clearer and more reliable information about
Hassim revealed that investigators had uncovered concerns about a medical certificate that was amended and backdated.
Hassim argued that the issue extended beyond the addition of a diagnosis because the dates on the certificate had also been altered.
"
After hearing arguments from both sides, commission chairperson Justice
His appearance before the commission was interrupted when he was shot in Houghton on June 28, 2026, just days before he was due to give evidence.
