Major-General Feroz Khan is set to appear before the Madlanga Commission from 1 July.

• Major-General Feroz Khan has been ordered to appear before the Madlanga Commission on 1 July.
• The commission said Khan’s testimony was crucial to its work, and his evidence is expected to run for several days.
• Khan previously filed High Court applications to have his seized devices returned, arguing that the information on his seized electronic devices could lead to assassinations and other deaths if they are not returned to him.

Crime Intelligence deputy head Major-General Feroz Khan is set to appear before the Madlanga Commission on 1 July, where he will testify for several days.

Commission spokesperson Jeremy Michaels said on Monday that Khan would remain under examination for as long as necessary, until he was excused by commission chairperson, Justice Mbuyiseli Madlanga.

“The commission has set aside several days for his testimony. His testimony is key; there have been numerous allegations made both against him and around him.

“His testimony is absolutely critical to the work of the commission, so we expect that he will be appearing on 1 July,” Michaels added.

According to Michaels, Khan had withdrawn two urgent court applications seeking to prevent the commission from accessing data on electronic devices seized from him last month.

Michaels said that the commission issued a regulation 10(6) notice to the South African Police Service (SAPS) authorising access to Khan’s devices, which were seized on 10 May.

READ | Feroz Khan’s urgent application removed from roll after devices handed to Madlanga Commission

A regulation 10(6) notice authorises SAPS to provide access to devices, arguing that the information contained on them is crucial to its investigation.

On 3 June, Michaels said that the commission was served with an urgent application, filed by Khan in the Gauteng High Court in Johannesburg, seeking an order interdicting the commission and SAPS from accessing, analysing or dealing with the devices and any information stored on them.

Michaels said that the commission opposed the application and filed a detailed affidavit on Saturday, arguing that the material contained on the devices was necessary for its work.

“This morning [Monday], General Khan abandoned that urgent application to have the initial application heard in camera. He also abandoned his initial urgent application against the commission,” Michaels said.

He said that following a case management meeting with acting Deputy Judge president Justice Lebogang Modiba, the withdrawal of the applications will be incorporated into a court order.

“As matters stand, Major-General Khan is set to appear before the commission on 1 July, and his testimony is key to the commission’s work, given the numerous serious allegations which have been made against him and other implicated SAPS officers, as well as other individuals,” he said.

Khan previously argued that the search-and-seizure of his devices was warrantless and therefore unlawful and unconstitutional.

READ | Arrested CI deputy Feroz Khan warns seizure of devices could lead to assassinations

He warned that the information on his seized electronic devices could lead to assassinations and other deaths if they were not returned to him.

Khan claimed he handed over the devices under duress from armed officers and that police possession of his phones and iPad without a court order could cause irreversible harm.

However, on 29 May, his urgent bid was removed from the High Court roll after the police handed the items over to the Madlanga Commission.

Acting Judge Michelle van Nieuwenhuizen removed the matter from the court roll after the State received correspondence that the devices were no longer with the police, effectively rendering the case “moot”.