Madlanga Commission hears Mchunu disbandment instruction ‘unlawful’
The legal head of the South African Police Service says a discussion with the president does not create government policy.
Petronella van Rooyen concluded her testimony before the Madlanga Commission of Inquiry on Thursday.
Van Rooyen is the Head of Governance, Legislation and Policy at SAPS Legal Services.
Her remarks came after evidence from National Police Commissioner Fannie Masemola, who testified that Police Minister Senzo Mchunu told him President Cyril Ramaphosa had no objections to disbanding the KZN Political Killings Task Team last December.
Van Rooyen says Mchunu's instruction to dissolve the unit was unlawful and fell outside his constitutional mandate.
READ: Masemola wraps up testimony at Madlanga Commission
"Government's policy does not only relate to the decision or view of the president and the minister. This is even more pertinent in view of our current Government of National Unity.
"So, it cannot be proposed that even if it was discussed with the president, it has now become the government's policy or the government's intention to dissolve the Political Killings Task Team."
Van Rooyen testified that ministers are responsible for national policing policy, while commissioners deal with operations on the ground.
The inquiry is probing allegations of corruption and political interference in the criminal justice system.
