PRETORIA, South Africa- The head of the South African Police Service (SAPS) legal division, Major General Petronella van Rooyen, has testified that Police Minister Senzo Mchunu did not have the authority to disband the KwaZulu-Natal political killings task team (KZN task team).
Van Rooyen appeared before the Madlanga Commission of Inquiry in Pretoria on Thursday, where she argued that the task team falls under operational responsibilities, which are the sole mandate of the national police commissioner.
Earlier this week, National Police Commissioner Fanie Masemola clarified the division of responsibilities between the police minister and the national commissioner. According to the Constitution and the SAPS Act, the national commissioner oversees operational matters, while the police minister provides political oversight, sets policy, and oversees legislative frameworks.
Masemola indicated that Minister Mchunu’s instruction to disband the KZN task team exceeded his constitutional and legal authority. Van Rooyen echoed these concerns during her testimony, stating: “Did the minister have the power to direct or command the closure of a task team that was investigating crimes? In my view, he did not have that authority.”
The KZN task team was established to investigate politically motivated killings in the province, a mandate that Van Rooyen emphasized falls strictly under operational command. She is also expected to address the legal implications of transferring 121 investigation dockets from the KZN task team to national police headquarters in Pretoria.
The Madlanga Commission continues to scrutinize the boundaries of authority within the SAPS, highlighting tensions between political oversight and operational independence in the police service. Observers note that the case could set an important precedent for the legal interpretation of ministerial powers over operational policing functions in South Africa.
