The National Prosecuting Authority (NPA) has withdrawn charges against suspended SAPS National Commissioner General Fannie Masemola, clarifying that his position at the helm of the organisation does not, on its own, constitute grounds for criminal prosecution regarding the Medicare24 contract.
This was according to NPA spokesperson Kaizer Kganyago, who dismissed the suggestion that the charges against Masemola, relating to the R228 million Medicare24 contract awarded to alleged crime boss Vusimuzi "Cat" Matlala, should have stood simply because he was the accounting officer when the tender was awarded.
“Being at the helm of the organisation doesn't have anything to do with him. He was charged in his personal capacity for whatever he had not done or had done,” he said.
Kganyago said the NPA had explained in a recent media statement why it withdrew the charges against Masemola after reviewing the facts in the docket.
“We were of the view that we don't have enough evidence to sustain a successful prosecution against him…Therefore, you can't come with an argument that says the charges should not have been dropped because the buck stops with him. No, we can't, because right now we don't deal with that, that was not what the charges were about,” he said.
He reiterated that the charges related to the PFMA and Masemola's role in the process. He said it was now clear, both from the opinion of the review committee and from senior counsel engaged to assist with the review, that “we do not have enough evidence to sustain a successful prosecution and our prosecution policy says you must not put the matter on trial when you do not have prospect of a successful prosecution”.
In terms of the PFMA, a criminal charge for an accounting officer requires proof that the official acted wilfully or grossly negligently in relation to their duties.
Asked whether charges could be reinstated should sufficient evidence against Masemola emerge in future, Kganyago said: "No, the door is closed. Right now... we have withdrawn the charges. Therefore, if anything happens, it will be a new matter."
Legal analyst Vuyo Manisa, however, said that if evidence emerges showing wrongdoing on his part, the NPA would be within its rights to reinstate the case or bring further charges based on information uncovered at a later stage.
He explained that the charge against Masemola was problematic in itself, as he was charged under the PFMA for failing in his oversight as SAPS accounting officer regarding the Medicare24 contract, and then abruptly charged alongside “those people that I won't mention by name”.
Masemola was charged alongside Matlala and 12 senior police officers implicated in tender-related corruption and fraud. The group was arrested by the NPA's Investigating Directorate Against Corruption (IDAC) after an investigation launched in 2024, and later released on bail ranging from R40,000 to R80,000.
Manisa said Masemola’s lawyer argued that if their client contravened the PFMA as an accounting officer he should not have been charged with others.
“I think the whole issue here is about the way that he was charged. And the way that his case was handled,” he said.
In its recent media statement, the NPA said the National Director of Public Prosecutions, Advocate Andy Mothibi, reviewed the charges in terms of Section 179(5)(c) of the Constitution read with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998.
These provisions allow the NDPP to intervene in any prosecution where NPA policy directives have not been complied with, including the directive that “there must be reasonable prospects of success before a matter is enrolled for trial”.
“The NDPP considered evidence gathered by IDAC (Investigating Directorate Against Corruption) through investigations, he also considered a report by the Case Assessment Panel together with a report of an independent senior counsel who was appointed to be part of the Case Assessment Process,” the NPA said in its statement.
Mothibi has since referred the matter to IDAC Ombud, retired Judge Takalani Joseph Raulinga, using the Case Assessment Panel report, to investigate the circumstances surrounding the prosecution team's assessment of the evidence, the enrolment of the case and the application of the law to establish whether there was any misconduct.
Tiyisela Mpuzana, spokesperson for the Office of the IDAC Oversight Judge, confirmed that engagement is ongoing between the office and the NPA regarding the referral process.
“The matter remains subject to administrative and procedural engagements between the two institutions, with a view to finalising the referral process in accordance with the applicable legal framework. Upon finalisation of the referral process, the matter will be considered in accordance with the Oversight Judge’s statutory mandate and the applicable legal prescripts,” he said.
Mpuzana said the Office cannot give definite timeframes for completing any assessment, report or determination, as the process's length depends on factors such as the nature and complexity, available information and documentation, and any further enquiries required.
“Any findings or recommendations arising from the Office’s processes will be dealt with in accordance with the applicable statutory reporting and accountability framework. The Office will communicate substantive developments that warrant disclosure in the public interest, while safeguarding the integrity, independence and fairness of the process,” he said.
Speaking to journalists outside court after the charges against him were withdrawn this week, Masemola admitted that the matter had taken a heavy toll on him.
On the question of whether he is contemplating suing the State, he said: “I haven't considered suing, I haven't considered that... Secondly, no, the President (Cyril Ramaphosa) hasn't called me.”
Presidential spokesperson Vincent Magwenya did not respond to questions related to the president possibly lifting Masemola’s suspension.
Manisa said at this stage it is up to Ramaphosa to decide whether Masemola should be reinstated or not.
Asked if Masemola could consider suing the State, he said: “He might. I mean, it is right. There's nothing to stop him from doing that. But is it worth it on his side? I don't think so.”
rapula.moatshe@nationalmg.co.za