The National Director of Public Prosecutions has instructed that all charges against National Police Commissioner General Fannie Masemola be withdrawn after a review found insufficient evidence for a successful prosecution.
Advocate Andy Mothibi formally issued the instructions following a review of the charges laid against Masemola for alleged violation of the Public Finance Management Act.
Constitutional intervention
In reviewing the charges, Mothibi invoked Section 179(5)(c) of the Constitution read with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998. These provisions empower the national director to intervene in any prosecution process where NPA policy directives are not complied with.
The NPA directives provide that there must be reasonable prospects of success before a matter is enrolled for trial.
Mothibi considered evidence gathered by the Independent Directorate Against Corruption through investigations, a report by the Case Assessment Panel and a report from an independent senior counsel appointed to be part of the case assessment process.
“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest,” said Mothibi. “A prosecution that proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations does not accord with NPA mandate.”
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Background to the case
Masemola appeared in the Pretoria Magistrate’s Court earlier this year alongside at least 16 other co-accused, including alleged criminal mastermind Vusimuzi “Cat” Matlala, in connection with the irregular awarding of a contract valued at approximately R228 million to Medicare24, a company owned by Matlala.
The charges fell under Section 38 of the PFMA, which relates to the responsibilities of accounting officers in ensuring compliance with procurement regulations. The charges stemmed from a broader R360 million health services tender scandal that has affected the South African Police Service since 2024.
Following his court appearance, President Cyril Ramaphosa placed Masemola on precautionary suspension and appointed Lieutenant General Puleng Dimpane as acting national police commissioner. Dimpane currently serves as chief financial officer of the police service, where she oversees the management of the approximately R80 billion budget.
Investigation into prosecution team
The national director will report the matter to the IDAC judge and avail the Case Assessment Panel report to investigate the circumstances relating to the prosecution team’s assessment of the evidence, the enrolment of the matter and the application of the law to determine if there is any misconduct.
The NPA also received representations from lawyers representing Masemola. However, since the decision to withdraw the matter was already taken based on the assessment and review process, the representations did not have a further bearing on the matter.
The prosecution team will make arrangements for Masemola to appear in court for the purpose of withdrawing the case against him.
The process of assessing and reviewing all cases at IDAC will continue as part of the IDAC Reset Programme.
