JUST IN: Gauteng Hawks boss Ebrahim Kadwa’s cellphone matter struck off the roll
· Citizen
An urgent application by Gauteng Hawks head Major-General Ebrahim Kadwa, who sought the return of electronic devices seized during his arrest, has been struck off the roll.
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The High Court sitting in Johannesburg handed down the ruling on Tuesday, 2 June 2026.
Legal challenge
Kadwa launched the legal challenge against the Madlanga Commission of Inquiry and Acting Police Minister Firoz Cachalia, demanding the release of his cellphone, which he claims contains “state secrets”.
The device was confiscated in May 2026 when Kadwa was arrested in connection with alleged breaches of the Precious Metals Act and charges of defeating and obstructing the course of justice.
Charges
The charges stem from a 2021 case in which Kadwa is accused alongside police crime intelligence operational support head Major-General Feroz Khan and businessman Tariq Downes.
In court papers, Kadwa dismissed the allegations as “unfounded”, insisting that the case against him is politically motivated.
Kadwa argued that the police had a warrant to arrest him but not to seize his phone.
Feroz Khan
Last week, Khan suffered a similar fate after his urgent bid to have his seized electronic devices returned to him was removed from the roll of the Gauteng High Court in Johannesburg.
This was after the South African Police Service (SAPS) handed the items over to the Madlanga Commission.
Acting Judge Michelle van Nieuwenhuizen removed the matter from the court roll on Friday after the State received correspondence stating that the devices were no longer with the police, effectively rendering the case “moot.”
Khan’s legal representative, Zubair Khan, said the ruling meant he, a high-ranking police official, would need to start afresh in tracking down the devices and challenge the procedures used to seize them.
The devices included three cellphones and an iPad.
Khan filed the urgent application after he claimed he received alerts that someone tried to access his iCloud account.
Arrest
Kadwa and Khan were arrested last month as part of an investigation by the Gauteng Counter-Intelligence Operations (GCI-OPS) into alleged illicit precious-metals transactions, corruption, and related offences.
According to the charge sheet, the matter relates to a 2021 incident at OR Tambo International Airport, in which Downes was arrested after being found in possession of raw gold valued at just over R62 000.
During questioning, Downes allegedly told police that he was working undercover in cooperation with Khan.
When officers contacted Khan by phone, he reportedly confirmed that he knew Downes and supported his version of events, instructing that he be released immediately.