The Pretoria Magistrates’ Court has formally withdrawn the charges against suspended National Police Commissioner Fannie Masemola in connection with the controversial R360-million Medicare24 contract.
Masemola had faced four charges under the Public Finance Management Act (PFMA). He was accused of failing to properly exercise his oversight responsibilities during the awarding of the contract. Approximately R50 million had already been paid before Masemola cancelled the agreement after an internal report identified alleged irregularities.
The Independent Directorate Against Corruption (IDAC) formally charged Masemola on 16 April, making him the 17th accused in the criminal case involving alleged Big 5 cartel leader Vusimuzi “Cat” Matlala.
The decision to withdraw the charges followed a review ordered by National Prosecuting Authority (NPA) head Andy Mothibi. The review examined the evidence collected by IDAC, findings from the Case Assessment Panel and an assessment conducted by an independent senior counsel who was involved in the review process.
NPA spokesperson Kaizer Kganyago said the review had concluded that there was insufficient evidence to provide a reasonable prospect of successfully prosecuting Masemola on the PFMA charges. Mothibi therefore instructed that the charges be withdrawn.
The NPA head also indicated that continuing with a prosecution where the available evidence was insufficient, particularly if important information that could support the accused had not been properly considered, would not be consistent with the responsibilities of the prosecuting authority.
The NPA will now refer the matter to the IDAC judge to establish whether the charges were intentionally or improperly instituted and whether any misconduct may have occurred during the
process.
Masemola Ready to Return to SAPS
Following the court proceedings, Masemola told journalists that he had not considered taking legal action against the state. He also expressed his willingness to resume his duties as the national commissioner of the South African Police Service (SAPS).
Masemola said he was eager to return to work and continue serving the country, although he would have to wait for a decision from his employer.
He also said he had not spoken to President Cyril Ramaphosa because the president had been unwell.
Masemola used the case to highlight what he described as the importance of maintaining a clear distinction between investigations and prosecutions. He argued that investigators should concentrate on gathering evidence, while prosecutors should make prosecution decisions based on the findings of those investigations.
Questions Surrounding the Original Charges
IDAC had alleged that Masemola failed to properly carry out his responsibilities as the SAPS accounting officer in relation to the Medicare24 contract.
The circumstances surrounding the charges had already come under scrutiny at the Madlanga Commission. Former IDAC head Andrea Johnson faced questions from commissioners about whether the charges against Masemola had been properly instituted.
Some commissioners raised concerns that the charges were irregular and suggested that Masemola's court appearance and his alleged association with Matlala had exposed him to unnecessary public humiliation.
Mothibi's review has now resulted in the withdrawal of the charges. The NPA has also referred the matter for further examination to determine how the case was initiated and whether there were any problems or misconduct in the process that led to Masemola being charged.
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