‘People could die’: Feroz Khan asks court to block SAPS from accessing data on seized devices

Allegation of unlawful search and seizure

In papers lodged with the court, Khan contends that police carried out an unlawful and unconstitutional search at his Houghton residence and confiscated multiple electronic devices, a firearm and ammunition. He demanded the immediate return of those devices as well as any forensic copies already made, identified and destroyed.

Security risk to undercover operatives, Khan warns

Khan told the court the material stored on the devices is connected to politically sensitive investigations, and he listed areas he said the data relates to: vehicle smuggling, illicit drug networks, political killings, gang violence and murder cases.

He warned that if the material were to fall into the wrong hands it could reveal the identities of covert personnel. In his affidavit Khan said:

“In the wrong hands, it unmasks the identities of investigative officers, surveillance officers and undercover operatives in the investigative field.”

Khan added:

“To ignore this could result in death, assassinations and compromising undercover operations, the costs of which run into millions of rand.”

Context: related criminal proceedings

The application follows Khan’s recent appearance at the Kempton Park Magistrate’s Court alongside Gauteng Hawks head Major-General Ebrahim Kadwa and businessman Tariq Downes. The trio was granted R20,000 bail after facing charges related to the alleged unlawful possession of unwrought precious metal.

Prosecutors say the matter stems from the 2021 arrest of Downes at OR Tambo International Airport and that Khan and Kadwa allegedly later falsely claimed Downes was part of an undercover police operation, leading to additional charges of defeating the ends of justice.

Allegation of duress and urgent hearing possible

Khan also alleged he handed over the devices under duress while armed officers were present at the property. He said the state has indicated its investigation is substantially complete except for downloading and processing the contents of the seized devices.

Although the criminal case was postponed to 14 July for further investigations, Khan’s urgent court bid could be heard on Thursday.

What Khan asked the court

• Declare the search and seizure unlawful and unconstitutional (as set out in his papers).
• Order the immediate return of the seized devices.
• Identify and destroy any forensic copies already made of the devices’ contents.