National Police Commissioner Fannie Masemola explained that the removal of dockets is not just something that can be done on whim, but that it requires permission and communication with the provincial police commissioner.
Masemola was responding to questions raised by Parliament’s Ad Hoc Committee chief evidence leader, Advocate Norman Arendse SC, as he appeared before the committee investigating political interference in policing structures.
KwaZulu-Natal (KZN) police commissioner Lieutenant-General Nhlanhla Mkhwanazi had given testimony on the Political Killing Task Team (PKTT) where he said that he questioned both the timing and authorship of the directive, which also froze vacancies within Crime Intelligence and gave instructions relating to border security.
A letter addressed solely to national commissioner Fannie Masemola, was not shared with Mkhwanazi or any of the operational leaders of the disbanded Priority Crimes and Political Killings Task Team (PKTT).
The commissioner said he only became aware of it on 2 January 2025, two days after it was signed.
“I was with the minister on the 28th of December at a funeral in KwaZulu-Natal, along with the national commissioner,” said Mkhwanazi.
“We parted ways, wished each other Happy New Year. Then, on the 2nd, this letter arrives. I was shocked and surprised. For such serious and strategic issues, the timing and manner were very strange.”
During Thursday’s hearing, Arendse talked about tensions between deputy police commissioner Lieutenant-General Shadrack Sibiya and Mkhwanazi.
Arendse said: “It seems worse for Lieutenant General Mkhwanazi, is that here is a person who’s been appointed, not in terms of the Constitution, but in terms of the police act.
“Sibiya is now head of detectives, head of forensics, and now coming sort of into his territory, his jurisdiction in KZN, and wanting literally to pull rank and ordering dockets to be removed from his domain in KZN, and these dockets must be taken to the head office in Pretoria. You’ve heard of that tension?”
Masemola said that he did “hear of that contention”.
“(For) the deputy national commissioners, and the divisional commissioners, of course, the rule is when they go and do something in the province, normally, you will liaise with the head of police in the province, which is the provincial commissioner.
“If you couldn’t do it immediately, as soon as you finish what you were doing, you then immediately thereafter, inform him. For example, if it’s a clandestine or covert operation, you can execute whatever operation, but immediately thereafter inform the provincial commissioner,” Masemola said.
“But of course, removal of dockets… dockets belongs to a police station which belongs to the province, so yes, you would need to inform him when you do such – when you take dockets.”
Arendse followed up by questioning whether it is a matter of just informing someone or consulting with them. Masemola said that’s not how it works.
“Even (for) myself, I can’t just go into a province and say, I want that docket. What would be the reason? You must consult the provincial commissioner and tell him why you’re doing what you are doing.
“If the provincial commissioner is involved in a crime, yes, you might have a reason not to tell him, but if he’s not, why would you then just get into a province and do it? It’s not that to say if you are a deputy national commissioner, you have absolute power or authority over any detective in the country,” Masemola said.
“You have authority in terms of policy that you will draft, (and) it gets sent into the organisation, but when it comes to the implementation of that policy, it is implemented by the provincial commissioner down there.
“In case there are problems, they will inform you what is the problem with policy, but when it comes to the execution of the job or the work, the provincial commissioner in that province is responsible for policing there, of course, subject to whatever directives I can give, and or if it’s delegated to the deputy national commissioner, yes, he can talk to the provincial commissioner.
Masemola added that under normal working circumstances, people will talk, and there will be no problem.
“But if it’s a matter of where you want to issue instructions and there are problems, obviously, you do have the national commissioner that you can consult to say, ‘I have a problem in this area’ or whatever it is, but you can’t go into a province and just do anything or act without involving the provincial commission.
“If it happens, sometimes it does happen, yes, but immediately thereafter, you must bring the provincial commissioner into the picture.”
