The National Prosecuting Authority's decision to withdraw charges against suspended national police commissioner Gen Fannie Masemola has cleared the criminal case against him. However, this does not automatically mean he can return to his position at the helm of the South African Police Service. The charges related to his alleged duties as an accounting officer in connection with the R360m SAPS Medicare24 tender awarded to Vusimusi "Cat" Matlala's company.
Masemola's lawyer, Morongoa Seleka, stated that the withdrawal of charges means Masemola's legal position effectively returns to what it was before he was charged. Seleka explained that it has the same effect as if the charges never existed, though it doesn't take the same procedure. Masemola was suspended by President Cyril Ramaphosa after the charges, pending the finalisation of his criminal case.
The withdrawal of charges was formally recorded in the Pretoria magistrate's court on Tuesday. Seleka mentioned that the president, who suspended Masemola, would have to deal with his suspension after the withdrawal of the charges. According to Seleka, the president would have to reinstate Masemola, as the allegations that formed the basis of his suspension had fallen away.
However, Seleka also stated that the president retains discretion in relation to the position of national commissioner. The president can choose not to reinstate Masemola, citing that there is nothing in law that requires him to do so. Seleka expressed his view that Masemola should be reinstated, but ultimately, the decision lies with the president.
The withdrawal of Masemola's charges does not automatically mean his co-accused will receive the same treatment. The other accused face different allegations, including fraud, corruption, and money laundering, and their cases would have to be assessed separately. Seleka mentioned that the co-accused could potentially seek similar relief if an assessment of their cases found the evidence did not provide reasonable prospects of a conviction.
The NPA's decision to withdraw the charges means it will no longer proceed with the prosecution against Masemola on those charges. The matter had already been enrolled in court, and Seleka stated that the withdrawal had to be formally recorded by the court. This is a procedural and legal requirement to update the court's record.
For Masemola, the immediate legal consequence is that the criminal prosecution against him has been withdrawn. The question now is whether the president will formally lift his suspension and clear the way for him to return to his position as national police commissioner.
Key points
- Masemola's charges withdrawn due to lack of reasonable prospects of a successful prosecution.
- President Cyril Ramaphosa retains discretion on Masemola's reinstatement.
- Co-accused face separate allegations and assessments.
