New stand-off brews as Madlanga deadline looms for Feroz Khan

With just two days until the deadline for axed cop Feroz Khan to undergo an independent medical assessment of whether he is fit to testify at the Madlanga commission, a new stand-off is brewing between his lawyers and evidence leaders.

Khan’s lawyer, Muhammed Vally, on Friday told the Sunday Times that Khan had agreed to the assessment, which has been a bone of contention for weeks. However, he said he was still waiting for the commission’s evidence leaders to supply him with the name of the specialist who will conduct it.

But Madlanga commission spokesperson Jeremy Michaels insisted yesterday that all the information had been given to Khan’s legal team. “Therefore, everything is on course,” Michaels said.

The former deputy head of crime intelligence has been given until Tuesday to have the assessment. The report must be submitted to the commission by September 15. Khan’s appearance at the commission is currently set for September 28, and he will only be excused if the independent specialist finds him too unwell to testify.

Just days before he was due to give evidence on July 1, Khan was allegedly ambushed and shot and, according to a J88 injury report — an official document issued by the police and courts — sustained “life-threatening” wounds.

Justice Mbuyiseli Madlanga directed that he should be examined by an independent medical specialist chosen by agreement between Khan’s lawyers and the commission’s evidence leaders.

While Vally initially said his team was yet to hear which specialist the commission was proposing, on Saturday evening he said that he had been informed of the specialist and available time slots for Khan’s examination at about noon on Saturday.

He earlier said they were prepared to comply with Madlanga’s order.

Michaels insists Vally was given all the information needed from the outset.

“The evidence leaders have the name of a psychiatrist, which they have proposed to Maj-Gen Khan’s attorneys. That psychiatrist has given the evidence leaders two alternative dates on which he is available to evaluate Maj-Gen Khan. The dates have been given to Maj-Gen Khan’s attorneys for them to pick one that suits their client. Therefore, everything is on course.”

Khan was dismissed this week after failing to appear before the officer handling his expedited disciplinary process. He was on suspension at the time.

Vally has indicated that Khan intended to challenge the dismissal.

His version of events is potentially crucial for the commission, which has heard allegations that Khan, among other things, interfered in the 2021 Aeroton cocaine seizure, manipulated police tenders and maintained relationships with businessmen and other politically connected individuals.

It has also heard evidence concerning his substantial unexplained wealth, including a fleet of about 30 vehicles acquired in one year and a property portfolio alleged to be worth nearly R40m.

This week the commission also heard how Lt-Col Deenadayalan “Deena” Govender, the head of the Hawks tracing team in KwaZulu-Natal — a unit that has been accused of carrying out 172 extrajudicial killings in the province — allegedly made 37 separate cash deposits of R10,000 into his own home loan account in the space of 60 minutes on the night of August 31 2022.

What you are saying is absolutely nonsensical—  Justice Mbuyiseli Madlanga to Lt-Col Deena Govender

Govender said his mother-in-law had given him the R370,000 — one of many payments, totalling more than R3m, he received between April 2022 and August 2023. Govender said he could not remember the source of some of the payments.

He said his mother-in-law had given him the cash to help buy a property. She gave him the money in the afternoon, and he went to an ATM later to pay into his account. “Commissioner, when you go to an ATM, it [only] takes R10,000 at a time, and you will have to deposit one after the other,” he said. “It was after hours, and I thought it would be easy.”

Advocate Sandile Khumalo, a co-commissioner, told Govender that his reason did not make sense, as it was unsafe to carry such a large amount and make numerous deposits. “It smells of money laundering,” he said.

Another cash sum that Govender had difficulty explaining was R298,462 that he received in April 2023.

He said he had received it as a “loan” from the late Josh Chelin, owner of a Durban logistics company who Govender described as a father figure. Govender gave the money to his accountant, Shamal Kassie, who arranged for it to be transferred into Govender’s home loan account.

Govender was asked why he had not just sent the money directly to his account. He replied he was trying to cut costs.

“What you are saying is absolutely nonsensical,” Madlanga remarked.

Also on the stand this week was Lt-Gen Godfrey Lebeya, a former head of the Hawks with extensive investigative experience, who struggled to explain why he had failed to give Maj-Gen Lesetja Senona — the former head of the Hawks in KwaZulu-Natal who has since resigned — a polygraph test after cocaine worth R200m was stolen on his watch.

Lebeya had received a report that the drug seizure had been mishandled, as the cocaine had been taken for storage to the Port Shepstone Hawks office, which was known to suffer security breaches. The facility’s CCTV cameras and alarms were malfunctioning and there was no 24-hour security.

“I have not subjected him to a polygraph test because at the time I was considering him to be the complainant,” Lebeya said.

Evidence leader advocate Lee Segeels-Ncube asked Lebeya if his failure to order the polygraph test was in fact intended to protect himself. Lebeya denied this.