The National Prosecuting Authority (NPA) has withdrawn charges against suspended National Police Commissioner Fannie Masemola, who faced four counts of contravening the Public Finance Management Act (PFMA) for allegedly failing to oversee the awarding of the R360-million Medicare24 contract. Masemola was formally charged on 16 April by the Independent Directorate Against Corruption (IDAC) and became the 17th co-accused in the criminal case against alleged Big 5 cartel leader Vusimuzi “Cat” Matlala.
The charges were withdrawn after National Prosecuting Authority head Andy Mothibi ordered a review of the case, which considered IDAC’s evidence, a report by the Case Assessment Panel, and an assessment by an independent senior counsel. The NPA found that there were no reasonable prospects of a successful prosecution against Masemola on the PFMA charges, and subsequently issued instructions that the charges be withdrawn.
The NPA will refer the case to the IDAC judge to determine whether the charges were deliberately instituted or whether misconduct was involved. According to NPA spokesperson Kaizer Kganyago, Mothibi emphasized that a prosecution that proceeds despite insufficient evidence and fails to consider material exculpatory information would not be consistent with the NPA’s mandate.
Masemola faced allegations of failing to fulfil his oversight duties as the SAPS accounting officer in relation to the Medicare24 contract, which had paid out around R50-million before he cancelled it following an internal report that found irregularities. The charges against him were widely criticized, with some arguing that they were irregular and had been instituted to humiliate Masemola through his appearance in the dock and his alleged association with Matlala.
Following the withdrawal of charges, Masemola expressed his eagerness to return to his position as South African Police Service (SAPS) national commissioner. He stated that he had not considered suing the state and was ready to serve the country again, pending clearance from his employer.
Masemola also highlighted the need to avoid a “conflation of function” between investigators and prosecutors, suggesting that investigations should be conducted by investigators and prosecutors should prosecute based on the investigations. He had not spoken to President Cyril Ramaphosa at the time, as he had taken ill.
The withdrawal of charges against Masemola has raised questions about the handling of the case by IDAC, with the NPA referring the matter for further investigation into how the case was handled. Former IDAC head Andrea Johnson faced criticism from commissioners at the Madlanga Commission, who questioned the regularity of the charges against Masemola.
Key points
- The NPA has withdrawn charges against Masemola due to insufficient evidence.
- The case will be referred to the IDAC judge to investigate possible misconduct.
- Masemola has expressed his readiness to return to his position as SAPS national commissioner.
