The MK Party has called on President Cyril Ramaphosa to immediately lift Fannie Masemola’s suspension after criminal charges against the national police commissioner were formally withdrawn.

MK Party Wants Masemola Back In Office

MK Party spokesperson Sifiso Mahlangu said the withdrawal of the charges meant there was no basis for keeping Masemola away from his position.

“The criminal proceedings against General Masemola have collapsed, all charges have been formally withdrawn, and no lawful or rational basis remains for keeping him outside his office,” Mahlangu said.

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The party went further, describing the prosecution as “frivolous, vexatious and malicious”.

Mahlangu alleged that the prosecution had provided Ramaphosa with a pretext to remove Masemola from his position. Those are the MK Party’s characterisations of the matter and have not been established as findings by the court.

Masemola was suspended after facing four PFMA-related charges linked to his alleged oversight responsibilities concerning the SAPS health services contract awarded to Vusimuzi “Cat” Matlala’s company, Medicare24.

NPA Says There Were No Reasonable Prospects Of Success

The NPA’s explanation for withdrawing the charges differs from the MK Party’s characterisation of the prosecution.

According to the NPA, Mothibi reviewed evidence gathered by the Investigating Directorate Against Corruption (IDAC), considered a Case Assessment Panel report and obtained an assessment from an independent senior counsel before concluding that the evidence did not provide reasonable prospects of a successful prosecution.

NPA spokesperson Kaizer Kganyago said the review also identified procedural issues in how the case had been handled. The NPA said the matter would be reported to the IDAC judge, with the relevant assessment material made available for scrutiny into the circumstances surrounding the prosecution.

The withdrawal therefore brought the criminal proceedings against Masemola to an end, but did not automatically terminate his suspension or determine whether he would return to his position as national commissioner.

Madlanga Commission Evidence Under Spotlight

The MK Party has also relied on evidence heard by the Madlanga Commission in arguing that Masemola should return to office.

Mahlangu said evidence before the commission indicated that Masemola had acted within his powers and exercised caution before making decisions relating to the Medicare24 matter. The party also questioned the role of IDAC and former officials involved in the prosecution.

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The commission has heard contested evidence about the circumstances surrounding Masemola’s prosecution and suspension. The withdrawal of the charges has now added another dimension to those proceedings, with the NPA itself referring the handling of the case for further scrutiny.

Meanwhile, attention has shifted to the Presidency over what happens next. Masemola has indicated that he is ready to return to work, while reports say a meeting with Ramaphosa is being considered to discuss his position.

For now, the MK Party is pressing Ramaphosa to end the suspension, while the NPA’s review of how the withdrawn case was instituted and handled remains a separate process.