SAPS boss Fannie Masemola cleared as NPA withdraws all PFMA charges - TimesLIVE

The national director of public prosecutions (NDPP), Adv Andy Mothibi, has ordered that charges against national police commissioner Gen Fannie Masemola be withdrawn as there are no reasonable prospects of a successful prosecution.

This comes after a review of the case brought against Masemola by the Independent Directorate Against Corruption (IDAC).

According to the National Prosecuting Authority (NPA), Mothibi took the decision after reviewing evidence gathered during the IDAC investigation, as well as assessments by a case assessment panel and an independent senior counsel.

“The NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the national commissioner on the PFMA [Public Finance Management Act] charges. The NDPP has subsequently issued instructions that the charges against the national commissioner be withdrawn,” said NPA spokesperson Kaizer Kganyago.

He said Mothibi had invoked Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act, which allows the NDPP to intervene in prosecution processes where NPA policy directives have not been complied with.

Kganyago said its directives require prosecutors to establish that there are reasonable prospects of a successful prosecution before a matter is enrolled for trial.

After assessing the evidence, Mothibi concluded that this threshold had not been met in the case against Masemola, he said.

He therefore instructed that the PFMA charges be withdrawn.

According to Mothibi, enrolling a case for prosecution when evidence is insufficient to sustain a successful prosecution is not in the public interest.

“The NDPP is satisfied that there are no reasonable prospects of a successful prosecution against the national commissioner ...” — NPA spokesperson Kaizer Kganyago

“A prosecution that proceeds while evidence is insufficient to sustain a successful prosecution and omits material exculpatory considerations does not accord with the NPA mandate,” he said.

The decision follows a turbulent period for Masemola, who was arrested over alleged violations of the Act.

IDAC charged Masemola on four counts of contravening the PFMA on May 4, and president Cyril Ramaphosa placed him on special leave as a result. This was over the multimillion-rand police healthcare tender awarded to Vusimusi “Cat” Matlala.

Kganyago said Mothibi will now report the matter to the IDAC judge and make the case assessment panel’s report available for an investigation into how the prosecution team assessed the evidence, enrolled the matter and applied the law.

“Further to the process of assessing and reviewing the matter, as stipulated above, the NPA also received representations from the lawyers representing the national commissioner,” he said.

“The representations were considered by the NDPP; however, since the decision to withdraw the matter was already taken based on the assessment and review process above, the representations did not have a further bearing on this matter.

“The prosecution team will make arrangements for the national commissioner to appear in court for the purpose of withdrawing the case against him.

“The process of assessing and reviewing all the cases at IDAC will continue as part of the IDAC Reset Programme.”