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.
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.
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.
*This is a developing story.
