National Police Commissioner General Fannie Masemola is off the hook after the National Prosecuting Authority ordered the withdrawal of all four criminal charges against him, finding that the available evidence does not provide reasonable prospects of a successful prosecution.
Masemola was facing four counts of contravening Section 38 of the Public Finance Management Act (PFMA) in connection with the controversial multimillion-rand SAPS health-services contract allegedly awarded to Medicare24, a company owned by businessman Vusimuzi “Cat” Matlala.
The value of the contract has been cited at between R228 million and R360 million.
The decision to withdraw the charges was taken by National Director of Public Prosecutions Advocate Andy Mothibi following a review of the case brought against Masemola by the Independent Directorate Against Corruption (IDAC).
According to the NPA, the review concluded that the evidence against the National Commissioner did not provide reasonable prospects of securing a successful prosecution.
The decision effectively brings Masemola’s prosecution over the contract to an end.
Masemola was arrested and charged
Masemola had been arrested and brought before court after IDAC pursued allegations surrounding the manner in which the major SAPS health-services contract was awarded.
His four charges were specifically related to alleged contraventions of the PFMA and his responsibilities as accounting officer of the South African Police Service.
He was not charged with fraud, corruption or money laundering in the matter.
The Medicare24 contract has attracted significant scrutiny because of its connection to Matlala, the businessman who has become a central figure in several investigations involving alleged criminality and relationships with figures within the country’s law-enforcement structures.
Masemola’s legal team subsequently made representations challenging the prosecution and seeking the withdrawal of the charges.
The case was then subjected to a high-level review before Mothibi ultimately instructed that the four PFMA charges be withdrawn.
Evidence falls short of prosecution threshold
The NPA’s conclusion that there are no reasonable prospects of a successful prosecution is significant because prosecutors are required to assess whether the available admissible evidence provides a reasonable prospect of obtaining a conviction before proceeding with a criminal case.
In Masemola’s case, the NDPP has now determined that the evidence falls short of that threshold.
The withdrawal also follows questions previously raised about the legal foundation of the PFMA case against the National Commissioner.
Masemola’s prosecution had significant consequences for the leadership of SAPS, with President Cyril Ramaphosa placing him on precautionary suspension after he was charged.
With the criminal case against him now set to fall away, attention is expected to shift to Masemola’s position as National Police Commissioner and the future of his suspension.
The withdrawal of the charges does not, on its own, determine any separate administrative or disciplinary processes that may exist, but it removes the criminal prosecution that formed the basis of the controversy surrounding his position.
