Madlanga Commission Examines Legal Basis Of PFMA Charges Against Fannie Masemola

The Madlanga Commission has examined whether the Independent Directorate Against Corruption (IDAC) acted within its legal authority when it charged suspended National Police Commissioner Fannie Masemola with alleged breaches of the Public Finance Management Act (PFMA).

Masemola is facing four charges under Section 38 of the PFMA, which requires senior government officials to ensure sound financial management and prevent irregular, fruitless and wasteful expenditure within their departments.

The charges relate to the R360 million SAPS Health Services tender awarded to a company linked to Vusimuzi "Cat" Matlala. Masemola is accused of failing to follow the required processes in connection with the procurement.

Madlanga Commission Questions IDAC's Authority To Lay PFMA Charges

During proceedings on Tuesday, former IDAC head Andrea Johnson concluded her testimony by receiving what commissioners described as "homework" ahead of Wednesday's hearing.

The commission instructed Johnson to consider whether IDAC had operated within its legal mandate when it charged Masemola with contravening the PFMA.

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Returning to the witness stand on Wednesday, Johnson maintained that the anti-corruption unit had acted within the scope of its authority.

"As the accounting officer, you need to stop the contract and therefore stop the payment. It took him a long time to do so, and in not acting promptly, monies were paid because of these unlawful and corrupt activities."

Justice Madlanga Raises Concerns Over Standalone PFMA Charges

Despite Johnson's defence of IDAC's actions, Commission Chairperson Justice Mbuyiseli Madlanga questioned the legal approach taken in the matter.

Madlanga told Johnson that pursuing standalone PFMA charges against Masemola, without accompanying criminal charges, appeared to make little sense, signalling continued scrutiny over the legal foundation of the case as the commission's proceedings continue.