Fannie Masemola PFMA Charges Withdrawn By NPA Over Lack Of Evidence

The National Prosecuting Authority (NPA) has directed that four charges against National Police Commissioner General Fannie Masemola be withdrawn after finding that the evidence does not provide reasonable prospects of a successful prosecution.

The decision follows a review of the case initiated by the Independent Directorate Against Corruption (IDAC), which led to Masemola being arrested and charged. The matter concerned the alleged irregular awarding of a major police health-services contract.

The contract at the centre of the case was valued at between R228 million and R360 million and was allegedly awarded to Medicare24, a company owned by businessman Vusimuzi “Cat” Matlala.

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Masemola faced four counts of contravening Section 38 of the Public Finance Management Act (PFMA). The allegations related to his duties as an accounting officer and did not accuse him of personally committing fraud or corruption.

Fannie Masemola PFMA Charges Withdrawn After NPA Review

National Director of Public Prosecutions Advocate Andy Mothibi ordered the withdrawal after considering the evidence compiled by IDAC. His decision was made under Section 179(5)(c) of the Constitution, read together with Section 22(2)(b) of the NPA Act. These provisions allow the NDPP to intervene where prosecution processes do not comply with NPA policy directives.

The NPA's policies require prosecutors to establish that there are reasonable prospects of a successful prosecution before a criminal matter is enrolled for trial. Mothibi considered the IDAC evidence, a report from the Case Assessment Panel and an assessment prepared by an independent Senior Counsel who took part in the review. The assessment concluded that the required threshold for prosecution had not been met.

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

Mothibi said taking a case to court without adequate evidence would not be in the public interest. He also raised concerns about continuing with a prosecution where relevant information that could clear an accused person had not been properly considered.

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

Fannie Masemola Case To Face Further Scrutiny

Although the withdrawal brings the prosecution against Masemola to a halt, the NPA said the circumstances surrounding the case would still be examined.

Mothibi will report the matter to the IDAC Judge and provide the Case Assessment Panel's report for further investigation. The probe will assess how the evidence was evaluated by the prosecution team and how the decision to enrol the case was reached.

The investigation will also consider the application of the law and whether any misconduct may have occurred during the handling of the matter. The NPA said this process is separate from the decision to withdraw the charges against Masemola. It will therefore continue examining how the case progressed through the prosecution process.

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Mothibi said a prosecution pursued without sufficient evidence, particularly where material exculpatory information is not considered, would be inconsistent with the NPA's responsibilities. The authority said the decision was based on the outcome of its review and the applicable prosecution policy. Masemola's legal representatives had also made representations to the NPA.

The NPA said those representations were taken into account during the process. However, they did not change the outcome because the decision to withdraw the charges had already been reached following the review. Masemola is expected to return to court for the withdrawal to be formally recorded.

Fannie Masemola Charges Withdrawn As NPA Reviews IDAC Cases

The NPA said the withdrawal of the charges forms part of a wider review of IDAC matters. Other cases are being examined through the IDAC Reset Programme as the authority assesses prosecution decisions and case-handling processes. The programme will continue alongside the further investigation into the circumstances surrounding Masemola's case.

The four PFMA charges against Masemola will therefore no longer proceed on the basis of the current prosecution assessment. The NPA maintains that the evidence did not meet the threshold required to secure a successful prosecution. The formal withdrawal will now be recorded when Masemola returns to court.

The authority's further investigation will focus on whether the evidence was properly assessed before the case was enrolled. It will also examine the interpretation and application of the relevant law by the prosecution team. Any potential misconduct identified during that process will be considered as part of the investigation.