SA Police Service (SAPS) legal services division head Maj-Gen Petronella van Rooyen has become the third witness to accuse police minister Senzo Mchunu of usurping powers of national commissioner Fannie Masemola in disbanding the KwaZulu-Natal political task team.
Van Rooyen, who leads the SAPS legal services division as head of governance, legislation and policy, testified before the Madlanga commission on Thursday and backed Masemola’s assertion this week that the minister had usurped his powers and encroached on operational matters when he issued the directive to disband the task team on December 31 2024.
“I am of the view that the decision to disband the political killings task team (PKTT) as it lay within the exclusive authority of the national commissioner … that the minister did not have the legislative authority to disband the team, let alone the manner in which he did,” she said.
She is the next SAPS top brass to accuse Mchunu of legal overreach and political interference in disbanding the KwaZulu-Natal political task team.
Mchunu’s axing of the task team is a central decision in the commission’s probe of KwaZulu-Natal provincial commissioner Lt-Gen Nhlanhla Mkhwanazi’s allegations that SAPS management was infiltrated by a drug cartel with links to politicians, prosecutors and some members of the judiciary.
The commission, chaired by retired former Constitutional Court justice Mbuyiseli Madlanga and fellow panellists advocates Sandile Khumalo and Sesi Baloyi, has to make a finding whether Mchunu’s orders were a directive, policy or operational matter to decide whether the minister acted lawfully.
A finding by the commission will be key for President Cyril Ramaphosa to decide on Mchunu’s future in the cabinet. It will also help delineate the powers of the minister vis-à-vis those of the heads of entities under them.
Van Rooyen pinned her argument that Mchunu acted unlawfully on section 207 of the constitution, which empowers “the national commissioner of the police service to control and manage the police service”.
She said the minister was responsible for police policy, and the deactivation of the team was an operational matter. This was the same argument advanced by Mkhwanazi and Masemola.
“The minister unlawfully strayed into the constitutional competence of the national commissioner when issuing the letter for the disbandment of the political killings task team,” she said.
“It can never be appropriate for a minister to instruct the national commissioner, not only to disband the task team but to say the disbandment must be done immediately.
“That constitutes usurping of powers of the national commissioner but also undermines the constitutional objectives of the SAPS.”
The legal head did not take lightly the move by deputy national commissioner Shadrack Sibiya of disobeying Masemola and ordering the immediate deactivation of the team on January 17.
Masemola said Sibiya disbanded the team without his approval.
Van Rooyen said Sibiya had no right to issue the directive without Masemola’s approval.
“The deputy national commissioner does not have the power [to implement orders directly from a minister]. Section 199 (6) of the constitution says no member of the security services may comply with a manifestly illegal order.
“So, the fact that it came from a minister and it didn’t fall within the purview of the minister to give that order is already problematic.”
While the commission continues to investigate Mkhwanazi’s explosive allegations in the July 2025 briefing that the SAPS top brass was infiltrated by criminal syndicates, Sibiya has been suspended for allegedly disobeying Masemola’s instructions.
Sibiya, in disbanding the task team, withdrew 121 dockets from the team and placed them in the SAPS Pretoria head office. The dockets were in the office for five months without any investigations or arrests.
Van Rooyen said the effect of the withdrawal of the dockets was justice delayed for the families of political killing victims.
Masemola has testified that Mchunu told him Ramaphosa agreed with the disbandment of the team.
When Mchunu appears before the commission, the links to the president will be an essential part of his testimony.
Masemola accused his boss of protecting criminal syndicates in his decision to disband the team.
Update: September 25 2025
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