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

Pretoria, 25 Sept 2025 – In a significant testimony before the Madlanga Commission, the Head of Governance and Policy at the SAPS Legal Services Division, Major-General Petronella van Rooyen, stated that Police Minister Senzo Mchunu’s directive to disband the Presidential Key Task Team (PKTT) was outside his legal mandate and constituted an unlawful overreach into police operations.

Major-General van Rooyen’s testimony directly challenges the minister's authority, asserting that his instruction interfered with the core operational independence of the South African Police Service (SAPS).

READ: Madlanga Commission Highlights Legal Limits of Ministerial Authority in SAPS Operations

The Core Legal Argument: Ministerial Overreach

The crux of Major-General van Rooyen’s argument rests on the separation of powers between the political head of the police (the Minister) and the operational head (the National Commissioner).

While acknowledging that Minister Mchunu’s directive was clear, van Rooyen argued that its legality was the central issue. “The question is, was it a lawful instruction or direction in the sense that the minister had the power to direct or command the closure of a task team that was investigating crimes?” she stated. “And in my view, he did not have that authority because it relates to the operations, investigating cases, and the operations of the police.”

Constitutional Mandate and Operational Independence

Van Rooyen anchored her testimony in the South African Constitution, specifically Section 205(3), which outlines the police service's mandate to prevent, combat, and investigate crime. She emphasized that the National Commissioner is constitutionally tasked to "manage and control" the SAPS to execute this mandate. The decision to disband a specialized task team actively investigating crimes, she argued, falls squarely within this realm of operational control.

“The decision of a minister to close a political task team that was responsible for the investigation of crime, in my view, fell outside the mandate or authority of the minister,” van Rooyen told the commission.

A "Purported" Direction That Strayed Too Far

The Major-General addressed the minister's powers under Section 207(2) of the Constitution, which allows the minister to issue directions on policy. However, she made a critical distinction: a lawful direction cannot infringe on operational matters.

“So, in short, what may be purporting to be a section 207(2) direction cannot be such a direction if it has strayed onto operational matters,” van Rooyen concluded, affirming her agreement with this legal interpretation.

This distinction is vital. It suggests that while the minister sets broad policy, he cannot micromanage or command specific investigative units, a function reserved for the National Commissioner to ensure the police's operational effectiveness is free from political interference.

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

Implications for the Madlanga Commission

This testimony presents a serious challenge to the minister's defense. If the commission agrees with Major-General van Rooyen’s legal assessment, it could find that Minister Mchunu acted outside his constitutional authority.

The case highlights the ongoing tension between political oversight and operational independence within the SAPS, a balance crucial for the integrity of criminal investigations. The commission's findings could set a significant precedent for defining the limits of ministerial power over the police service.