South African Police Service legislative expert, Marga van Rooyen, has shed light on the constitutional boundaries of ministerial authority during testimony at the Madlanga Commission of Inquiry in Pretoria on Thursday.
Van Rooyen became the latest witness to take the stand on day six of the hearings, which are probing allegations of criminality, political interference, and corruption within the criminal justice system.
She explained that while the Minister of Police is empowered to determine national policing policy in consultation with provincial governments, the authority to make operational decisions lies squarely with the National Police Commissioner.
“The need to clarify the role of the minister has been repeatedly raised as a concern. It appears that there are different interpretations in words contained in the section 207 of the constitution that requires the national commissioner to exercise control over and manage the police service in accordance with the national policing policy,” she added.
