The national police commissioner was grilled as he took the witness stand at the Madlanga commission.
National Police Commissioner Fannie Masemola faced tough questioning on Monday as he attempted to explain his compliance with Police Minister Senzo Mchunu’s decision to disband the political killings task team (PKTT).
Masemola testified as the second witness before the Madlanga commission at the Brigitte Mabandla Justice College in Pretoria.
The commission is probing allegations of political interference, corruption, and collusion within the criminal justice system, following claims made by KwaZulu-Natal (KZN) police commissioner Nhlanhla Mkhwanazi.
Mchunu’s decision took Masemola by surprise
Resuming his evidence after the lunch break, Masemola told the commission that he had been on leave when Mchunu dismantled the political killings task team through a letter dated 31 December 2024.
He revealed that just three days earlier, Mchunu had attended a funeral with him.
“Despite this, at no point during our interaction did the minister indicate any intention to disband the political killings task team, let alone immediately, or express concerns about its operations.
“This lack of prior warning made the subsequent developments all the more unexpected and perplexing, as there had been no communication or indication suggesting that such a drastic decision is imminent,” Masemola said.
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The national commissioner said he only learned about Mchunu’s letter on 2 January, when an official in his office sent it to him via WhatsApp.
The leak of the letter prompted Mkhwanazi to call Masemola that same day.
“It made clear to Lieutenant-General Mkhwanazi that I had nothing to do with the disbandment and I informed him that the minister never sought any advice before taking a decision,” he said.
Disbandment ‘an overreach’ – Masemola
Masemola agreed with the commission’s chairperson, Mbuyiseli Madlanga, that Mchunu’s instruction to disband the task team was unlawful, describing it as interference in police operations that fall under the national police commissioner.
“I take it as an encroachment in the operational activities of Saps [South African Police Service] because he is going as far as even saying when it must be disbanded, moreover, even without knowing the reasons why.”
READ MORE: No arrests made on task team dockets despite instructions to do so – Mkhwanazi
He testified that he raised the issue directly with President Cyril Ramaphosa on 1 February.
“I did tell him that this team is being dissolved, reasons unknown, and I said if ever it has to be done, it cannot be done in this abrupt manner because I don’t know what we are chasing.”
According to Masemola, Ramaphosa indicated that he would speak to Mchunu.
“At a later stage, the president informed me that he did discuss the issue with the minister [but] he did not inform me on what details they discussed.”
Masemola added that Ramaphosa never told him the outcome of those discussions.
‘Insubordination’
Despite believing the disbandment was an overreach, Masemola said he complied with Mchunu’s instruction to produce a preliminary report on the matter by 20 January.
“I would have been accused of insubordination since all that was required insofar as the instruction concerned was the preparation of a report.”
However, Madlanga challenged this explanation.
“It doesn’t make sense to me that you would have feared insubordination if asked to make a progress report on a disbandment that is unlawful,” the chairperson said.
READ MORE: Madlanga commission: Mkhwanazi pulls no punches, says Mchunu involved with criminals
Masemola responded that he only complied with the instruction to prepare the report, not the one to immediately dismantle the task team.
He said he believed the team should have been scaled down gradually rather than shut down outright after suspended deputy national commissioner Shadrack Sibiya presented a plan for its immediate closure.
Masemola stressed that he initially refused as he tried to uncover the reasons behind the disbandment, but eventually had “no alternative left”.
He further explained that, at the time, he was unaware of the task team’s investigations involving businessmen Katiso “KT” Molefe and Vusimuzi “Cat” Matlala — which are now believed to have influenced Mchunu’s decision.
Madlanga grills Masemola
But Madlanga remained sceptical.
“Why is it that once confronted with what you say was an unlawful instruction from the minister, you relented. Can you explain that?”
Masemola insisted he had no choice, but planned to carry out the disbandment “in my own way”.
“After having no other way, and life goes on, this man is here in front of me, he wants the team to be disestablished. There is no any other help so what do I do?”
Madlanga interjected: “Maybe then you should have qualified your answer of this morning and say ‘I would not obey an unlawful instruction unless the minister breathes down my neck’.”
Masemola replied: “The positions that we find ourselves as government officials… we go through things.”
He added that the only recourse available to him if he disagreed with the minister was to approach the president.
“I can’t take my own minister to court, so there’s no other avenue.”
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