Suspended Police Minister Senzo Mchunu did not have the authority to disband the Political Killings Task Team (PKTT) as the decision fell outside his authoritative mandate. 

This is according to the SAPS legislative expert Major-General Marga van Rooyen, who told the Madlanga Commission on Thursday that the powers to disband the task team lies with National Police Commissioner, General Fannie Masemola. 

Van Rooyen is the third witness to appear before the commission after KwaZulu-Natal Police Commissioner Nhlanhla Mkwanazi and Masemola. 

The ongoing commission, chaired by retired Deputy Chief Justice Mbuyiseli Madlanga, is currently investigating allegations of criminality, political interference, and corruption within the criminal justice system. 

This follows allegations made by Mkhwanazi, who accused Mchunu and Deputy National Commissioner for Crime Detection Shadrack Sibiya of colluding with criminal syndicates and interfering with sensitive police investigations.  

Mkhwanazi also claimed that Mchunu ordered the disbandment of the PKTT to protect drug cartel members from investigations. He added that Mchunu was influenced by others to protect criminal syndicates and vested business interests.

Last week, Mkhwanazi testified that Mchunu attempted to derail investigations by ordering the disbandment of the task team on December 31, an instruction he found out about via a WhatsApp message on January 2. He further alleged that Mchunu’s alleged motive was to protect criminal syndicates and their associates with whom he had corrupt ties. 

Mkhwanazi also added that dockets related to the syndicate were removed from KwaZulu-Natal and taken to Pretoria, with Masemola later revealing these were tied to tenderpreneur Vusimusi “Cat” Matlala. 

On Tuesday, Masemola expanded on Mkhwanazi’s allegations, testifying that Mchunu had exceeded his authority by making operational decisions.

He directly accused Mchunu of attempting to protect members of a drug cartel from investigation. Masemola supported his claim by presenting evidence from phone records, specifically those of Matlala, which he alleged showed Mchunu tried to derail investigations. 

Van Rooyen, who was invited to give evidence about Mchunu’s decision to disband the PKTT, said the decision was unlawful as it was an operational operation and was outside Mchunu’s powers to determine police policy. 

She supported this by explaining Section 206 of the Constitution, which states that the Police Minister must “determine national policing policy” after consulting with provincial governments. 

She added that the role of the minister is to provide national direction in accordance with national policy.

Van Rooyen said this was an instruction decision, which she believes Mchunu did not have the authority to demand the closure of the task team, as it relates to operations. 

She said the decision fell outside his mandate. 

“If we say the national commissioner is responsible to manage and control the police service, that must be linked to manage and control the police service in the execution of its constitutional mandate and the decision of the minister to close the PKTT that was responsible for the investigation of crime in my view, fell outside the mandate or authority of the minister,” she said. 

Madlanga asked what would be wrong if a minister gives direction that something must be stopped immediately. He said there may be situations where it cannot be unlawful for the minister to require immediate action.

Van Rooyen agreed, but said it must be a rational, lawful decision that is not arbitrary. 

She said the national commissioner has the power to arrange and re-arrange the structure of the police. 

Van Rooyen added that there were no records that Mkhwanazi or the senior management were informed of the decision to disband the task team, adding that the decision was allegedly politically motivated. 

She stressed that the decision to disband the task team was within the exclusive authority of the national commissioner, and that Mchunu did not have that authority. 

“The minister is not a technocrat. A minister is empowered to select which areas merit special attention, but cannot prescribe or direct at an operational level how policy is implemented,” she said, adding that the national commissioner is called by the Constitution to remain in control of the resource allocation. 

“The minister unlawfully strayed into the constitutional competence of the national commissioner when he issued the letter for the disbandment of the PKTT,” said Van Rooyen, who also added that it would have been appropriate for Mchunu to say the task team is no longer a priority.

Van Rooyen added that even if one were to assume that Mchunu was empowered to disband the task team, the manner in which he did could not be lawful and resulted in “operational confusion”. 

manyane.manyane@inl.co.za

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