Police minister Senzo Mchunu did not have a legal mandate to order the disbandment of the KwaZulu-Natal political killings task team (PKTT).
This is according to Maj-Gen Petronella van Rooyen of the SA Police Service (SAPS) legal division, who appeared before the Madlanga commission of inquiry on Thursday.
Van Rooyen is the third witness to appear before the commission and is providing legal insights into the operations of the police service.
On Monday national police commissioner Gen Fannie Masemola said Mchunu sent him a letter in December, informing him that the services of the task team would no longer be required and that they were of no value in fighting crime.
Van Rooyen said the decision to disband the PKTT was a clear instruction by Mchunu, as the document sent to Masemola included the word “direct” repeatedly.
“The question is: was it a lawful instruction or direction? Did the minister have the power to direct or command the closure of the task team investigating crimes? In my view, it did not have that authority because it relates to the operations investigating cases and the operations of the police,” Van Rooyen said.
“The decision of the minister to close the task team fell outside the mandate or authority of the police minister.”
She said the now-suspended deputy police commissioner responsible for crime detection, Lt-Gen Shadrack Sibiya, accused of conspiring with Mchunu in the disbandment of the PKTT, was not compelled to take any directive from the minister.
Instead, Sibiya should have reported the matter to the national commissioner.
“The deputy national commissioner does not have that power. Section 196 of the constitution says no member of the security service may comply with a manifestly illegal order.
“The fact that it came from the minister and he didn't fall within the purview of the minister is already problematic.
“The correct approach would have been to report it to the national commissioner to say, 'I've received this order from the minister, and I'm reporting it to you to give direction on how to deal with the matter'.”
She clarified that the minister focuses on policy, governance and political accountability, while the national commissioner controls and manages the day-to-day operations of the police service in accordance with police minister policy directives.
“The structure is intended to ensure political accountability by insulating police operations from undue political interference.”
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