NDPP withdraws charges against national police commissioner Fannie Masemola

The National Director of Public Prosecution (NDPP) has instructed that the charges against suspended National Police Commissioner Fannie Masemola in connection with the controversial South African Police Service (Saps)-Medicare24 tender scandal be withdrawn.

Advocate Andy Mothibi, the NDPP, has formally issued instructions that the charges against Masemola be withdrawn.

NDPP withdraws charges against Masemola

Masemola faced four charges for violation of the Public Finance Management Act (PFMA) in connection with a health services tender awarded to tenderpreneur Vusimuzi “Cat” Matlala’s company, Medicare 24 Tshwane District.

The National Prosecuting Authority (NPA) said Mothibi’s instruction followed a review of the charges laid against Masemola and his arrest by the Independent Directorate Against Corruption (Idac).

Last month, Masemola’s legal representative told the Pretoria Magistrate’s Court that he submitted formal representations to Mothibi asking the NPA to review and withdraw the charges.

The suspended police commissioner’s prosecution was also questioned during the proceedings at the Madlanga commission.

Evidence presented to the commission suggested that Masemola was allegedly targeted by Idac as part of an effort to remove him from his position.

Former Idac head Andrea Johnson has disputed the allegation, although she concedes that Masemola should have been charged separately.

No reasonable prospects of successful prosecution – NPA

NPA spokesperson Kaizer Kganyago said that 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.

When the NPA policy directives are not followed, these provisions give the NDPP the authority to get involved in any prosecution process. Among other things, the NPA directives stipulate that before a matter is enrolled for trial, there must be a real chance of victory.

“The NDPP considered evidence gathered by Idac through investigations; he also considered a report by the Case Assessment Panel together with a report of an independent senior counsel who was appointed to be part of the Case Assessment Process,” Kganyago said.

“Following 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.”

Mothibi subsequently issued instructions that the charges against Masemola be withdrawn.

“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest,” Mothibi said in a statement on Tuesday.

“A prosecution that proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations does not accord with the NPA mandate.”

NDPP will report case to Idac Judge

To determine whether there has been any misconduct, the NPA added that the NDPP will report the case to the Idac judge and use the Case Assessment Panel report to look into the circumstances surrounding the prosecution team’s evaluation of the evidence, the enrolment of the matter, and the application of the law.

In addition to the above-mentioned process of assessing and reviewing the case, the NPA confirmed it also received representations from Masemola’s lawyers.

“The representations were considered by the NDPP, however, since the decision to withdraw the matter was already taken based on the assessment and review process above, the representations did not have any further bearing on this matter,” Kganyago said.

The spokesperson added that the prosecution team will make arrangements for Masemola to appear in court to withdraw the case against him.

“The process of assessing and reviewing all the cases at Idac will continue as part of the Idac Reset Programme,” Kganyago said.