The critcism directed at National Police Commissioner Fannie Masemola over his failure to push back against the Minister of Police regarding the disbandment of the political task team has been described as unfair and tantamount to punishing those who try to do right.

Political analysts and governance experts have stated that the criticism aimed at the commissioner by a member of the Ad Hoc committee could stem from a lack of understanding of how the government works.

DA MP Advocate Glynnis Breytenbach questioned the national commissioner on his failure to “tell the minister to go to hell” when Minister Senzo Mchunu issued a letter disbanding the Political Killings Task Team.

When asked by The Mercury yesterday about the dynamics that govern the relationship between the commissioner and the minister, she declined to comment further on the matter.

During the Ad Hoc committee, Breytenbach pressed Masemola on why he did not tell Minister Mchunu that he was out of line in ordering the closure of the task team. “He can’t insist; you call the shots. If he insists, you should tell him to go to hell. Why didn’t you?” she asked.

The National Commissioner stated, “Mchunu is the Minister of Police. I am the National Commissioner; I am subject to his direction. I consider him to be my boss.” To which Breytenbach retorted, “The National Commissioner thinks that the minister is his boss? Wow.”

Constitutional law professor Warren Freedman from the University of KwaZulu-Natal said while he has not examined the matter in detail, the minister typically oversees broad policy direction. Freedman emphasises that the minister is not usually involved in the day-to-day operations of the department.

Political analyst Siyabonga Ntombela said the comments are unfair towards the commissioner. “If Masemola could defy the minister, he could have been charged with insubordination towards the police minister. He is the minister of the directorate and ministry under which Masemola answers. While he is a commissioner, there is someone elected above him.

“If the minister was not important, there would be no need for the commissioner to brief the minister, and there would be no need for the minister to brief the president regarding the entire security issue. It is unfair to attach blame to the national commissioner; they have the luxury of stating what they are saying because everything is in hindsight now.”

Ntombela noted that had Masemola followed the minister, he could have been mentioned by Mkhwanazi as among those who defeated the ends of justice. However, he did what he could because he suspected that this was wrong. “The minister was tactical about this; the letter was sent on New Year’s Eve, and it is clear this was planned, hoping that it would be pushed through quickly.”

“She (DA MP) is speaking from a position of privilege. He did not want to defy the minister and did not want to carry out the mandate, as he thought it was illegal and unfair. He could have lost his job for defying the minister; thus, he is being punished for acting rightly,” Ntombela said.

Political analyst Makhosi Mgitywa commented that this view could suggest that Breytenbach has never worked in a political office and therefore doesn’t understand the culture, or she is deliberately grandstanding at General Masemola’s expense. He stated that anyone who has worked in government at the highest level would know how much power ministers command in departments, even though Heads of Departments (HoDs) are accounting officers.

“The power of the minister has been abundantly demonstrated at the Madlanga Commission sittings.” He referenced KZN Commissioner Lt. Gen. Nhlanhla Mkhwanazi, who, in his testimony, said when he was acting national commissioner, he told then-President Jacob Zuma that he couldn’t work with then-Police Minister Nathi Mthethwa. President Zuma then sent General Mkhwanazi home—a clear indication that the minister was in charge and not the acting national commissioner.

“In his own testimony, Gen Masemola has told the Madlanga Commission that he went to President Ramaphosa to express his displeasure over the disbandment of the political killings task team (PKTT). President Ramaphosa did not remind the national commissioner that it was his decision alone as to whether the PKTT would continue to exist or not. The president appoints the minister and the national commissioner, and his apparent indecision was a clear message to Gen Masemola that the minister had greater power and influence in front of the president.

“The unwritten rules in government are very clear. The minister is all-powerful, and if you question or disregard that, you join the long queue of jilted directors-general (DGs) and HoDs. We can say Gen Masemola is weak for other reasons. Not telling Minister Mchunu to ‘go to hell’ isn’t one of them,” he posted.

THE MERCURY

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