In his article “Ongoing turmoil in leadership threatens SAPS stability,” (DD Oct 30) Dr Tony Duba argues that police national commissioner General Fannie Masemola should be suspended.
I respectfully disagree with this assertion.
Duba bases his call on several sources, including academic writings, legislation, newspaper reports, and updates from both the Madlanga Commission and the parliamentary ad hoc committee proceedings.
This discussion arises from suspended police minister Senzo Mchunu’s letter, dated December 31 2024, which directed that the Political Killings Task Team (PKTT) must be disbanded, and addressed the filling of vacancies within the SA Police Service.
The letter triggered strong reactions — both criticism of the minister for allegedly overstepping his authority and scrutiny of Masemola for his perceived inaction.
Evidence presented before both the commission and the ad hoc committee shows that Masemola disputed the minister’s directive to dissolve the PKTT.
He disagreed not only with the decision but also with the method of implementing it.
Nonetheless, he attempted to comply by advising that the task team be wound down gradually rather than disbanded immediately.
Former minister Bheki Cele, testifying before the ad hoc committee, argued that an immediate dissolution was impractical and that Masemola should have told Mchunu directly that he was acting beyond his powers.
Other witnesses, including the SAPS head of legal services, were not convinced that the minister had any right to issue such an instruction.
They further contended that even if he did, the decision should have been based on sound reasoning, including the request for a detailed report, proper assessment of the facts, and consultation with relevant internal and external stakeholders.
Both deputy ministers of police avoided engaging with the substance of the issue, while the current minister, Prof Firoz Cachalia, declined to go into detail on the matter.
From all this, the issue comes down to the character of Masemola —his ability to speak truth to power when faced with political pressure.
This question has little to do with his academic qualifications or experience; his credentials are well established.
What is under scrutiny is his courage to stand firm in defence of what he believes is right.
In the public sector, there is growing concern about the reluctance of accounting officers to challenge political principals.
Many fear that refusing to implement questionable instructions may be “career-limiting”.
The principle of the political–administrative dichotomy holds that politicians are responsible for policy formulation, while appointed officials must implement those policies impartially.
In practice, however, the boundary between the two often blurs.
At the commission, Masemola was asked whether he would take an unlawful instruction and his reply was, “It depends”.
This response is deeply concerning coming from someone who occupies one of the highest offices in law enforcement.
The national commissioner should be the final guardian of legality within the SAPS, not someone uncertain about where to draw the line.
Since 1995, SA has appointed nine national commissioners, including three acting commissioners.
Such instability reflects a systemic weakness in leadership continuity and institutional governance.
The appointment of the national commissioner is governed by the SAPS Act 68 of 1995.
Section 7 of the Act stipulates that the national commissioner shall serve for a period of five years from the date of appointment, while Section 8 outlines the process to be followed when there is a loss of confidence in the commissioner.
This process requires the minister to prepare and submit a report to cabinet outlining the reasons for such loss of confidence.
In the current case, Mchunu, who would likely have initiated such a process, has been temporarily replaced and therefore cannot act on it.
His successor, Cachalia, informed the ad hoc committee that he has met with Masemola several times, both formally and informally, and that their working relationship is improving.
His remarks suggest there is no appetite to initiate a loss of confidence process or to pursue suspending the commissioner.
From this context, several critical points emerge.
The legal framework governing the relationship between political principals and accounting officers should provide greater protection for the latter, enabling them to resist improper instructions without fear of career repercussions.
A culture of accountability cannot thrive where integrity is punished.
Furthermore, the regulations should allow for other authorised bodies, beyond the minister alone, to initiate a loss of confidence process against the commissioner.
Such a measure would ensure this serious mechanism is not left solely to political discretion.
It is also essential to address the chronic instability at the top of the SAPS.
Finally, the forthcoming recommendations of the Madlanga Commission and the ad hoc committee should be implemented decisively.
While there are legitimate concerns about Masemola’s decisiveness, the available evidence does not justify his suspension, and would only worsen instability in an already strained institution.
The problem lies not in his personal capacity but in a system that blurs political and administrative responsibilities and fails to protect ethical decision-making.
Instead, the focus should be on strengthening accountability, clarifying lines of authority, and ensuring the office of the national commissioner is shielded from political interference.
For these reasons, and pending findings from the commissions, this is not the time to suspend Masemola.
Wongama Gela is an ANC EC PEC member and MPL. He writes in his personal capacity.
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