Masemola charges withdrawn as Cachalia signals possible return for national commissioner

The National Prosecuting Authority has withdrawn criminal charges against suspended National Police Commissioner General Fannie Masemola, and Acting Police Minister Professor Firoz Cachalia said the development could pave the way for Masemola to return to his post.

NDPP orders withdrawal after review

National Director of Public Prosecutions Advocate Andy Mothibi issued instructions to withdraw the charges following a review of a case brought by the Independent Directorate Against Corruption (IDAC). The review found no reasonable prospects of a successful prosecution on the Public Finance Management Act (PFMA) counts that IDAC had laid against Masemola.

IDAC had charged Masemola on four counts of contravening the PFMA related to a multimillion-rand police healthcare tender linked to Vusimusi “Cat” Matlala. The tender was said to concern a contract valued between R228 million and R360 million allegedly awarded to Medicare24.

Cachalia welcomes decision and hints at comeback

Speaking at a media briefing on Tuesday night at the Gauteng SAPS Park Town offices, Acting Police Minister Firoz Cachalia said he was relieved by the withdrawal.

“I am very happy for Masemola and very relieved. I always thought that it was unjust to join him in a criminal prosecution.”

Cachalia added that the president and National Commissioner General Masemola will probably meet shortly, and noted that the President appoints the national commissioner. He said:

“And presumably at some point the President will engage with me as well as his thinking on the way forward.”

NPA explanation and next steps

NPA spokesperson Kaizer Kganyago said Mothibi invoked constitutional and NPA Act provisions to intervene in the prosecution process where policy directives were not complied with, including the requirement that there must be reasonable prospects of success before a matter is enrolled for trial.

The NDPP considered evidence gathered by IDAC, a report by the Case Assessment Panel and a report by an independent Senior Counsel appointed to the case assessment process. Following that review, the NDPP was satisfied there were no reasonable prospects of a successful prosecution on the PFMA charges and subsequently instructed that they be withdrawn.

Mothibi said enrolling a case for prosecution where evidence is insufficient to sustain a successful prosecution is not in the public interest, adding:

“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.”

Kganyago said Mothibi would report the matter to the IDAC judge and make the Case Assessment Panel report available to investigate the circumstances around the prosecution team’s assessment, the enrolment of the matter and application of the law to determine whether there was any misconduct.

The NPA also received representations from Masemola’s lawyers, which were considered by the NDPP. Kganyago said the decision to withdraw had already been taken based on the assessment and review.

Court procedure and broader review

The prosecution team will make arrangements for Masemola to appear in court for the purpose of withdrawing the case against him. The process of assessing and reviewing all IDAC cases will continue as part of the IDAC Reset Programme, the NPA said.