JOHANNESBURG — An urgent legal bid by Deputy Crime Intelligence head Feroz Khan to recover electronic devices seized by authorities has been struck off the roll. The matter was heard in the Gauteng High Court in Johannesburg on Friday.
The Legal Dispute Over Seized Assets
The devices were taken during a police operation at Khan’s residence, where he was arrested for the alleged unlawful possession of unprocessed gold. During that same search, which Khan has challenged as an unlawful and unconstitutional warrantless entry, police also seized firearms and ammunition.
Khan had petitioned the court to return the devices, arguing that they house critical information regarding sensitive investigations, including gang violence, political killings, and various undercover operations. He contended that if these devices were subjected to unrestricted access, it could compromise national security and place lives at risk.
Shifting Jurisdictions
The South African Police Service (SAPS) successfully argued that the current application was moot. According to police, the devices are no longer in their possession, as they have been transferred to the Madlanga Commission.
the legal path forward for Khan has shifted. He may now be required to initiate a separate legal application directed at the Madlanga Commission if he intends to pursue the return of his property. The outcome of any such future filing remains to be seen.
Read more: Feroz Khan and Ebrahim Kadwa granted bail
Frequently Asked Questions
Why was the application struck off the roll?
The Gauteng High Court struck the application off the roll after it was determined that the devices are no longer in the possession of the police, rendering the current application moot.
What items were seized from Feroz Khan?
During the police operation at his residence, authorities seized electronic devices, firearms, and ammunition.
What is the next step for the return of the devices?
Because the devices have been handed over to the Madlanga Commission, Khan would need to bring a new application specifically against the Commission to seek their return.
How do you think the potential involvement of the Madlanga Commission will impact the timeline of this case?
