Madlanga Commission opens door to public disclosure of Feroz Khan’s diagnosed conditions

The Madlanga Commission has made an important ruling on the medical condition of Deputy Crime Intelligence head Major-General Feroz Khan, allowing limited information about his health to be made public while protecting his private medical details.

The ruling follows an application to postpone Khan’s appearance before the commission. His evidence has now been postponed to Monday, 28 September 2026 at 9.30am, when he is expected to appear and testify in person.

However, Khan will only be excused from appearing on that date if an independent medical assessment confirms that he is unable to testify.

Under the ruling, Khan must voluntarily undergo an evaluation by an independent medical specialist agreed upon by his legal representatives and the commission’s Evidence Leaders by 8 September.

The independent medical professional must then submit a report to the commission by 15 September, confirming whether Khan is medically unable to testify on 28 September.

If the parties cannot agree on a medical specialist, the ruling provides for the assessment to be conducted by an independent medical professional nominated by the chairperson of the South African Society of Psychiatrists.

One of the most notable aspects of the ruling is the commission's decision on what information about Khan's health may be disclosed publicly.

The commission ruled that the nature of Khan’s diagnosed conditions may be disclosed to the public.

However, his detailed clinical manifestations, treatment and family circumstances are specifically protected from disclosure.

This means the public may be told what conditions have been diagnosed, but not given detailed information about how those conditions affect Khan, the treatment he is receiving or private family matters linked to his health.

The ruling also directs Khan to submit a statement by 18 September in response to Regulation 10(6) notices issued by the commission on 5 June and 5 August.

Khan's health has become a procedural issue for the inquiry because he is expected to provide evidence before the commission, which is investigating allegations of criminality, political interference and corruption within South Africa's criminal justice system.

The ruling leaves the door open for Khan to testify on 28 September, but only if the independent medical evidence does not establish that he is unable to do so.

The commission's approach also places a balance between ensuring Khan is fit to participate in the proceedings and maintaining transparency around a matter that could affect his ability to give evidence, while protecting sensitive details of his private medical and family life.