Masemola charges withdrawn as Cachalia hints at return of police chief - IOL

Acting Police Minister Professor Firoz Cachalia has welcomed the withdrawal of charges against National Police Commissioner General Fannie Masemola.

Acting Police Minister Professor Firoz Cachalia has expressed a sigh of relief over the withdrawal of charges against suspended National Police Commissioner General Fannie Masemola, saying he had always believed it was unjust for the police chief to face criminal prosecution.

He also hinted that Masemola could soon come back to his position as the top cop.

National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi, ordered that charges against Masemola be withdrawn.

This comes after a review of the case brought against Masemola by the Independent Directorate Against Corruption (IDAC), with no reasonable prospects of a successful prosecution.

IDAC previously charged Masemola on four counts of contravening the Public Finance Management Act (PFMA) on May 4.

The charges were in connection with the multimillion-rand police healthcare tender awarded to alleged crime boss and business tycoon Vusimusi “Cat” Matlala.

The case centred on a contract valued between R228 million and R360 million that was allegedly awarded to Medicare24, a company owned by  Matlala.

Then, President Cyril Ramaphosa placed Masemola on a precautionary suspension as a result.

Speaking at a media briefing on Tuesday night at the Gauteng SAPS Park Town offices, Cachalia said: “I am very happy for Masemola and very relieved. I always thought that it was unjust to join him in a criminal prosecution.”

“The president and National Commissioner General Masemola will probably meet shortly, and the President, because as you know the President appoints the national commissioner.”

“And presumably at some point the President will engage with me as well as his thinking on the way forward,” he said.

Mothibi has formally issued instructions for the charges against Masemola to be withdrawn.

According to National Prosecuting Authority (NPA) spokesperson Kaizer Kganyago, the instructions followed a review of the charges laid against Masemola and his subsequent arrest by IDAC for violating the PFMA.

Kganyago said that, in conducting the review, Mothibi invoked Section 179(5)(c) of the Constitution, read with Section 22(2)(b) of the National Prosecuting Authority Act 32 of 1998.

“These provisions empower the NDPP to intervene in any prosecution process where the NPA policy directives are not complied with. The NPA directives provide, amongst others, that there must be reasonable prospects of success before a matter is enrolled for trial.”

He said Mothibi considered evidence gathered by IDAC during its investigations.

“He also considered a report by the Case Assessment Panel together with a report of an independent Senior Counsel who was appointed to be part of the case assessment process.

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

He said Mothibi had subsequently issued instructions for the charges to be withdrawn.

Mothibi said enrolling a case for prosecution where evidence is not sufficient to sustain a successful prosecution is not in the public interest.

Meanwhile, Kganyago said Mothibi would report the matter to the IDAC judge and make the Case Assessment Panel report available to investigate the circumstances relating to the prosecution team’s assessment of the evidence, the enrolment of the matter and the application of the law, to determine whether there was any misconduct.

“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.”

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.”