The National Prosecuting Authority's decision to withdraw criminal 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 SA Police Service. The charges related to his alleged duties as an accounting officer in connection with the controversial R360m SAPS Medicare24 tender awarded to Vusimusi “Cat” Matlala’s company.
Masemola was suspended by President Cyril Ramaphosa after the charges were filed, pending the finalisation of his criminal case. His 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 would have the same effect as if the charges had never been filed, though it doesn't take the same procedure.
The withdrawal of charges was formally recorded in the Pretoria magistrate’s court on Tuesday. The charges against Masemola were under the Public Finance Management Act (PFMA). Seleka mentioned that Masemola cannot return to work immediately, as a separate decision on his suspension would have to be made before his return to office. The president, who suspended Masemola, would have to deal with his suspension after the withdrawal of the charges.
Seleka stated that the president retains discretion in relation to the position of national commissioner. There is nothing in law that requires the president to reinstate Masemola; it is his prerogative. However, Seleka expressed his view that Masemola should be reinstated because the allegations that formed the basis of his suspension had fallen away.
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. Seleka explained that once a matter has been enrolled and given a case number, it becomes part of the court’s record. The same court needs to amend its record to say this case is no longer coming before the court based on whatever reasons they would have advanced.
For Masemola, the immediate legal consequence is that the criminal prosecution against him has been withdrawn. The question remains 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 suspension still in place despite withdrawal of charges
- President retains discretion on Masemola's reinstatement
- Co-accused face separate assessments for their cases
