Authority to disband PKTT lies exclusively with National Police Commissioner: Van Rooyen

Van Rooyen says Sibiya had no power to carry out Police Minister Senzo Mchunu's directive.

Sep 25, 2025 - 17:00
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Authority to disband PKTT lies exclusively with National Police Commissioner: Van Rooyen
Police Major General Petronella van Rooyen has told the Madlanga Commission in Pretoria that the authority to disband the KwaZulu-Natal Political Killings Task Team (PKTT) lies exclusively with National Police Commissioner, General Fannie Masemola
Van Rooyen is the head of Governance, Legislation and Policy at the Legal Services Division at the South African Police Service.
She has told the commission that Police Minister Senzo Mchunu had no legislative authority to disband the PKTT especially in the manner that he did. 

“The minister of police is not a technocrat. His or her role is to advance the development of legislation and national police policy particularly in terms of key issues that require executive attention. Therefore, a minister is empowered to select which areas warrant specialized intervention and attention such as crash in transits, illegal mining, gangsterism, etc. However, the minister cannot prescribe at the national level.”

She added that suspended Deputy National Police Commissioner for Crime Detection General Shadrack Sibiya also had no legislative authority to carry out an order of disbanding the PKTT.

She says Sibiya had no power to carry out Police Minister Senzo Mchunu’s directive.

“Can the deputy police commissioner say once a minister has issued a directive, we are obliged to comply with it and implement it not withstanding what the national commissioner says? No, the deputy national commissioner does not have that power and I am reminding you commissioner that section 199:6 of the constitution says no member of the security services may comply manifestly with an illegal order.”

Earlier, she also said that the Mchunu himself did not have the authority to disband the task team.

Van Rooyen says that even if the disbandment of the PKTT was discussed with President Cyril Ramaphosa, it does not make it law.

Earlier this week, National Police Commissioner General Fannie Masemola testified that Mchunu had informed him that President Ramaphosa had approved the disbanding of the PKTT.

“Government’s policy does not only relate to the decision or view of a president and a minister and this is even more pertinent in view of our current government of national unity. So, it cannot be proposed that even though it was discussed with the president, it has now become government’s policy or government intention to dissolve the PKTT.”

 

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