Madlanga Commission Day Six: Expert Witness Raises Questions Over SAPS Directive

PRETORIA - The Madlanga Commission of Inquiry entered its sixth day on the investigation of corruption, crime, and political interference within South Africa’s police service. Following the testimony of National Police Commissioner General Fannie Masemola, the commission continued to hear from key witnesses scrutinizing directives that may have impacted policing operations.

On this day, Major General Petronella Van Rooyen, head of governance, legislation, and policy at the SAPS legal services division, presented her expert testimony, shedding light on the legislative framework governing South Africa Police Service (SAPS) operations.

READ: Organized Crime in SA SAPS: Fannie Masemola Connects Mchunu, Mogotsi, and Matlala

Ministerial Directives and the Law: Was It Unlawful?

A central point of discussion was the December 31 directive from the suspended police minister to disband the Political Killings Task Team (PKTT). Major General Van Rooyen was asked whether this note constituted a lawful instruction.

She emphasized that:

• The minister did not have the authority to direct the closure of a task team responsible for ongoing criminal investigations.
• Such powers fall within the mandate of the National Police Commissioner, who manages and controls SAPS operations under Section 205 and Section 207 of the Constitution.
• Directives that directly affect police operations cannot be issued unilaterally by the minister without contravening the legal framework.

Van Rooyen concluded that the minister’s directive was unlawful as it interfered with the constitutional and operational mandate of SAPS.

Policy vs. Directives: Understanding SAPS Operations

The testimony also highlighted the difference between policy-making powers and ministerial instructions:

• Policies are structured annually for SAPS to follow and cannot be created arbitrarily by a president or minister.
• Any directive with immediate operational impact must align with the powers of the National Commissioner, not the cabinet member.
• Even if a directive existed, it must follow a rational and lawful process to be valid under constitutional law.

This distinction clarifies that while ministers can influence strategic priorities, direct intervention in ongoing police operations exceeds their authority.

READ: Masemola Accuses Police Minister Mchunu of Overstepping in Task Team Disbandment

Expert Witness Credentials and Insights

Major General Van Rooyen brings over 40 years of experience in the police service, including:

• LLD in Criminal Law
• Master’s in Constitutional Law
• Extensive experience advising SAPS on legal and operational matters

Her testimony reinforced the importance of legally sound decision-making within SAPS and challenged the rationale behind the minister’s directive.

Operational Impact and Questions for the Minister

The commission noted that the PKTT was performing effectively across its mandate, with ongoing investigations and pending cases. Witnesses, including Lieutenant General Mkhwanazi and General Masemola, supported a phased winding-down approach, rather than an immediate disbandment.

Key questions now arise for Police Minister Senzo Mchunu:

• Why was the directive issued with immediate effect?
• Why was the National Police Commissioner not consulted?
• Did the minister overstep legal boundaries, affecting SAPS operations?

The testimony also addressed whether a deputy commissioner could implement ministerial instructions directly. Van Rooyen confirmed that all operational directives must flow from the National Commissioner, in line with the Constitution.

Conclusion: Legal Oversight and Accountability

Day six of the Madlanga Commission highlights the critical intersection of law, policy, and policing in South Africa. Expert witnesses like Major General Van Rooyen provide clarity on the limits of ministerial authority and underscore the importance of constitutional compliance in police operations.

As the commission continues, the focus remains on establishing accountability, legality, and proper governance within SAPS, ensuring that future directives are lawful and operationally sound.