The Pretoria magistrates’ court formally withdrew charges against suspended National Police Commissioner Fannie Masemola Masemola on Tuesday over his alleged role in the R360-million Medicare24 contract.
Masemola faced four counts of contravening the Public Finance Management Act (PFMA) for allegedly failing to oversee the awarding of the contract. About R50-million had been paid out before he cancelled it following an internal report that found irregularities.
He was formally charged on 16 April by the Independent Directorate Against Corruption (IDAC) and became the 17th co-accused in the criminal case against alleged Big 5 cartel leader Vusimuzi “Cat” Matlala.
The charges were withdrawn after National Prosecuting Authority head Andy Mothibi ordered a review of the case.
The review considered IDAC’s evidence, a report by the Case Assessment Panel and an assessment by an independent senior counsel appointed to participate in the 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 The NDPP has subsequently issued instructions that the charges be withdrawn,” NPA spokesperson Kaizer Kganyago said.
Mothibi said a prosecution that proceeds despite insufficient evidence and fails to consider material exculpatory information would not be consistent with the NPA’s mandate.
The NPA will refer the case to the IDAC judge to determine whether the charges were deliberately instituted or whether misconduct was involved, Kganyago said.
Speaking to the media after the court hearing, Masemola said he had not considered suing the state and was ready to return to his position as South African Police Service (SAPS) national commissioner.
“I’m eager to get back and serve the country, but I will still have to wait for the employer,” he said.
He added that he had not spoken to President Cyril Ramaphosa AS he had taken ill.
Masemola said his case highlighted the need to avoid a “conflation of function” between investigators and prosecutors.
“Let investigations be done by investigators and prosecutors prosecute based on the investigations,” he said.
IDAC had accused Masemola of failing to fulfil his oversight duties as the SAPS accounting officer in relation to the Medicare24 contract.
Former IDAC head Andrea Johnson faced criticism from commissioners at the Madlanga Commission, who questioned the regularity of the charges against Masemola.
Commissioners argued that the charges were irregular and had been instituted to humiliate Masemola through his appearance in the dock and his alleged association with Matlala.
Mothibi’s review has now resulted in the withdrawal of the charges, with the NPA referring the matter for further investigation into how the case was handled.