How sick note Maj-Gen Khan submitted to police was backdated

Crime intelligence deputy boss Maj-Gen Feroz Khan allegedly asked that a sick note he submitted to his employer be backdated.

Khan was subpoenaed to appear before the Madlanga commission on Tuesday to respond to allegations of tender manipulation and political infiltration of the criminal justice system, among others.

However, his lawyer, Mohamed Valley SC, appearing on his behalf, sought a postponement, saying his client had been admitted to hospital.

The commission’s evidence leaders were of the view that the postponement should be granted, subject to Khan submitting himself to an independent medical assessor.

In support of the request, evidence leader Adv Adila Hassim produced records that Khan had used to apply for incapacity leave from the police.

Hassim then read an affidavit by a medical practitioner alleging that Khan had asked for the dates on his medical certificate to be backdated.

“There is already an incident of concern … of backdating and amending a medical certificate …” Evidence leader Adv Adila Hassim

“There is already an incident of concern that we have brought to the commissions’ attention in the answering affidavit because it concerned an incident of backdating and amending a medical certificate by Gen Khan’s treating doctor,” Hassim said.

According to the doctor, who submitted the affidavit to the police after being asked to provide further details about Khan’s incapacity, he received a call on August 20 from a person who identified himself as Khan’s son.

The son allegedly told the doctor that the medical certificate needed to be amended.

The doctor later met with Khan’s son, who told him that the sick note needed to include a diagnosis and “minor adjustments on the dates”. The doctor said he believed this was an administrative matter and saw no harm in making the changes.

The requested amendment was to move the end date of Khan’s sick leave from June 30 to June 27. He was allegedly shot at on the night of June 28.

The doctor stated that he asked Khan’s son whether the medical certificate had already been submitted to the police, as changing it after submission could amount to fraud.

The son allegedly left the room and returned to inform the doctor that the certificate had not yet been submitted.

Hassim questioned the motive behind the alleged backdating of the medical certificate.

“The reason I felt the need to read this [doctor’s affidavit] is to emphasise the importance of an independent assessor,” she said.

Responding to the allegation, Valley said the sick notes did not contain an end date or a diagnosis and that the amendments were made to address these omissions so that Khan could be afforded temporary incapacity leave in terms of South African Police Service legislation.

Justice Mbuyiseli Madlanga said the ruling he previously made in the Suliman Carrim matter — that he could only be excused from testifying if he submitted himself to an independent medical practitioner — would apply in this case, with minor changes.

Khan is alleged to have received kickbacks in a R280m National Treasury tender.

WhatsApp messages extracted from Khan’s phone appear to show him, EFF leader Julius Malema and businessman Mohammed Sayed discussing and seemingly “orchestrating” the removal of the then-inspector-general of intelligence Setlhomamaru Dintwe.

Khan allegedly sent a series of questions to Sayed, which were subsequently posed to Dintwe in parliament by the EFF.

The questions centred on whether Dintwe had links to alleged drug lord Timmy Marimuthu. Khan reportedly said Dintwe would lie when confronted with the questions, potentially triggering calls for his removal.

The questions were later put to Dintwe in parliament by then-EFF MP Mbuyiseni Ndlozi.

Sowetan