SAPS Legal Chief Slams Minister Mchunu's Decision to Disband Political Killings Task Team as Unlawful

Police legal chief, Major General Patronella Van Rooyen

The South African Police Service's (SAPS) legal chief, Major General Patronella Van Rooyen, has testified before the Madlanga Commission that Police Minister Senzo Mchunu's decision to disband the Political Killings Task Team (PKTT) was unlawful.

According to Van Rooyen, who has 42 years of experience and serves as the Component Head of Governance, Legislation, and Policy at the Legal Services Division in SAPS, Mchunu overstepped his authority by making operational decisions, which fall under the mandate of the National Commissioner, General Fannie Masemola.

Van Rooyen stated unequivocally that the minister's decision to close the task team responsible for investigating crimes fell outside his mandate. "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," she explained, citing Section 207 of the Constitution, which establishes national control over SAPS and outlines the appointment and powers of the National Commissioner.

The disbandment of the PKTT has raised significant internal concerns, prompting Van Rooyen's unit to begin a legal review. "The implications of the minister's letter indicate the need for clarity for the organisation as a whole," she said. Her testimony supports earlier claims by Masemola, who previously told the commission that Mchunu had encroached on his role by intervening directly in operational matters.

Masemola revealed that Mchunu told him that President Cyril Ramaphosa had agreed to the disbandment of the PKTT. However, Masemola had asked Ramaphosa to intervene but heard nothing back from the president, nor did he follow up on his request.

The National Commissioner emphasized that the minister is responsible for issuing national policing priorities, such as focusing on gangsterism or cash-in-transit heists, but the "how" – including deployment of personnel, resources, and operational decisions – falls within his mandate.

The decision to disband the PKTT has been met with criticism, with many questioning the motivations behind it. The task team was formed to investigate political killings in KwaZulu-Natal, and its disbandment has raised concerns about the impact on investigations and public trust.

As the Madlanga Commission continues to probe police corruption and the circumstances surrounding the disbandment of the PKTT, the testimony of Van Rooyen and Masemola has shed light on the complexities and potential conflicts within the SAPS leadership.