Fannie Masemola, the national police commissioner.
National police commissioner Fannie Masemola testified on Monday that when the task team on political killings in KwaZulu-Natal was expanded to other provinces in 2018, there was widespread consultation, contradicting Police Minister Senzo Mchunu’s unilateral decision to disband it in 2024.
“To come to that conclusion without having this briefing, I wonder who briefed him,” Masemola asked on day four of the inquiry chaired by retired judge Mbuyiseli Madlanga.
He said the task team investigated complex cases and had finalised 297 cases with 125 dockets still under investigation.
President Cyril Ramaphosa established the Madlanga commission after KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi made explosive allegations regarding corruption and political interference in the criminal justice system, implicating Mchunu.
Last week Mkhwanazi testified at the commission that Mchunu — who was placed on special leave but has denied any wrongdoing — disbanded the task team to protect drug syndicates in Gauteng.
On Monday, Masemola explained that ministerial approval was not required to establish the task team, but rather that of the national police commissioner, who at the time was Khehla Sitole.
“The formation of the [task team] represented a significant shift in how politically motivated crimes were approached, prioritising collaboration across multiple agencies and emphasising accountability. The cross-functional approach allowed the team to leverage expertise from different sectors,” he said.
The initial task team was set up for six months and consisted only of KwaZulu-Natal police members. After recommendations from the National Prosecuting Authority it was later expanded to include other provincial and national police.
Masemola said the team was set up to “address the complex nature of political violence, ensuring interventions are coordinated, targeted and responsive to evolving challenges to both KZN and later Eastern Cape”. He said it initially worked in silos without an investigative or prosecutorial strategy, but a joint operations centre was later created to monitor its work.
Masemola, who was appointed to his post by Ramaphosa in 2022, was also questioned about whether a commissioner could refuse directives from the police minister.
Madlanga asked him: “If you were to find yourself in such a situation, would you disobey the minister?”
Masemola initially said it depended on the nature of the directive. “I would be able to say to him, ‘I’m not going to do that.’ If he explains, and I find the reason acceptable, then I would comply. But if the reason is not acceptable, then I would not comply.”
Evidence leader Terry Motau said these procedural matters went to the heart of how Masemola had responded to the directive to disband the task team.
In his testimony last week, Mkhwanazi said Mchunu had disbanded the political killings task team without the knowledge of Masemola, who was on leave. As national commissioner, Masemola holds operational and managerial control of the police service.
Mkhwanazi said he had contacted Masemola about rumours of the dissolution. Masemola told him he had been on leave when Mchunu sent out the message and had not considered the minister’s letter. He confirmed that he had not been consulted.
Mkhwanazi said Mchunu’s directive “seemed irrational, and indeed irregular, to me that a decision of such magnitude and impact would be taken without the national commissioner’s knowledge and in the absence of liaising with stakeholders, including myself as the functionary responsible for policing and investigations in KZN where the PKTT [political killings task team] was based”.
He had suggested Masemola seek an audience with the president. Mkhwanazi also tried to raise the matter directly with the minister but received no feedback.
On Monday, the Madlanga commission also examined the limits of ministerial authority. Asked whether the minister could order deployments, Masemola said: “It will depend on me and the situation on the ground.”
Commissioner Sesi Baloyi asked whether it would be an encroachment if the minister directed him to establish a particular task team.
“That is not encroachment — he doesn’t tell me how many people I should use for the work. It is simply a directive to attend to the problem and not how to do it. The how part would be encroachment — the who, what and when would be encroachment,” Masemola said.
Using a cash-in-transit task team as an example Motau pressed: “Can the minister direct that you should disband the implementation programme that you have put in place?”
Masemola replied: “No, actually not, he cannot disband such a low-level team. That team is not working at a strategic level on the ground.”