Questions have been raised over discrepancies in the medical certificate submitted by Deputy Head of Crime Intelligence, Major General Feroz Khan, to explain his absence from the Madlanga Commission.
Evidence leader Adila Hassim highlighted discrepancies in the doctor’s note, which are also being investigated by the South African Police Service (SAPS).
According to the dates reflected on the medical certificate, Khan was reportedly booked off sick at the time he was shot and injured while driving in Johannesburg shortly before midnight. Hassim said this raised several questions.
Referring to the SAPS answering affidavit filed in Khan’s Labour Court case by Crime Intelligence Head General Dumisani Khumalo, Hassim drew attention to concerns about an apparent change to the medical certificate.
“Where I really want to go is page 163, paragraphs 18 and 19, where General Khumalo says the following, and I’m just going to read that out for the record.
“It is the respondent’s contention that the change appears to have been necessitated by the fact that the original sick note indicated that Major General Khan was booked off sick until 30 June 2026. However, Major General Khan was shot on 28 June 2026, which fell within the period covered by the original sick note.
“This could potentially have resulted in questions being raised regarding the approval of his temporary incapacity leave, particularly as questions could have been asked as to why he was on the street late at night while officially booked off sick.”
Hassim said the discrepancies in the medical documentation were significant, particularly as Khan has repeatedly relied on his medical condition as grounds for not appearing before the commission.
Khan’s legal team has also argued that having him assessed by an independent medical practitioner, or requiring him to testify while his alleged attackers remain at large, could worsen his health condition.
However, the commission appeared unconvinced by the argument.
Commission chairperson Justice Mbuyiseli Madlanga questioned Khan’s lawyer, Mohammed Valley, over the relevance of the alleged threat to Khan’s health.
“You take the legalistic stance that we will not agree to our client being subjected to independent examination. If the assailants are still at large, it may have an effect. It may be a trigger in relation to his existing condition that’s preventing him from being here. But what’s that mention or disclosure got to do with whether or not the assailants get apprehended? I don’t follow the reason,” Madlanga said.
The commission chairperson expressed frustration over the continued reliance on Khan’s preferred medical opinion.
“What we have here is that the commission is held to ransom by General Khan because you can’t tell us if he’s seen by someone else other than his preferred doctor, then his condition will worsen,” Madlanga said.
The commission has since ruled that Khan must appear before it on 28 September.
It further ruled that he will not be excused from testifying on medical grounds unless the opinion that he is unfit to appear is based on an assessment conducted by a doctor appointed by the commission.