The Madlanga Commission has rejected suspended Crime Intelligence deputy head Major General Feroz Khan’s application to postpone his appearance indefinitely, ordering him to undergo an independent medical assessment as it pushes to secure his testimony later this month.

Khan is now expected to appear before the commission on Monday, September 28, 2026, following several delays linked to his health.

Justice Mbuyiseli Madlanga, who chairs the inquiry, ruled that Khan had not placed sufficient information before the commission to justify the postponement he sought.

“I’m not satisfied that enough has been placed before the Commission,” Madlanga said in handing down his ruling on Tuesday afternoon.

The commission has, however, given Khan a final opportunity to establish that he is medically unable to testify.

Under the ruling, Khan must voluntarily submit to an independent medical evaluation by no later than Tuesday, September 8.

A medical report must then be submitted to the commission by September 15 confirming whether his medical condition prevents him from testifying on September 28.

If Khan’s legal representatives and the commission’s evidence leaders cannot agree on an independent medical specialist, the doctor will be nominated by the chairperson of the South African Society of Psychiatrists.

The ruling also requires Khan to submit his response to the commission’s Regulation 10(6) notices by September 18, subject to the findings of the independent medical assessment.

The commission has drawn a clear line between the public interest in understanding Khan’s medical circumstances and his right to medical and family privacy.

It ruled that the nature of Khan’s diagnosed conditions may be disclosed publicly, but that detailed clinical manifestations, treatment information and family circumstances must remain confidential.

The decision follows a tense exchange earlier on Tuesday between the commission and Khan’s legal team over his continued absence.

Commissioner Sandile Khumalo and Justice Madlanga questioned Khan’s lawyers about why an independent medical assessment should not be conducted, stressing that the inquiry has limited time to complete its work and requires sufficient information to make a decision on his ability to testify.

Khan’s lawyer, Muhammed Vally, opposed the commission’s position on appointing an independent medical practitioner to assess his client.

Vally told the commission that Khan had been consulting with him on the night in June when the senior police officer was allegedly shot.

The explanation came amid questions about Khan’s movements on the night of the shooting and his subsequent medical condition.

Khan was previously expected to testify before the commission but his appearance has repeatedly been delayed.

On Tuesday, September 1, he was again expected to appear, but reports that he had been readmitted to a Johannesburg hospital raised fresh uncertainty over whether he would be able to take the witness stand.

The commission had previously confirmed that Khan had been subpoenaed and that the subpoena remained in force.

His latest hospitalisation had threatened to further complicate the inquiry’s timetable, particularly as the commission prepares for a recess beginning later this week.

The latest ruling now creates a defined process through which Khan’s medical condition will be assessed independently before the commission determines whether he is genuinely unable to testify.

The commission has been seeking Khan’s evidence as part of its investigation into allegations of criminality, political interference and corruption within South Africa’s criminal justice system.

His position within Crime Intelligence makes his testimony potentially significant to the inquiry, which has heard evidence concerning alleged criminal networks, manipulation of police structures, interference with investigations and relationships between senior police officials and politically connected individuals.

The commission has already heard extensive evidence from senior police officers, investigators, politicians, businesspeople and other witnesses.

Khan’s testimony has therefore been regarded as an important outstanding piece of evidence as the inquiry moves towards the conclusion of its public hearings.

The commission’s latest ruling comes as it prepares to enter a seven-working-day recess from Thursday, September 3, until Friday, September 11.

The final public hearing before the recess is scheduled for Wednesday, September 2, with proceedings expected to resume on Monday, September 14.

Commission spokesperson Jeremy Michaels previously said the recess was necessary to allow two commissioners to honour commitments they had made when the inquiry was initially expected to conclude its work by August 31.

The commission’s deadline has since been extended.

“The recess, for seven working days, is necessary to ensure that two of the Commissioners honour commitments which they made at the time when the Commission was due to have completed its work by 31 August 2026,” Michaels said.

Although the public hearings will be suspended during the recess, the commission’s senior officials and extended team will continue working behind the scenes to prepare evidence and documentation for the resumption of proceedings.

Khan’s case is likely to remain one of the key issues facing the inquiry when hearings resume.

The September 28 date means the commission has now put in place a firm timetable for resolving whether he can testify.

If the independent medical specialist confirms that Khan is unable to testify, the commission will have to consider the implications for its proceedings.

But if the medical assessment does not confirm his inability to testify, Khan will face renewed pressure to comply with the subpoena and appear before the inquiry.

For now, the commission has made it clear that further delays will not simply be granted on the basis of insufficient medical information.

The independent assessment, the medical report and Khan’s outstanding response to the commission’s notices will determine the next stage of the process.

After months of uncertainty surrounding his appearance, all eyes will now be on September 8, when Khan is due to undergo the independent assessment, and September 15, when the medical report is expected to reach the commission.

His scheduled September 28 appearance could become a crucial moment in the inquiry’s investigation into the inner workings of Crime Intelligence and the broader allegations of criminality and political interference that prompted President Cyril Ramaphosa to establish the Madlanga Commission.