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Maj-Gen Feroz Khan (head of police crime intelligence operational support) was arrested at his home in May on charges related to unwrought precious metals. Police seized three cellphones, an iPad, and his personal firearm without a warrant.
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Legal action: Khan seeks court declaration that the warrantless search and seizure was unconstitutional, demanding return of all devices and firearm.
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Security risks (Khan’s argument):
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Devices contain highly sensitive intelligence (investigation targets, informant identities, undercover operatives, surveillance officers).
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Unrestricted police access could lead to deaths, assassinations, and compromised undercover operations, with costs running into millions of rand.
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The risk extends beyond personal privacy to institutional and public safety.
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Police rebuttal (investigating officer Calvin Khorombi):
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Police spent three hours trying to enter Khan’s apartment before succeeding; Khan claimed he was sleeping.
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The delay gave reasonable grounds to search, as Khan appeared to be hiding something.
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Seized devices belong to the state, not Khan personally. Khan voluntarily gave the code for one Samsung phone.
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Khorombi works in counter-intelligence and is trained to handle sensitive information.
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Hearing: The urgent application was to be heard in the Johannesburg High Court.
