By Sinesipho SchrieberPolice crime intelligence operational support boss Maj-Gen Feroz Khan wants parts of his testimony before the Madlanga commission of inquiry to be heard in camera rather than publicly aired in full.Khan was scheduled to testify on Wednesday but did not appear after being hospitalised following a shooting in Joburg on Sunday.The commission on Wednesday dealt with Khan’s application for his testimony to be partially heard in camera.Khan’s legal representative, advocate Zubair Khan, put before the commission that his client filed the application at 11.04pm on Sunday — minutes before the shooting. The application was filed based on concerns about the possible risk to intelligence-sensitive information.Zubair said Khan was in critical condition and that his family had invited the commissioners to visit the hospital and speak to his doctors to satisfy themselves about his condition.Retired justice Mbuyiseli Madlanga, the commission chair, described the application as “vague” and without substantiating facts to support the contention that some of Khan’s evidence should be treated with confidentiality. “Nothing stops us from dismissing the application on the basis of, for example, vagueness. I have no idea, though, whether General Khan is asking only that evidence relating to the Aeroton bust be heard in camera or whether he wants all his evidence not to be aired publicly,” Madlanga said.“We are completely in the dark. It is vague; I could go further and say it is hopeless.” Zubair conceded the application was not ready for a hearing and withdrew it, indicating when he receives instructions from his client, an in-camera application will again be filed.“There is room to fix up the lacuna in the application, and I concede to that,” he said. Zubair told the commission there might be a need to obtain a comment from the Investigating Directorate Against Corruption (Idac) regarding certain investigations that might be affected by Khan’s testimony.“General Khan is not verbal, and he is sedated, and he has tubes coming out of his mouth. He is unable to give instructions.”He told the commission that Khan feared for his life before the shooting. “He communicated to my attorney and me that, in light of recent events — including the murder of someone who appeared before the commission — he feared for his own safety.”Zubair said his comments relating to the shooting were not to insinuate that there was a leak of information from the commission. The top cop faces allegations of having received “kickbacks” in a R280m National Treasury tender. An affidavit filed by commission investigator Tshepo Nyatlo before the high court in Joburg in civil litigation said chats between Khan and tobacco company executive Mohamed Sayed reveal the two were involved, through senior police officer Lt-Gen Molefe Fani, in a R280m IT contract won from the National Treasury by the company Cyberia. Fani at the time worked at the National Treasury as a chief director dealing with contracts. Now the divisional commissioner of supply chain in the SAPS is under suspension due to his alleged role in another SAPS tender, the R360m Medicare 24 contract. Nyatlo said Khan and Sayed used the company Smada “for the Cyberia contract kickback”. “He [Sayed] then messaged Gen Khan to explain that on the proposed contract of R280m, they would get about R92.4m, or 30%, which would be split equally three ways,” Nyatlo’s affidavit reads. “It is not clear whether the third party who would receive about R27.6m from the enterprise was Lt-Gen Fani or someone else.”