Acting police minister ‘relieved’ as charges against Masemola withdrawn

Acting Police Minister Firoz Cachalia has welcomed the National Prosecuting Authority’s (NPA) decision to withdraw criminal charges against suspended National Police Commissioner General Fannie Masemola.

Cachalia said he had always believed it was unjust to subject Masemola to a criminal prosecution.

The acting police minister was speaking on Tuesday evening after the NPA announced that it had withdrawn the charges against Masemola, who had been facing charges linked to the controversial Medicare24 tender by businessman Vusimuzi “Cat” Matlala.

ALSO READ | NPA drops charges against police commissioner Fannie Masemola

Masemola faced four counts of contravening the Public Finance Management Act (PFMA) in connection with the controversial Medicare24 tender awarded by the South African Police Service (SAPS).

I’m happy and relieved that the National Prosecuting Authority has taken that decision.

Cachalia said President Cyril Ramaphosa and Masemola were expected to meet soon, after which there would be greater clarity on the way forward for the suspended national commissioner.

ALSO READ | Senior SAPS officers in the dock as R360 million tender probe widens

The comments came as Cachalia joined a high-level government delegation meeting with senior SAPS management and investigators at the SAPS Gauteng provincial office in Parktown.

The NPA’s decision to withdraw the charges against Masemola came after the prosecution authority reviewed the case.

NPA head Advocate Andy Mothibi ordered the withdrawal of the charges.

Mothibi said he considered evidence gathered by the Investigating Directorate Against Corruption (IDAC) during its investigation, as well as a report by the Case Assessment Panel and a report by an independent senior counsel appointed to participate in the case assessment process.

ALSO READ | WATCH LIVE | Ramaphosa addresses nation on SAPS crisis

Mothibi concluded that the evidence did not provide reasonable prospects of a successful prosecution against Masemola and instructed that the charges be withdrawn.

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

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.