The National Prosecuting Authority (NPA) has withdrawn the criminal charges against National Police Commissioner General Fannie Masemola in connection with the controversial SAPS health-services tender involving businessman Vusimuzi “Cat” Matlala.
The Pretoria Magistrates’ Court formally recorded the withdrawal of the charges on Tuesday, 22 September.
Masemola had faced four counts of contravening Section 38 of the Public Finance Management Act (PFMA), relating to his responsibilities as an accounting officer. The charges stemmed from the procurement of a SAPS health-services contract linked to Matlala’s company, Medicare24. The broader tender was budgeted at R360 million, while the contract at the centre of the proceedings has been reported as worth R228 million.
Masemola was suspended by President Cyril Ramaphosa after the charges were brought by the Independent Directorate Against Corruption (IDAC), with allegations that he had failed to exercise adequate oversight over the procurement process.
However, following a review of the case, National Director of Public Prosecutions Advocate Andy Mothibi instructed that the charges be withdrawn.
“The NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the National Commissioner on the PFMA charges,” the NPA said.
The prosecution of Masemola had also come under scrutiny during the Madlanga Commission of Inquiry. Evidence presented to the commission included allegations concerning the manner in which the case against him was initiated. Those allegations remain contested and were not findings of the court.
Speaking to the media after the withdrawal, Masemola said he was eager to return to his duties but would have to await a decision from his employer.
“I’m eager to go back and serve the country, but of course I’ll still have to wait for the employer. I’ll take it from there,” he said.
Masemola also called for changes to the structure of IDAC, arguing that investigative and prosecutorial functions should be separated.
“From my side, I’ll say probably the legislators, they should relook at not conflating functions. The functions of investigation should be separate from the function of prosecution. The two should not be conflated,” he said.
He added that investigations should be conducted by investigators, while decisions on prosecution should be made separately.
The withdrawal brings the criminal prosecution against Masemola to an end. However, a withdrawal of charges is not the same as an acquittal or a finding on the underlying allegations.
Acting Police Minister Firoz Cachalia has previously said that the decision on whether Masemola returns to his position rests with President Ramaphosa.