A legal application has been launched in the North Gauteng High Court in Pretoria by Member of Parliament Fadiel Adams, seeking to review and set aside the decision by National Director of Public Prosecutions (NDPP) Andy Mothibi to withdraw criminal charges against suspended National Commissioner of Police General Fannie Masemola. The application names Mothibi and Masemola as respondents. Adams argues that the decision to withdraw charges was unlawful and inconsistent with the Constitution.
The charges against Masemola relate to a R360 million SAPS health tender awarded to Vusimuzi “Cat” Matlala, who has been accused in a separate murder case. Masemola was charged with four counts of contravening Section 38 of the Public Finance Management Act (PFMA), relating to his responsibilities as an accounting officer. The case arose from a police healthcare procurement process involving Matlala’s company, Medicare24 Tshwane District.
According to Adams' founding affidavit, the NDPP's decision to withdraw charges was based on an incomplete assessment of the evidence. Adams argues that the information available to the NDPP demonstrated that there was at least a prima facie case against Masemola. He asks the High Court to determine whether there was a rational connection between the information before the NDPP and the decision to stop the prosecution.
The application relies heavily on information allegedly provided to Masemola before the tender was awarded. An Investigating Directorate Against Corruption (IDAC) investigator met Major General Fred Kekana in April 2026 and provided information concerning alleged corruption, fraud, and manipulation of the medical services tender. The affidavit refers to WhatsApp communications and affidavits by Major General Kekana and Major General Senobea Julie Hankins.
Adams also alleges that approximately R38.16 million in irregular expenditure could have been avoided if action had been taken when concerns were raised. The affidavit refers to payments of approximately R23 million in January 2026, R12 million in March 2026, and a further R1.6 million in April 2026. Masemola eventually signed a letter cancelling the contract in May 2026, more than a year after concerns about the tender process had allegedly been raised.
The application also relies on a 370-page forensic investigation report into alleged procurement irregularities relating to the tender. Adams says the forensic report was available to the Case Assessment Panel and therefore formed part of the information available to the NDPP when the decision to withdraw the charges was made. The report recommended steps that could include cancelling the contract, recovering damages, or restricting a supplier from doing business with the state.
In his concluding submissions, Adams says the decision to withdraw the charges against Masemola "cannot stand" and is inconsistent with the constitutional mandate of the NDPP. He asks the High Court to grant an order in terms of the notice of motion and review and set aside the decision. Adams further indicated that he intends to supplement the grounds of review once the respondents provide the relevant record in terms of the Administrative Review Rules.
Key points
- - The application was brought by Member of Parliament Fadiel Adams against National Director of Public Prosecutions Andy Mothibi and National Commissioner of Police General Fannie Masemola. - The charges against Masemola relate to a R360 million SAPS health tender awarded to Vusimuzi “Cat” Matlala. - Adams argues that the decision to withdraw charges was unlawful and inconsistent with the Constitution.
