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SAPS Legal Head Slams Parliament's "Failure of Mandate" in Police Interference Probe

Published on: 25 September 2025

SAPS Legal Head Slams Parliament's

Madlanga Commission

The Madlanga Commission of Inquiry into criminality, political interference, and corruption in South Africa’s criminal justice system has heard explosive testimony that Parliament’s Portfolio Committee on Police dropped the ball by ignoring early red flags of ministerial meddling in policing, months before KwaZulu-Natal Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi’s dramatic July press briefing. Major-General Petronella van Rooyen, head of the SAPS legal division, told the commission on Thursday, 25 September 2025, that the committee’s inaction amounted to a “failure of their mandate.” “So the fact that the Portfolio Committee didn’t act on that is, in my mind, a failure of their mandate,” she said. “Even if they initiated an investigation, called the management of the police to come and explain, that would already have been an exercise of oversight on their part to ensure that the matter received attention.”

Van Rooyen’s evidence, the third major witness after Mkhwanazi’s three-day marathon and National Commissioner General Fannie Masemola’s two-day turn, zeroed in on Police Minister Senzo Mchunu’s unlawful order to disband the Political Killings Task Team (PKTT), calling it a clear overstep under Section 207 of the Constitution. “To manage and control the police service, that must be linked to manage and control the police service in the execution of its constitutional mandate. And the decision of the minister to close a political task team that was responsible for the investigation of crime, in my view, fell outside the mandate or authority of the minister,” she explained. [1] This comes amid revelations that Mchunu and suspended Deputy Commissioner Shadrack Sibiya allegedly shielded criminal networks linked to businessmen Vusumuzi “Cat” Matlala and Katiso “KT” Molefe, stalling probes into political assassinations that have plagued KwaZulu-Natal for over a decade. As the commission digs deeper into SAPS’s legal guardrails at the Brigitte Mabandla Justice College in Pretoria, van Rooyen’s words expose a system riddled with blind spots, where unchecked power plays risk collapsing public trust in law enforcement. With Mkhwanazi’s 6 July 2025 briefing—flanked by tactical officers in full gear—igniting the inquiry, today’s testimony paints a damning picture of ignored warnings and constitutional breaches that could have prevented a cascade of stalled investigations and shielded suspects.

The hearings, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, have gripped the nation since 17 September 2025, unearthing a web of alleged sabotage in KZN’s police ranks. Van Rooyen’s measured but pointed critique of Parliament’s oversight lapse adds fuel to calls for reform, highlighting how early inaction in March 2025 let interference fester until Mkhwanazi’s public stand. For everyday South Africans, weary of crime syndicates dodging justice, this is a stark reminder: when watchdogs sleep, the vulnerable pay the price.

Van Rooyen’s Damning Testimony: Parliament’s Blind Eye to Early Interference Flags

Major-General Petronella van Rooyen, with her 42 years in SAPS and doctorates in criminal and constitutional law, brought sharp legal clarity to the commission’s sixth day. Testifying as an expert on governance and policy, she laid bare how Mkhwanazi’s March 2025 Portfolio Committee briefing—flagging ministerial overreach—went unheeded, breaching Parliament’s constitutional duty under Section 55 to oversee executive actions. [5] “The fact that the Portfolio Committee didn’t act on that is, in my mind, a failure of their mandate,” van Rooyen said, suggesting even a simple probe or summons for SAPS brass could have spotlighted the rot early. [3] Mkhwanazi had warned of political meddling in operations, including the PKTT’s targeting of ANC-linked killings, but the committee’s silence—despite an ad hoc panel’s later formation—let issues snowball into the July crisis. [5]

Her evidence dovetailed with Masemola’s earlier admission that he too raised alarms with President Cyril Ramaphosa in June 2025, only to hear crickets. [7] Van Rooyen stressed Parliament’s role as a check: under Section 92(3), ministers are accountable to it, yet the inaction here risked “total collapse” of oversight, as Mkhwanazi put it in his 17-19 September testimony. [0] This lapse, she implied, enabled unchecked directives, like Mchunu’s 31 December 2024 letter demanding the PKTT’s instant shutdown—a unit probing 300+ cases since 2011, with successes like the 2022 Sindiso Magaqa murder conviction. [1]

Van Rooyen’s poise—detailing her LLB, LLM, and LLD credentials—lent weight to her critique, warning of “dangerous and unconstitutional consequences” from blurred lines between policy (minister’s turf) and ops (commissioner’s domain). [2] She wrapped by noting deputy commissioners like Sibiya report solely to Masemola, not Mchunu, making Sibiya’s compliance with the disbandment order “insubordination.” [9] Her testimony, set to conclude today, paves the way for an NPA witness tomorrow, potentially linking to prosecutorial stalls on PKTT dockets.

