Senior Crime Intelligence officer Feroz Khan appears in the Kempton Park Magistrates’ Court on 11 May 2026. (Photo: Gallo Images / OJ Koloti) The charges faced by Crime Intelligence’s Major General Feroz Khan, Durban businessman Tariq Downes and Gauteng Hawks head Ebrahim Kadwa stem from an incident that took place five years ago.
In May 2021, Downes was allegedly found in possession of unwrought gold weighing 75.9g, with an estimated street value of R62,836, according to a charge sheet seen by Daily Maverick.
During police questioning, Downes allegedly claimed the metal was “just brass bar” and said he was working as an undercover agent alongside Khan and another officer, who denied knowing him or the existence of such an operation.
However, when Khan himself was contacted, he admitted knowing Downes and instructed officers to release him immediately, seemingly abusing his powers.
“When accused 2 [Khan] was telephonically contacted, he gave instructions that he had knowledge of accused 1 [Downes] and that he was indeed an undercover agent in terms of the Criminal Procedure Act 51 of 1977 (CPA). He instructed the officers who were conducting an interview to release accused 1 immediately,” the charge sheet states.
/file/attachments/orphans/IMG_9258_161362.jpeg "Crime Intelligence member Major General Feroz Khan, centre, Durban businessman Tariq Downes, left, and Gauteng Hawks head Major General Ebrahim Kadwa, right, were granted R20,000 each by the Kempton Park Magistrates’ Court. (Photo: Nonkululeko Njilo)")
Instead of following Khan’s instruction, the officer leading the interview sought confirmation from his immediate supervisor, accused three, Kadwa, because there were no supporting documents proving the existence of a section 252A undercover operation.
“Indeed accused 3 [Kadwa] gave the order that accused 1 be released but that an enquiry, and not a police docket, be opened,” the charge sheet says.
The police, however, proceeded with laying charges.
The trio were arrested over the weekend, with their arrests executed via J50 warrants, and now face charges relating to contravention of the Precious Metals Act 37 of 2005, as well as defeating or obstructing the administration of justice.
They appeared briefly in the Kempton Park Magistrates’ Court on Monday, 11 May 2026 where they were granted bail of R20,000 each.
Khan was previously the head of Counter and Security Intelligence at Crime Intelligence before he was moved to another position.
According to the charge sheet, the State alleges under count one that the trio “unlawfully, intentionally, acting in furtherance of a common purpose, acquire and/or possess, either as principal or as an agent, an unwrought precious metal” without the required licences or authorisation.
The State further argues that, by law, they should have been authorised and in possession of certificates issued by the regulator permitting them to acquire or dispose of unwrought precious metals.
The charge sheet further says that the metals the trio had may only be acquired in certain cases, such as for scientific use, jewellery making or beneficiation, and only with the necessary permits or licences.
/file/attachments/orphans/ED_608587_416105.jpg "Crime Intelligence member Feroz Khan and Gauteng Hawks Head Ebrahim Kadwa appear at Kempton Park Magistrate’s Court on 11 May 2026. (Photo: Gallo Images / OJ Koloti)")
Under count two, defeating the ends of justice, the State alleges that the accused “acting in furtherance of a common purpose, did unlawfully and with intent to defeat or obstruct the course of justice” falsely informed police officers that Downes was part of an undercover operation under section 252A of the CPA.
The State alleges that no such undercover operation existed.
During proceedings, defence attorneys requested the immediate return of the accused’s electronic devices. Prosecutor Nceba Ntelwa opposed the application, revealing that the trio had allegedly refused to hand over their passwords.
The State is now expected to seek access to the devices.
‘Deeply disturbing’
The prosecution did not oppose bail, arguing that the matter falls under a Schedule 1 offence.
National Prosecuting Authority spokesperson Kaizer Kganyago said prosecutors wouldn’t prejudice the accused, whom he believed would not interfere with witnesses.
“The conditions were set and if they don’t follow them, that’s when we will view it differently,” he said.
National police spokesperson Athlenda Mathe said it was “deeply disturbing” that officers had were involved in defeating the ends of justice but said the arrests demonstrated the SAPS’ commitment to accountability.
“But it shows that as an organisation we are committed to transparency, integrity and rooting out wrongdoing and corruption in our ranks,” Mathe said.
/file/attachments/orphans/ED_608583_737120.jpg "Gauteng Hawks head Ebrahim Kadwa appears in the Kempton Park Magistrate’s Court on 11 May 2026. (Photo: Gallo Images / OJ Koloti)")
Daily Maverick’s Caryn Dolley reported that last year, when two suspects were detained for allegedly possessing unwrought gold worth R16-million, Kadwa said: “The Hawks remain steadfast in their mission to dismantle illegal mining and smuggling networks. Criminals must understand that no one is beyond the reach of the law.
“We will continue to use every available resource to combat these unlawful activities that exploit our country’s precious metals for personal gain.”
He now faces related criminal charges and is expected in the same court as the two suspects whose case he commented on.
As for Khan, his name has surfaced in a number of controversies, including one involving a R200-million cocaine consignment that was intercepted in Johannesburg in 2021.
The case was postponed to 14 July for further investigation.
The trio’s bail conditions include not making contact with any of the State witnesses and handing over their passports. Should they need to travel internationally, they will be allowed to do so provided they inform the State three days in advance and provide copies of their flight tickets and itineraries. DM