The Madlanga Commission is facing a decision over how much of former Crime Intelligence deputy head Maj-Gen Feroz Khan’s evidence should be heard in public when he appears before the inquiry on Monday.
Evidence leaders have asked the commission chairperson to allow certain evidence involving Khan, including WhatsApp communications and related documents, to be presented in camera.
If the request is granted, members of the public and the media would be excluded from that portion of the proceedings.
Khan’s legal representatives would remain present and would be permitted to brief their client on the evidence discussed during the closed session.
The application also seeks confidentiality for transcripts, recordings and documents generated during the proceedings.
The request comes as the commission prepares to hear Khan respond to evidence already presented during the inquiry. Previous testimony has touched on his alleged financial dealings, property interests, vehicles and communications with people linked to the commission’s investigations.
Some WhatsApp communications allegedly involving Khan have also featured in evidence concerning claims of political interference and dealings involving senior intelligence figures.
Khan has yet to give his account from the witness stand.
The evidence leaders have asked the commission to condone the late filing of their application. The media has been given 72 hours to object to the proposed closed proceedings.
Importantly, the request does not mean that Khan’s evidence will automatically be kept private. The decision rests with the commission chairperson.
Khan is expected to appear before the Madlanga Commission on 28 September, where his testimony could provide his response to allegations and evidence previously placed before the inquiry.