The legal team representing Crime Intelligence boss General Feroz Khan on Wednesday withdrew its application for an in-camera hearing before the Madlanga Commission.
This after criticism from commissioners that the bid was vague and failed to justify why proceedings should be closed to the public.
The commissioners questioned the legal basis of the application, and further indicated that the affidavit lacked sufficient detail to establish why broad portions of Khan’s anticipated testimony involved matters of state security or intelligence required confidentiality.
Adv Zubair Khan, appearing for the hospitalised general, sought more time to supplement the application, arguing that his client was unable to provide further instructions after being critically injured. However, commissioners maintained that the application could not remain in limbo indefinitely.
‘No proper case’
Chairperson Justice Mbuyiseli Madlanga said the commission could not postpone a ruling on an application that had not made out a proper case.
“The commission cannot keep an application in abeyance indefinitely. Either you stand by the application before us, or you withdraw it and return with one that is properly motivated,” he said.
Commissioner Sesi Baloyi echoed the concern, telling Adv Khan that nothing prevented Gen Khan from filing a fresh application once he was in a position to do so.
“If the application has not established a case for an in-camera hearing, it must fall. That does not close the door to bringing a new, properly substantiated application at the appropriate time,” Baloyi said.
Following a brief consultation with his instructing attorney, Adv Khan agreed to remove the application.
“I do not have instructions from a client who is capable of giving them. In those circumstances, the prudent course is to withdraw the application and revisit it when Gen Khan is able to participate,” he told the commission.
‘Khan remains unconscious’
The proceedings also revealed the seriousness of Khan’s medical condition.
Advocate Khan said General Khan remained unconscious, heavily sedated and unable to communicate with his legal team.
“He is not verbal, he is sedated, and he is in no condition whatsoever to provide instructions. His doctors have severely restricted visitors because of the seriousness of his injuries,” Adv Khan said.
He added that the legal team had supplied a redacted medical report and invited commissioners to visit Khan in hospital to verify his condition firsthand.
The commission accepted that Khan’s testimony would inevitably be postponed. However, the evidence leaders have indicated that they will lay out the evidence on Friday.
No date has yet been set for Gen Khan’s appearance before the commission.
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- General Feroz Khan’s legal team withdrew their application for a private (in-camera) hearing before the Madlanga Commission, following criticism that the request lacked clear justification.
- Commissioners found the application vague, insufficiently detailed, and unsubstantiated regarding confidentiality claims tied to state security or intelligence.
- General Khan remains unconscious and heavily sedated due to serious injuries, preventing him from communicating or providing instructions to his legal team.
- The commission rejected postponing a ruling on the application indefinitely, but allowed for a properly motivated application to be submitted once Khan could participate.
- The commission plans to present evidence related to Khan’s case on Friday, although no new date has been set for his appearance.
Adv Zubair
Chairperson Justice
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Commissioner Sesi Baloyi echoed the concern, telling Adv
"If the application has not established a case for an in-camera hearing, it must fall.
"I do not have instructions from a client who is capable of giving them. In those circumstances, the prudent course is to withdraw the application and revisit it when Gen
Advocate
"He is not verbal, he is sedated, and he is in no condition whatsoever to provide instructions. His doctors have severely restricted visitors because of the seriousness of his injuries," Adv
He added that the legal team had supplied a redacted medical report and invited commissioners to visit
No date has yet been set for Gen
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