Madlanga Commission Day 6: SAPS Legal Head Petronella Van Rooyen Testifies on PKTT Disbandment Controversy

PRETORIA – Day 6 of the Madlanga Commission of Inquiry brought intense scrutiny to the disbandment of the KwaZulu-Natal Political Killings Task Team (PKTT), with Maj-Gen Petronella Van Rooyen, head of the SAPS legal division, testifying that Police Minister Senzo Mchunu overstepped his legal authority.

Van Rooyen told the commission on Thursday that the decision to disband the PKTT falls outside the minister’s mandate, asserting that operational decisions are the sole responsibility of the National Commissioner of Police.

“Police ministers are not technocrats; their role is to advance legislation and national police policy. A minister cannot prescribe or direct at an operational level how policy is to be implemented,” Van Rooyen explained.

READ: SAPS Breakdown: Sibiya Ignored Gen. Masemola’s Orders and Pushed Through PKTT Disbandment

Key Testimony Highlights

• Van Rooyen emphasized that Mchunu did not have the legislative authority to disband the PKTT or to dictate its immediate closure.
• She noted that the PKTT cases involve politically sensitive investigations, often implicating well-resourced politicians and business figures.
• Van Rooyen highlighted the procedural failures in transferring 121 PKTT dockets from KwaZulu-Natal to Pretoria without consulting the provincial commissioner.

“It would mean there are things happening in the police that the provincial commissioner is accountable for but doesn't have any knowledge of. That is problematic,” she said.

• The National Police Commissioner, Fannie Masemola, had already directed that the cases be returned to KZN for further investigation. Van Rooyen stressed the need for sensitivity due to the politically complex nature of the cases.

READ: SAPS Legal Chief: Minister Mchunu's Order to Disband Crime Task Team Was Unlawful, Court Told

Controversy Surrounding Authority and Oversight

The testimony raised concerns about oversight and adherence to legal frameworks within SAPS. Security strategist Andy Mashaile weighed in, stating that the commission’s revelations underscore the need for a comprehensive overhaul of SAPS, noting that Masemola allowed Minister Mchunu to overstep his powers.

Lt-Gen Shadrack Sibiya, responsible for crime detection, had also been implicated in unlawful transfer of dockets, a move Van Rooyen described as incompetent and undermining the authority of provincial commissioners.

“Implementation falls under the exclusive responsibility of the national police commissioner. It can never be appropriate for a minister to instruct the national commissioner not only to disband the PKTT but also to say the disbandment must be done immediately,” Van Rooyen stated.

Legal Implications and Next Steps

Van Rooyen’s testimony reinforced the constitutional distinction between political oversight and operational command:

• Police Minister: Responsible for policy, legislation, and strategic oversight.
• National Police Commissioner: Responsible for operational matters, including task team management.

The Madlanga Commission will continue to examine the legality of PKTT disbandment and Sibiya’s role in the transfer of politically sensitive dockets. The proceedings are expected to include further expert testimony and insights from SAPS legal experts.

READ: EMPD Chief Julius Mkhwanazi on Special Leave Amid Allegations of Ties to Cat Matlala

Day 6 of the Madlanga Commission highlighted the complexities of accountability, authority, and operational independence within South Africa’s police service. The nation continues to watch as the inquiry navigates through politically charged testimonies and legal scrutiny.