Khan’s lawyer hopeful he will return to court as arrest warrant is suspended

The lawyer for suspended Crime Intelligence head, Major-General Feroz Khan, says he is hopeful his client will be medically fit to return to court when his precious metals case resumes in September.

Khan was absent from the Kempton Park Magistrate’s Court on Tuesday as he continues recovering after an alleged attempt on his life last month.

His failure to appear technically placed him in breach of his bail conditions, prompting the court to issue a warrant for his arrest. However, the warrant was immediately suspended until his next court appearance after the defence submitted a medical certificate confirming that he was unfit to attend proceedings.

Khan’s attorney, Kylen Chirao, said he does not have full details of his client’s medical condition or know exactly when he will be able to return to court, but remains optimistic that Khan will be fit to stand trial when proceedings resume.

“These are serious allegations, and it’s important that he appears before the court to answer to them,” Chirao said.

Chirao added that if Khan is still medically unable to attend the next hearing, the defence will submit updated medical evidence before the court.

Khan is charged alongside Gauteng Hawks head, Major-General Ebrahim Kadwa, and businessman, Tariq Downes, with defeating the ends of justice and contravening the Precious Metals Act. 

The charges relate to allegations surrounding the handling of precious metals involving Downes, who claimed he was an undercover police agent. However, investigations later found that Downes was not a police agent and allege that Khan and Kadwa  shielded him from accountability. 

The matter has been postponed to 2 September for the disclosure of the State’s case. Kadwa and Downes remain out on R20,000 bail each, while Khan’s suspended warrant of arrest will remain in effect until the next appearance.

The criminal case is unfolding alongside Khan’s scrutiny before the Madlanga Commission of Inquiry into allegations of corruption, criminality and political interference. 

Khan was expected to testify before the commission earlier this month, but was unable to do so following the alleged attempt on his life. In his absence, the commission proceeded with evidence relating to alleged tender irregularities and reported political connections.