Major-General Feroz Khan, the deputy head of Crime Intelligence, is facing allegations that a medical certificate submitted to the South African Police Service (SAPS) earlier this year was amended and backdated, the Madlanga Commission heard on Tuesday.
Postponement and demand for independent assessment
Khan was subpoenaed to appear before the commission to answer questions about alleged manipulation of tenders and interference on behalf of other units. His lawyers, led by Mohamed Vally, told the commission that Khan had been admitted to hospital and sought a postponement. Commission evidence leaders did not oppose a delay outright but insisted that any further excuse must be corroborated by an independent medical assessment.
The commission postponed Khan’s appearance to 28 September. According to the commission’s procedure, Khan may be excused only if an independent medical examiner confirms he is unfit to testify.
Disputed dates and a possible amendment
Evidence leader Advocate Adila Hassim presented a medical certificate that she said contained conflicting dates and medical information. Hassim told the commission the original certificate, dated 22 May, recorded an expected return-to-work date of 30 June. A later document produced on 20 August allegedly changed the return-to-work date to 27 June and added a diagnosis of "extreme stress, and depression".
“There is already an incident of concern that we have brought to the commission's attention in the answering affidavit because it concerned an incident of backdating and amending a medical certificate by Khan's treating doctor,” Advocate Hassim said, according to the evidence presented.
The material relied upon by the commission was contained in public court papers arising from Khan’s challenge in the Labour Court to his disciplinary inquiry. That Labour Court challenge was dismissed on 31 August for lack of jurisdiction, the commission was told.
Doctor’s account and the role of Khan’s son
The doctor who issued the original certificate submitted an affidavit that was read into the record. According to that affidavit, Khan’s son approached the doctor and asked for a change to the certificate. The doctor told the commission he initially assumed the request related to a minor administrative problem and did not seek further explanation.
The affidavit states the doctor later warned Khan’s son that altering the certificate could amount to fraud if the original had already been submitted to SAPS. The son then contacted Khan, who allegedly confirmed that the original certificate had not been submitted. The doctor said he then completed the notes, backdating them and adding the diagnosis.
- Disputed documents: Original certificate dated 22 May; later version dated 20 August with changed return-to-work date and diagnosis.
- Legal context: Khan’s Labour Court review was dismissed on 31 August; the Madlanga Commission has set Khan’s next appearance for 28 September.
- Commission requirement: An independent medical assessment is required to substantiate Khan’s claimed inability to testify.
| Date on document | Return-to-work date | Diagnosis/notes |
|---|---|---|
| 22 May | 30 June | Original certificate (no diagnosis recorded in the evidence read) |
| 20 August | 27 June | Added "extreme stress, and depression", and allegedly backdated |
The commission was also alerted to a statement by the doctor that, after an initial conversation with Khan’s son, the son left to phone Khan and on his return indicated the original sick notes had not yet been submitted. It was after this exchange that the doctor said he backdated and completed the notes.
Potential implications
The allegations raise questions about the integrity of medical documentation used to justify absence from duty in sensitive disciplinary and oversight processes. The commission’s insistence on an independent medical assessment signals its intent to verify the factual basis for Khan’s claimed incapacity before allowing another postponement.
The matter remains an allegation. Khan has not been convicted of any offence related to the documents, and the commission is continuing to hear evidence. The Madlanga Commission is the appointed inquiry tasked with probing matters presented to it, and its proceedings will determine whether further legal or disciplinary steps follow.
Further appearances and any independent medical reports will be critical to establishing whether the changes to the medical certificate were administrative corrections or conduct amounting to unlawful alteration of official documents.
