Commissioner Khumalo demolish Feroz Khan lawyer | Madlanga Commission of enquiry

High-Stakes Legal Showdown Erupts Over Absent Commander As Commission Rejects Demands And Demands Independent Medical Assessment

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A fiery legal confrontation erupted inside the courtroom as commissioners directly challenged defense counsel over the ongoing absence of General Khan, refusing to allow the proceedings to be delayed any longer without strict conditions.

The commission made it clear from the opening moments that while the panel acknowledged General Khan was not physically present to testify, the central battle had shifted entirely to the specific terms and conditions attached to granting any formal postponement.

Tension reached a boiling point when commissioners addressed the core demand put forward by defense advocate Mr. Vali, who argued that forcing General Khan to submit to an examination by an independent medical practitioner would trigger severe negative consequences for his health.

Commissioners aggressively questioned Mr. Vali on why the panel should accept a submission regarding medical risks that was entirely unsupported by any expert medical evidence in the record.

Addressing Mr. Vali directly from the bench, the chairperson pointed out that a witness appearing under subpoena who claims to be too unwell to testify is seeking a legal indulgence from the court.

The chairperson emphasized that in standard legal proceedings, a party seeking such an indulgence would actively take every step possible to demonstrate their true condition, including voluntarily undergoing a second medical opinion from a practitioner not personally selected by the witness.

Commissioners expressed sharp frustration over the defense team’s position, warning that the panel was effectively being held to ransom by assertions that the commission must simply stay out of the matter and delay testimony until April 2027.

When Mr. Vali suggested that the commission should pause proceedings to allow the personal treating doctor of General Khan to provide additional input on whether an independent examination was permissible, the chairperson flatly shut down the request, declaring under no circumstances would that be permitted.

The chairperson reminded Mr. Vali that the formal application for postponement had already been submitted based on the medical condition of General Khan, and the defense team entered the process with its eyes wide open.

Refusing to grant any further time to supplement the defense papers, the chairperson made it clear that the commission would issue its official ruling based strictly on the evidence currently before it.

The panel drew direct comparisons to a previous legal precedent involving Mr. Karim, noting that Mr. Vali had previously acknowledged awareness of the ruling made in the Mr. Karim matter regarding independent medical evaluations.

Commissioners noted that if General Khan intended to oppose an independent medical assessment, that opposition should have been fully detailed inside the original medical report or affidavit provided by his doctor, rather than raised through verbal arguments by counsel from the bar.

When Mr. Vali attempted to clarify that he personally deposed to the affidavit rather than General Khan, the chairperson immediately corrected him, noting that Mr. Vali acts strictly as legal representation and the formal application on the court heading remains in the name of General Khan.

The commission confirmed that while legal team member Miss Volsnar stated in an affidavit on page 75 that the legal team did not oppose the postponement itself, the remaining dispute centered entirely on whether the court would mandate an independent evaluation.

With Mr. Vali attempting to backtrack and point back to page 72 of the record, commissioners held a firm line, reminding defense counsel that any corrections being made were to his own previous admissions rather than the findings of the bench.

Commissioner Khumalo demolish Feroz Khan lawyer | Madlanga Commission of enquiry

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