Police boss Fannie Masemola looked to Ramaphosa for help over Minister's 'unlawful' order

National Police Commissioner Fannie Masemola told the Madlanga Judicial Commission of Inquiry that he reached out to President Cyril Ramaphosa, seeking intervention over what he deemed an "unlawful" directive by suspended Police Minister Senzo Mchunu to disband the Political Killings Task Team. 

However, Masemola did not get clear details on what was discussed between Ramaphosa and Mchunu during their conversation.

Masemola was testifying on Monday at the Commission probing allegations of political interference in the criminal justice system at the Brigitte Mabandla Justice College in Pretoria.

He told the Commission that he approached Ramaphosa, given the fact that Mchunu was “instructing and not soliciting views” from the police leadership regarding the task team’ disbandment. 

“I spoke to the President on February 1, 2025. During this meeting I mentioned the minister’s directive to disband such a successful team and the president told me that he would speak to the minister,” he said.

Masemola revealed that Mchunu's directive to disband the task team, established in 2018 to tackle politically-related killings in KwaZulu-Natal, lacked clear reasons and came despite the team's success in securing convictions. 

“The President did come back to me to say he talked to Mchunu but did not tell me about the outcome,” he said.

He expressed surprise at the abrupt nature of the decision to disband the team, which he believed overstepped into operational matters that should have been left to him.

He said that he received a letter dated December 31, 2024 regarding the task team's disbandment via WhatsApp on January 2, 2025 while he was on annual leave and was set to return on January 14, 2025.

Despite being unavailable to address the issues raised, he instructed his team to prepare a progress report in line with Mchunu's directive, which was due by January 20, 2025.

He stated that while he believed Mchunu's directive to disband the task team was unlawful, he instructed his team to prepare a progress report to avoid being seen as insubordinate.

Justice Mbuyiseli Madlanga asked Masemola why he did not inform Mchunu that preparing a report on the task team's disbandment would be unlawful.

“Well, that I didn’t say (that to Mchunu). I just said to the team ‘prepare whatever report’ (but) compliant to that immediate de-establishment," he said, but he told the team to not dissolve the task team until he returned from leave.

Earlier, Masemola stated that he would comply with instructions from the Minister if they are lawful, but would defy them if they are unlawful.

Madlanga said: “I hope I won’t sound as if I am being facetious. Maybe then you should have qualified your answer this morning and said 'I would not obey an unlawful instruction unless the minister breathes down my neck'.” 

Masemola chuckled in response to Justice Madlanga's remark, saying: "Okay, I hear you commissioner. We go through things as officials of the government."

When suspended Lieutenant-General Shadrack Sibiya presented a progress plan to disband the task team, Masemola was not satisfied with the proposal due to its immediate termination approach. 

He expressed concerns that abruptly disbanding the team would severely impact ongoing investigations, cause complications with court proceedings, and put witnesses in protection programs and affected families at risk. 

Instead, Masemola suggested a phased-out approach, allowing the team to wind down gradually.

He testified that Mchunu's directive was "an overreach of the functions of the national commissioner" and "flies in the face of the police’s mandates to investigate crime". 

He emphasised that the minister's letter prescribed the "how" of disbanding the task team, encroaching on operational activities .

Masemola said he also received a call from KwaZulu-Natal SAPS commissioner General Nhlanhla Mkhwanazi on January 2, 2025, inquiring about a letter instructing Masemola to disband the task team.

“I informed him that I am on leave until January 14, 2025 and had not had an opportunity to consider the contents of the letter from the minister but that I was aware of it. I made it clear to him that I had nothing to do with the disbandment,” he said.

The hearing will continue on Tuesday.

rapula.moatshe@inl.co.za