Suspended Crime Intelligence deputy head Feroz Khan had repeatedly raised concerns about his personal safety and was prepared to testify before the Madlanga Commission only under strict protection measures before he was shot in an apparent assassination attempt, his lawyer said on Monday.
Advocate Zubair Khan revealed that his legal team had filed an application requesting that the senior police officer’s evidence be heard in camera because of the highly sensitive nature of the testimony he intended to give.
The application was lodged before Khan was shot in Houghton, Johannesburg, on Sunday night, just days before he was scheduled to appear before the commission on Wednesday.
“It is quite clear in General Khan’s affidavits that were filed before the High Court, and in correspondence that we’ve constantly sent to and from the Commission, that he was concerned about his safety,” Advocate Khan told reporters.
He said Khan had spent recent days preparing extensively for his appearance before the commission and remained determined to testify despite what he believed were significant risks.
“We have the answers, and General is willing to testify, provided suitable protection mechanisms are in place, not only for his safety, but for the safety of the intelligence industry as a whole, and also for the identity of people we call informants. It is important that those identities are maintained as confidential and not simply disclosed for public consumption,” he said.
The advocate said the commission had been informed that Khan’s testimony would implicate members of the South African Police Service (SAPS) and deal with sensitive intelligence operations.
Only hours after the application for closed-door testimony was submitted, Khan was shot while travelling through Houghton shortly before 11 pm on Sunday.
According to reports, the senior officer told a passer-by that he had been shot in the abdomen before emergency services arrived and rushed him to hospital. He remains in a critical condition under heavy security, with his legal team saying doctors are waiting for him to stabilise before performing further surgery.
The circumstances surrounding the shooting have become the subject of intense public speculation.
Reports have claimed investigators found no bullet holes in the Suzuki Khan was driving and that a handwritten note was recovered at the scene. Police have not confirmed the significance of those reported findings, saying detectives are still gathering evidence.
Advocate Khan dismissed what he described as “wild allegations” circulating on social media, including speculation questioning the circumstances of the shooting.
“We must remind the public that this is a high-ranking, highly decorated officer of the South African Police Service who has served the community and SAPS for 37 years without blemish, and it’s only in recent times that his character has been called into question,” he said.
He further claimed Khan had intended to use his appearance before the commission to respond to allegations made against him.
“As appears from the Madlanga Commission, there’s a lot of malfeasance in the police service. There have been allegations levelled against General Khan, which we believe are unsubstantiated, and he had been looking forward to clearing his good name.”
The lawyer also alleged there were political motives behind efforts to discredit his client from within the police service, although he did not provide evidence to substantiate the claim.
Khan’s appearance before the commission was expected to follow his unsuccessful attempt to stop the inquiry from compelling him to testify and to prevent investigators from examining his electronic devices.
He was suspended in May after being arrested on charges relating to the alleged illegal dealing in precious metals. He has also been linked to investigations involving organised crime, the illicit tobacco trade and drug theft. Khan has denied wrongdoing.
Meanwhile, police have urged the public not to speculate about the motive behind the shooting or link it to Khan’s expected testimony before the commission.
National police spokesperson Athlenda Mathe said a multidisciplinary team comprising the Gauteng Hawks, Gauteng Crime Intelligence and SAPS detectives is investigating a case of attempted murder.
“While SAPS is aware of public speculation regarding the timing of the attack, it is premature and irresponsible to speculate on any possible motive or to conclude that the incident is linked to his anticipated appearance before the Commission. Detectives will follow evidence wherever it leads,” Mathe said.
