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Corruption charges against National Police Commissioner Fannie Masemola withdrawn

By Mapaballo Borotho

National Police Commissioner Masemola to testify before Madlanga Commission on Monday 
Image: SAPS
  • The National Prosecuting Authority has instructed that corruption-related charges against suspended National Police Commissioner Fannie Masemola be withdrawn.
  • NDPP Advocate Andy Mothibi says a review of the evidence found there are no reasonable prospects of a successful prosecution on the PFMA charges.
  • The NPA will now report the matter to the IDAC Judge and make the Case Assessment Panel report available for scrutiny into how the case was handled.

The National Prosecuting Authority (NPA) has withdrawn the Public Finance Management Act (PFMA) charges against suspended National Police Commissioner General Fannie Masemola.

This follows instructions from National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi after a review of the case.

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.

The NPA said these provisions allow the NDPP to intervene in a prosecution process where NPA policy directives have not been complied with.

The NPA said Mothibi considered evidence gathered by the Independent Directorate Against Corruption (IDAC), a report by the Case Assessment Panel and an independent Senior Counsel’s opinion.

“Following on the review process, the NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the National Commissioner on the PFMA charges. The NDPP has subsequently issued instructions that the charges against the National Commissioner be withdrawn”.

Masemola was charged earlier this year in connection with the controversial SAPS healthcare tender involving Medicare24, a company linked to businessman Vusimusi “Cat” Matlala. He faced PFMA-related charges in the matter.

President Cyril Ramaphosa subsequently placed Masemola on precautionary suspension following his appearance in the Pretoria Magistrates’ Court in April.

Meanwhile, Acting Police Minister Firoz Cachalia has welcomed the withdrawal of the charges, saying he is relieved by the decision.

Cachalia also indicated that Masemola could soon discuss his future with President Cyril Ramaphosa, who appoints the national commissioner.

What happens next?

The NPA says Mothibi will report the matter to the IDAC Judge and make the Case Assessment Panel report available to investigate the circumstances surrounding the prosecution team’s assessment of the evidence, the enrolment of the matter and the application of the law.

The investigation will also determine whether there was any misconduct in how the case was handled.

The prosecution team will make arrangements for Masemola to appear in court for the formal withdrawal of the case.

The NPA says its process of assessing and reviewing cases at IDAC will continue as part of the IDAC Reset Programme.

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