Suspended Crime Intelligence deputy head Major-General Feroz Khan has been dismissed from the South African Police Service after failing to appear before thea senior officer overseeing an expedited disciplinary process against him.
SAPS confirmed Khan’s dismissal on Wednesday, 2 September, bringing to an end his employment with the police service as a disciplinary process into allegations of misconduct and bringing the organisation into disrepute intensified.
According to SAPS spokesperson Brigadier Athlenda Mathe, Khan was “deemed dismissed” under Regulation 9(7)(b) of the SAPS Discipline Regulations after failing to appear before the designated senior officer responsible for the expedited process.
Why was Khan fired?
The immediate reason for Khan’s dismissal was his failure to attend the disciplinary proceedings.
The internal process had already found him guilty of misconduct and bringing SAPS into disrepute, with dismissal recommended as the appropriate sanction. The disciplinary matter was being handled under Regulation 9, which allows serious misconduct cases to be dealt with through an expedited process.
Khan had challenged the process in the Labour Court, seeking to stop the disciplinary proceedings and challenging the appointment of KwaZulu-Natal district commissioner Major-General Jabulani Khumalo to oversee them.
However, Judge Connie Prinsloo struck the urgent application off the roll on 31 August, finding that the Labour Court lacked jurisdiction and, alternatively, that Khan had failed to establish urgency. The court also ordered Khan’s union, POPCRU, to pay the costs.
The court ruling effectively removed the legal obstacle that had been preventing SAPS from proceeding with the disciplinary process.
SAPS: No officer is above the law
Mathe said the police service would continue to respect the court process and provide further information only where legally permissible.
“SAPS reiterates its commitment to accountability, discipline and professional conduct within the organisation,” Mathe said.
“No member, regardless of rank or position, is above the law or the applicable disciplinary framework.”
The dismissal comes as Khan faces several other serious legal and investigative challenges.
Gold case adds to pressure
In May, Khan was arrested alongside Gauteng Hawks head Major-General Ebrahim Kadwa and businessman Tariq Downes in connection with allegations arising from a 2021 incident at OR Tambo International Airport.
The National Prosecuting Authority said Downes had allegedly been found with 75.9 grams of unwrought gold valued at approximately R62,836. He allegedly claimed the gold was part of an undercover operation involving senior SAPS officials.
The state alleges investigations established that no authorised undercover operation involving precious metals existed and that Khan and Kadwa instructed officers to release Downes despite there being no supporting documentation for such an operation.
Khan, Kadwa and Downes were granted R20,000 bail each. The criminal case remains separate from the SAPS disciplinary proceedings, and the allegations have not been proven in court.
Madlanga Commission allegations
Khan is also a central figure in the Madlanga Commission of Inquiry, where serious allegations concerning his conduct within Crime Intelligence have been aired.
Evidence presented to the commission has included allegations that Khan interfered in the handling of a major cocaine seizure in Aeroton, Johannesburg, and allegations concerning his relationships with individuals linked to organised crime and business networks.
The commission has also heard evidence relating to communications found on devices seized from Khan, including alleged interactions involving businessman Mohammed “Mo” Sayed. These remain allegations and Khan has not yet given his substantive evidence before the commission.
His appearance before the commission has been postponed to 28 September.
Parliament had already called for his suspension
The controversy surrounding Khan had prompted calls for action from Parliament months before his dismissal.
Portfolio Committee on Police chairperson Ian Cameron called for Khan’s suspension shortly after his arrest in May, arguing that allegations against senior police officers needed to be dealt with decisively to protect the integrity of investigations.
“The intrepidity and swiftness shown by the SAPS leadership in holding officers accountable, irrespective of rank, is commendable,” Cameron said in June.
Following Khan’s arrest, Cameron also warned that allegations involving a senior Crime Intelligence officer could damage the credibility of SAPS.
“The arrest of the two senior officers is proof that in a constitutional democracy no one is above the law,” Cameron said, referring to Khan and Kadwa.
Dismissal is separate from criminal allegations
While Khan has now lost his position within SAPS, his dismissal should not be confused with a criminal conviction.
The internal disciplinary finding concerns his employment and conduct as a police officer. The criminal case arising from the OR Tambo gold incident remains before the courts, while the allegations being investigated by the Madlanga Commission remain subject to its inquiry.
Khan is therefore still entitled to the presumption of innocence in the criminal proceedings and has yet to respond substantively to the allegations before the commission.
