SAPS fires Feroz Khan after he skipped an expeditious disciplinary hearing; he still faces court charges over the OR Tambo gold probe and unanswered allegations at the Madlanga Commission.
The South African Police Service (SAPS) has dismissed controversial Crime Intelligence deputy head Major General Feroz Khan after he failed to appear for his expeditious disciplinary proceedings.
SAPS spokesperson Brigadier Athlenda Mathe confirmed Khan’s dismissal on Wednesday, 2 September, saying he was “deemed dismissed” in terms of Regulation 9(7)(b) of the SAPS Discipline Regulations.
The Labour Court had previously dismissed Khan’s urgent application to interdict the disciplinary process that could have resulted in his dismissal.
“This follows his failure to appear before the designated senior officer responsible for dealing with the expeditious disciplinary process,” said Mathe. “SAPS reiterates its commitment to accountability, discipline and professional conduct within the organisation.”
Mathe added that no member, regardless of rank or position, is above the law or the applicable disciplinary framework.
Khan’s name has featured prominently in recent criminal proceedings and a string of allegations before the Madlanga Commission. He faces a criminal case in the Kempton Park Magistrates’ Court and has been the subject of extensive evidence at the commission.
He was arrested in May alongside Gauteng Hawks head Major General Ebrahim Kadwa and businessman Tariq Downes over allegations linked to the unlawful possession of precious metals and defeating the ends of justice.
The case stemmed from a May 2021 incident at OR Tambo International Airport where Downes was allegedly found carrying 75.9 grams of unwrought gold. Prosecutors allege Downes claimed he was executing an undercover operation and that Khan and Kadwa intervened to get him released, despite investigations establishing that no such operation had been authorised.
Khan and his co-accused were granted R20,000 bail, and the matter remains before the court.
At the Madlanga Commission, Khan has faced a much wider range of allegations concerning his conduct within Crime Intelligence.
Witnesses have accused him of interfering in the handling of the 2021 Aeroton cocaine seizure, where police recovered a large quantity of cocaine.
Lieutenant Colonel Nkoana Joseph Sebola testified that Khan’s involvement in the operation was unusual and that he interfered in the subsequent investigation. Khan has not yet testified before the commission to respond to the allegations.
Evidence leaders have also presented WhatsApp messages and other material seized from Khan’s electronic devices, alleging that he facilitated tenders for tobacco mogul Mohamed “Mo” Sayed.
He has also been accused of having links with EFF leader Julius Malema, including claims that he passed confidential police information to the politician through Sayed and drafted parliamentary questions for Malema.
Malema has since acknowledged knowing Khan and contacting Sayed after Khan was shot, but denied providing Khan with political protection or interfering with parliamentary scrutiny.
The commission also heard evidence about Khan’s finances, including disclosures showing that he acquired about 30 vehicles in one year and had a property portfolio estimated at R39-million. Evidence leader advocate Adila Hassim also raised questions about income allegedly exceeding what Khan earned from his police salary.
Another strand of evidence concerns Khan’s alleged relationship with former Investigating Directorate Against Corruption head Andrea Johnson and the handling of an assault complaint against him.
The commission heard allegations that Johnson leaked a 2018 police docket to Khan before he provided a warning statement, allowing him to tailor his defence against a colleague’s complaint.
Johnson invoked her right against self-incrimination when questioned about the allegations, saying the matter was contained in an NPA docket being considered for possible prosecution.
Khan’s disciplinary troubles intensified in recent months.
The medical certificates he presented to explain his absence from work and proceedings came under scrutiny at the commission this week, with evidence leader Hassim raising concerns about dates on the documents. Khan’s doctor reportedly told the commission that Khan’s son had requested changes to the dates, resulting in the notes being backdated.
Khan was shot and wounded in an apparent murder attempt in Johannesburg in June, days before he was due to testify before the commission. His inability to attend meant that evidence against him proceeded without his testimony.
The commission has repeatedly stressed that the allegations against Khan remain untested. He has not given evidence before the inquiry and has not had an opportunity to answer all the allegations levelled against him.
The SAPS, however, said it would continue to respect court decisions and provide further information about Khan’s dismissal where legally permissible. DM
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