SAPS legal head claims Mchunu didn't have authority to issue instruction to disband KZN PKTT

The head of the South African Police Service (SAPS)'s legal division, Major General Petronella van Rooyen, claims Minister of Police Senzo Mchunu did not have the authority to issue an instruction to disband the KwaZulu-Natal political killings task team (PKTT).

Van Rooyen is testifying before the Madlanga Commission of Inquiry in Pretoria.

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She said the task team falls under an operational matter, which is the sole responsibility of the national police commissioner.

Earlier this week, National Police Commissioner Fanie Masemola outlined his role and responsibilities versus that of a Police Minister.

In line with the Constitution and SAPS Act, a national police commissioner is responsible for operational matters, whereas the police minister is responsible for political oversight, policy and legislative frameworks.

Masemola argued that the instruction by Mchunu to disband the KZN PKTT was not within his mandate.

During her testimony at the Madlanga Commission on Thursday morning, Van Rooyen echoed Masemola’s sentiments, saying Mchunu’s letter was clearly an instruction related to operational matters.

"Did the minister have the power to direct or command the closure of a task team that was investigating crimes? In my view, he did not have that authority."

Van Rooyen is expected to also speak to the legalities around the reassignment of 121 dockets from the KZN PKTT to national policeheadquarters in Pretoria.