The African National Congress (ANC) has expressed concern over the independence of public officials, particularly in relation to National Police Commissioner Lt-Gen Fannie Masemola and suspended Police Minister Senzo Mchunu. During a committee meeting, ANC MPs argued that Masemola should have resisted Mchunu's directive to halt appointments in Crime Intelligence. The ANC's concern for the independence of public officials seems selective, as it appears more willing to confront Masemola than Mchunu.
On December 31, 2024, Mchunu instructed Masemola to disband the Political Killings Task Team and imposed a moratorium on filling Crime Intelligence vacancies. The instruction was issued under the authority of the minister, but the ANC's emerging lesson from this affair appears to be that the official who feared the consequences of resisting must face accountability, while the politician who created the confrontation is handled with care. The ANC's approach has raised questions about its commitment to accountability and the rule of law.
The ANC has had ample opportunity to demonstrate its concern about Mchunu's directives but has repeatedly demanded caution over conclusions adverse to him. In August, ANC chief Whip Mdumiseni Ntuli opposed a finding that Mchunu had been influenced by external parties in disbanding the task team. The ANC's inconsistent approach to accountability has led to concerns that it is more interested in protecting its own members than in upholding the law.
Committee chair Soviet Lekganyane reminded members that Masemola had said defying the directive would have been "career limiting". This highlights the challenges faced by public officials in resisting unlawful instructions. The Public Service Commission has described the tightrope senior managers walk between political principals and their duties to the state. The ANC's newfound concern for the independence of public officials seems hollow given its experience governing the country for three decades.
ANC MP Khusela Sangoni said the committee should send a strong message empowering accounting officers to resist political pressure. However, the ANC's reluctance to confront Mchunu raises questions about its commitment to accountability. If Masemola failed in his duty, he should be held accountable, but the ANC must also follow the instruction to its source and confront Mchunu.
The committee's report should address both Mchunu's instructions and Masemola's response. Masemola has said Mchunu did not consult him before directing the task team's disbandment, and he sought reasons from the minister. The ANC's selective bravery in addressing Mchunu and Masemola's directives has raised concerns about its commitment to accountability and the rule of law.
The ANC's approach has implications for the country's governance and accountability. If officials alone pay for political interference, the lesson to the next official will be devastatingly clear: defy the minister and risk your career; follow him and risk your reputation. The minister, meanwhile, waits to see which outcome is more convenient. The Constitution assigns the Police Minister a role in setting policing policy and issuing directions, but it also gives the National Commissioner responsibility for controlling and managing the police.
Key points
- The ANC's selective bravery in addressing Mchunu and Masemola's directives raises concerns about its commitment to accountability and the rule of law.
- The ANC's approach has implications for the country's governance and accountability.
- The committee's report should address both Mchunu's instructions and Masemola's response.
