Fannie Masemola Charges Withdrawn Over R360 Million SAPS Tender

The Pretoria Magistrates’ Court has formally withdrawn the charges against National Police Commissioner General Fannie Masemola in connection with the controversial SAPS health tender linked to businessman Vusimuzi “Cat” Matlala.

Masemola had faced four counts of contravening the Public Finance Management Act (PFMA), relating to his responsibilities as an accounting officer in the procurement process. The National Prosecuting Authority (NPA) had earlier instructed prosecutors to withdraw the charges after reviewing the evidence.

The court formalised that decision on Tuesday, 22 September, bringing the prosecution against Masemola over the tender to an end.

Fannie Masemola Charges Formally Dropped In Court

The case centred on the SAPS healthcare procurement process involving Medicare24 Tshwane District, a company linked to Matlala.

The broader tender was valued at about R360 million, while the contract that formed part of the court proceedings was valued at approximately R228 million. Masemola’s charges concerned alleged failures in his responsibilities as an accounting officer rather than allegations that he personally committed fraud or corruption.

Masemola was arrested and charged after the Independent Directorate Against Corruption (IDAC) investigated the matter.

He was subsequently placed on precautionary suspension following the charges, which had placed the national police commissioner at the centre of scrutiny over SAPS procurement and oversight.

NPA Says Evidence Did Not Support Successful Prosecution

The decision to withdraw the charges followed a review ordered by National Director of Public Prosecutions Advocate Andy Mothibi.

The NPA said Mothibi considered evidence gathered by IDAC, a Case Assessment Panel report and a report from an independent senior counsel involved in assessing the case.

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Following that review, Mothibi concluded that the evidence did not provide reasonable prospects of securing a successful prosecution against Masemola on the PFMA charges.

“The NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the National Commissioner on the PFMA charges.”

Mothibi said continuing with a prosecution without sufficient evidence would not be in the public interest.

“Enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest.”

Masemola Case To Face Further Scrutiny

While the charges against Masemola have been withdrawn, the NPA said the circumstances surrounding the original prosecution will still be examined.

Mothibi is expected to report the matter to the IDAC judge and make the Case Assessment Panel’s report available for further investigation into the assessment of the evidence, the decision to enrol the case and the application of the law.

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The investigation will also consider whether any misconduct occurred during the prosecution process.

The NPA said its broader review of cases handled by IDAC would continue under its IDAC Reset Programme.

The withdrawal of the charges against Masemola does not determine the outcome of the separate criminal proceedings involving Matlala and other accused persons connected to the SAPS tender.