President Cyril Ramaphosa has stated that the reinstatement of suspended national police commissioner General Fannie Masemola is being considered following the withdrawal of criminal charges against him by the National Prosecuting Authority (NPA). Ramaphosa made these comments on the sidelines of the Evangelical Presbyterian Church in South Africa's 150th anniversary celebrations in Gauteng. He urged the public to be patient and wait for a decision regarding Masemola's future.
The NPA withdrew four charges of contravening the Public Finance Management Act (PFMA) against Masemola in the Pretoria magistrate's court. These charges were related to his alleged responsibilities as the accounting officer in connection with a controversial South African Police Service (SAPS) health-care tender awarded to Medicare24 Tshwane District, a company owned by Vusimusi "Cat" Matlala. The tender was valued at approximately R228m, while the broader procurement was reportedly worth around R360m.
The charges against Masemola were based on allegations of irregularities in the procurement process. However, National Director of Public Prosecutions Advocate Andy Mothibi reviewed the evidence and concluded that there were no reasonable prospects of a successful prosecution against Masemola on the PFMA charges. As a result, Mothibi instructed that the charges be withdrawn, citing that enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest.
The NPA has announced that Mothibi will report the matter to the Investigating Directorate Against Corruption (Idac) judge and make the case assessment panel report available for an investigation into the circumstances surrounding the prosecution team's assessment of the evidence. This investigation will examine the enrolment of the case and the application of the law. Meanwhile, Masemola's suspension remains in place, and Ramaphosa must make a separate decision before he can return to his position as national police commissioner.
Masemola expressed his readiness to return to work, describing the past five months as painful. He stated that if President Ramaphosa calls him tomorrow, he will be at the office and energetic to go back to work. However, the broader criminal case relating to the Medicare24 contract continues against other accused, who face corruption charges in connection with the alleged irregular awarding of the R228m contract.
The withdrawal of charges against Masemola does not automatically lift his suspension, and Ramaphosa must make a separate decision regarding his reinstatement. Ramaphosa has urged patience, stating that the matter is under consideration. The President's decision will be crucial in determining Masemola's future as national police commissioner.
The case has raised concerns about the procurement process and potential irregularities in the awarding of government contracts. The investigation into the circumstances surrounding the prosecution team's assessment of the evidence will be crucial in shedding light on the matter. Key points to watch include Ramaphosa's decision on Masemola's reinstatement, the outcome of the investigation into the prosecution team's assessment, and the progress of the broader criminal case against other accused.
Key points
- President Cyril Ramaphosa is considering the reinstatement of suspended national police commissioner General Fannie Masemola.
- The National Prosecuting Authority withdrew four charges of contravening the Public Finance Management Act against Masemola.
- Masemola's suspension remains in place pending a separate decision by Ramaphosa.
