Commission secretary Dr Vukuza issued the ruling in Pretoria on the instructions of chairperson Justice Mbuyiseli Madlanga, Radio 786 reported. Questioning linked to evidence presented in camera on 7 and 9 July will itself be held in camera. Khan was directed to file a statement dealing with that evidence by midday on Monday.
Anyone granted access is barred from publishing, broadcasting, recording or distributing any part of the closed session. Attendance is limited to the chairperson and commissioners, designated evidence leaders, legal representatives and attorneys in the matter. Senior counsel Adila Hassim and Thabang Pooe are among those permitted to attend, as are representatives of Diale Mogashoa Attorneys.
Khan has been subpoenaed to appear at 9.30am on 6 October and to remain until Madlanga excuses him, MDNtv reported. He was shot in Houghton on 28 June, shortly before he was due to testify on 1 July. He later missed a 28 September appearance after Madlanga refused another postponement. The chair described that absence as a “flagrant disregard” of the subpoena and said the secretary would be asked to lay criminal charges.
Evidence leaders are expected to question Khan about allegations drawn largely from devices seized from him. Investigator Tshepo Nyatlo has alleged that Khan and tobacco executive Mohamed Sayed sought to manipulate a R280 million National Treasury information-technology contract through Lieutenant-General Molefe Fani, allegedly involving a 30% kickback. Khan is also expected to face questions about alleged interference in the 2021 Aeroton cocaine seizure, involving about 715kg of cocaine, and about claims that he drafted parliamentary questions later submitted by EFF leader Julius Malema in an alleged effort to remove former inspector-general of intelligence Setlhomamaru Dintwe.
Those allegations have not been tested in the closed session. Khan has not yet answered them on the record this week.
The closed hearing sits inside a wider inquiry into claims, first made public by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi on 6 July 2025, that a criminal syndicate had penetrated the South African Police Service, the National Prosecuting Authority, the judiciary, Parliament, the State Security Agency and the Department of Correctional Services. President Cyril Ramaphosa placed police minister Senzo Mchunu on special leave after those allegations. Public hearings were recessed after 30 September, with public evidence set to resume on 9 November. The report to the president is due on 25 January 2027 after a September extension.
