The National Prosecuting Authority (NPA) has formally withdrawn the charges against National Police Commissioner General Fannie Masemola.
The withdrawal follows a review of the charges laid against Masemola and his subsequent arrest by the Investigating Directorate Against Corruption (IDAC) for alleged violations of the Public Finance Management Act (PFMA).
“In reviewing the matter, the NDPP, Advocate Andy 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 NDPP to intervene in any prosecution process where the NPA’s policy directives have not been complied with. The NPA directives provide, among other things, that there must be reasonable prospects of success before a matter is enrolled for trial,” said NPA spokesperson Kaizer Kganyago.
According to Kganyago, Mothibi considered evidence gathered by IDAC during its investigation, as well as a report by the Case Assessment Panel and a report from an independent senior counsel appointed to participate in the case assessment process.
Kganyago said that, following the review, the NDPP was satisfied that there were no reasonable prospects of a successful prosecution against Masemola on the PFMA charges.
“The NDPP has subsequently issued instructions that the charges be withdrawn.
“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest. 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,” said Kganyago.
The NDPP will also 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, and to determine whether any misconduct occurred.
Meanwhile, the NPA will make arrangements for Masemola to appear in court
