Criminal charges against suspended National Police Commissioner General Fannie Masemola have been formally withdrawn in the Pretoria Magistrates’ Court in connection with the controversial Medicare24 tender case.
Masemola arrived at court on Tuesday morning as the National Prosecuting Authority (NPA) moved to formally withdraw the Public Finance Management Act (PFMA) charges against him.
The withdrawal follows a review ordered by National Director of Public Prosecutions Advocate Andy Mothibi, who concluded that there were no reasonable prospects of a successful prosecution against Masemola.
The charges relate to a South African Police Service health services tender involving Medicare24 Tshwane District, a company linked to Vusimuzi “Cat” Matlala, who is among the accused in the broader matter.
The NPA previously said its decision followed consideration of evidence gathered by the Independent Directorate Against Corruption (IDAC), a Case Assessment Panel report and an assessment by independent senior counsel.
NPA spokesperson Kaizer Kganyago confirmed that the case against Masemola had been withdrawn and said the matter would now be referred to the IDAC judge for further scrutiny.
“We have sent this file and report from the panel to the IDAC judge, Judge Raulinga, to then look at that part to check whether there was anything untowards, because that is the job that he is there to do, because he is there to protect the public,” said Kganyago.
“Therefore, we are saying these are the facts that we relied on. You can take it from there and determine whether there was any misconduct that was done.”
The NPA had announced last week that Mothibi had ordered the withdrawal of the charges after the review found insufficient evidence to sustain a successful prosecution. The authority said enrolling a matter where there are not reasonable prospects of success would not be in the public interest.
The decision does not, however, amount to a court finding that Masemola committed no wrongdoing. It means the prosecution has been withdrawn after the NPA review found that the available evidence did not meet the threshold required to proceed with the case.
The NPA has also indicated that the circumstances surrounding the prosecution will be examined by the IDAC judge, including the assessment of evidence, the enrolment of the matter and the application of the law. The purpose is to determine whether any misconduct occurred in the handling of the case.
Kganyago was also asked about the other accused in the broader Medicare24 matter, who are expected back in court on September 29.
He said the remaining accused would continue facing the case based on the evidence currently before the prosecution, although their individual representations would be considered.
“As far as we are concerned, all the other remaining people are going to continue with this matter with the evidence before us,” said Kganyago.
He said the NPA would not hesitate to withdraw charges against other accused if a review established that there was insufficient evidence against them.
“If we find that one or whatever of those people there is no enough evidence against them, we will not be shy to then withdraw those charges. But if there is prima facie evidence against you, you’ll have to go through the court system and ultimately clear yourself,” he said.
The withdrawal of the charges comes while Masemola remains suspended. President Cyril Ramaphosa placed him on precautionary suspension following his court appearance earlier this year.
The decision could remove the criminal case as an obstacle to Masemola returning to his position, although his suspension is a separate matter that would have to be dealt with independently.
Police union SAPU has already called for Masemola to be reinstated.
SAPU spokesperson Lesiba Thobakgale said the withdrawal meant there should no longer be a criminal case hanging over the police commissioner.
“There is no cloud on top of the head of the national commissioner. He must come back to finish his term,” said Thobakgale.
Thobakgale also called for accountability for those involved in the process that resulted in Masemola being charged.
“Those who indeed connived against the national commissioner, they need to account as well,” he said.
The NPA has stressed that the broader review of IDAC matters will continue under its IDAC Reset Programme.
Masemola’s withdrawal marks a significant development in a case that had placed the country’s top police officer at the centre of a major investigation involving public procurement and the controversial Medicare24 tender.
The remaining accused are expected back in court on September 29, while the IDAC judge will now consider the circumstances surrounding the case against Masemola.
