Madlanga Commission: Parliament's oversight failure on police meddling

SAPS expert, Maj-Gen. Patronella Van Rooyen, said Parliament failed in its constitutional oversight role by ignoring allegations of political interference by KZN Police Commissioner, Lt-Gen. Nhlanhla Mkhwanazi, months before his explosive media briefing in July.

“The fact that the Portfolio Committee didn't act on that is, in my mind, a failure of their mandate,” she told the Madlanga Commission.

“Even if they initiated an investigation, called the management of the police to come and explain, that would already have been an exercise of oversight on their part to ensure that the matter received attention.”

Mkhwanazi made headlines on July 6, when - flanked by heavily armed tactical officers and wearing a Special Task Force uniform - he publicly accused Police Minister Senzo Mchunu of interfering in high-level investigations.

He said Mchunu interfered in police investigations, including giving an order to disband the Political Killings Task Team (PKTT).

Mchunu protected criminal networks within the police and political spheres, according to Mkhwanazi.

Mchunu and the suspended deputy commissioner, Shadrack Sibiya, are accused of having links to the controversial businessman, Vusimuzi “Cat” Matlala and Katiso Molefe. 

In her testimony, Van Rooyen said Mchunu had no authority to disband the PKTT.

This she viewed as falling outside the boundaries.

“To manage and control the police service, that must be linked to manage and control the police service in the execution of its constitutional mandate.

“And the decision of the 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,” she said, according to Section 207 of the Constitution.

She said the national commissioner has the power to arrange and re-arrange the structure of the police. 

Van Rooyen added that there were no records that Mkhwanazi or the senior management were informed of the decision to disband the task team, adding that the decision was allegedly politically motivated. 

She stressed that the decision to disband the task team was within the exclusive authority of the national commissioner, and that Mchunu did not have that authority. 

“The minister is not a technocrat. A minister is empowered to select which areas merit special attention, but cannot prescribe or direct at an operational level how policy is implemented,” she said, 

Cape Times