Mkhwanazi’s July 6 Briefing: The Spark That Lit the Fuse

Nhlanhla Mkhwanazi’s 6 July 2025 presser at Durban’s SAPS HQ was theatre and thunderbolt: in Special Task Force kit, flanked by masked rifles, he accused Mchunu of sabotaging probes into political hits, protecting cartels via the PKTT shutdown. [24] “The criminal justice system risks total collapse if nothing is done,” he warned, flashing WhatsApp screenshots tying Mchunu’s aide Brown Mogotsi to Matlala and Molefe—figures in drug rackets and murders like DJ Sumbody’s 2022 hit. [28] Mkhwanazi detailed 121 dockets yanked to Pretoria on Sibiya’s nod, idling for months; Masemola later confirmed five were arrest-ready, stalled amid interference. [1]

The briefing, defying protocol per critics, drew hero status: Gift of the Givers’ Imtiaz Sooliman dubbed him a “beacon of hope.” [37] Ramaphosa responded 13 July with the Madlanga Commission, chaired by Justice Mbuyiseli Madlanga (retiring end-July), to probe infiltration by syndicates across SAPS, judiciary, and politics—hearings from 17 September, with public inputs until 17 October. Mkhwanazi’s three-day opener (17-19 September) unpacked the “sabotage,” from vacancy freezes to docket suppression, risking KZN’s 2026 polls.

Mchunu’s Overreach: No Power to Axe PKTT, Says Van Rooyen

Van Rooyen’s core salvo: Mchunu’s PKTT disbandment was unlawful, breaching Section 207(1)—vesting operational control in the national commissioner, with ministers limited to policy under Section 206. “The decision of the minister to close a political task team… fell outside the mandate or authority of the minister,” she ruled, noting Mchunu’s 31 December letter—claiming the unit obsolete—ignored its mandate under Section 205 to combat crime. Proper path: advise Masemola to reprioritise, not dictate shutdowns.

This echoes Masemola’s 22-23 September evidence: he viewed it as “encroachment,” acquiescing on “good faith” to gauge motives, but later revived the PKTT informally. Van Rooyen flagged dangers: pulling investigators mid-trial or blocking bail opposition erodes justice, breaching Section 199’s accountability principles. No SAPS member can obey “manifestly illegal” orders, she added, slamming Sibiya’s docket haul as bypassing Mkhwanazi’s authority.

Ties to Matlala and Molefe: A Web of Alleged Protection

Mkhwanazi and Masemola implicated Mchunu and Sibiya in shielding Matlala—a Pretoria security boss probed for kidnapping, extortion, and drug links—and Molefe, charged in Sumbody’s 2022 murder and Swart’s 2021 hit. PKTT dockets on Matlala vanished to Pretoria post-Mchunu’s letter; Mogotsi’s WhatsApp to Matlala on 2 January 2025 shared the disbandment news. Sibiya’s 26 March order moved 121 files, halting five arrest-ready probes.

Matlala’s Cat-VIP firm allegedly supplied SAPS gear; Molefe’s Sandton raid in July 2025 nabbed weapons and drugs. Mkhwanazi’s briefing, in STF gear for “protection,” accused a syndicate infiltrating SAPS, judiciary, and politics—prompting Ramaphosa’s 13 July commission launch.

Parliament’s Lapse: A Systemic Oversight Breakdown

Van Rooyen’s critique of the Portfolio Committee—chaired by Ian Cameron (DA)—stings: Mkhwanazi’s 5 March 2025 warnings of interference went unprobed, despite Section 55’s mandate. An ad hoc committee formed post-July, but van Rooyen called the delay a breach, letting sabotage fester. Cameron defended: the briefing’s shock value demanded caution, but opposition like the EFF demands accountability.

This echoes broader critiques: Parliament’s police oversight has waned, with 2024 reports showing 40% of recommendations ignored. The commission, with hearings to December and interim report in three months, may push reforms like mandatory probes.

Acting Deputy Chief Justice Mbuyiseli Madlanga, chairperson of the Judicial Commission of Inquiry

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