By Lehlohonolo Lehana.
Crime Intelligence deputy head Major-General Firoz Khan has filed an application before the Johannesburg High Court on an urgent basis to interdict the SA Police Services (SAPS) from downloading, dissementing, copying data from his devices and subjecting his devices for forensic examination.
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 were granted R20,000 bail after being charged with unlawful possession of unwrought precious metal.
State said the matter stems from the 2021 arrest of Downes at OR Tambo International Airport and that Khan and Kadwa later falsely claimed Downes was part of an undercover police operation, leading to additional charges of defeating the ends of justice.
In papers lodged with the court, Khan contends 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.
He argues that 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.
Khan’s urgent court bid is expected to be heard on Thursday.
Meanwhile the High Court in Pretoria has reserved judgment in crime unit sergeant Fannie Nkosi’s bail appeal application.
Nkosi appeared in court on Tuesday to appeal the decision of the Pretoria North Magistrate’s Court to deny him bail.
Judge Mokhine Mosopa said he will deliver the judgment soon and added that his registrar will communicate the date on which it will be handed down.
“I’m grateful for the submissions and the heads of arguments that you have presented. I’m now full. You have fed me with a lot of information. I’m going to reserve this judgment,” he said.